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Uznanie autorstwa - Na tych samych warunkach 3.0 Polska

CREATIVE COMMONS NIE JEST KANCELARIĄ PRAWNĄ I NIE ŚWIADCZY USŁUG PRAWNICZYCH. ROZPOWSZECHNIANIE WZORCA NINIEJSZEJ LICENCJI NIE PROWADZI DO POWSTANIA STOSUNKU ZAUFANIA W RODZAJU RELACJI POMIĘDZY KLIENTEM I JEGO DORADCĄ PRAWNYM. CREATIVE COMMONS DOSTARCZA JEDYNIE INFORMACJI O TEJ LICENCJI JAKO INSTRUMENTU, KTÓRY MOŻNA NA ZASADACH W NIEJ ZAWARTYCH WYKORZYSTAĆ DLA WŁASNYCH CELÓW. CREATIVE COMMONS NIE UDZIELA ŻADNYCH GWARANCJI I NIE PONOSI ODPOWIEDZIALNOŚCI Z TYTUŁU SZKÓD MOGĄCYCH POWSTAĆ W WYNIKU JEJ WYKORZYSTYWANIA.

Licencja

UTWÓR (ZDEFINIOWANY PONIŻEJ) PODLEGA NINIEJSZEJ LICENCJI PUBLICZNEJ CREATIVE COMMONS ("CCPL" LUB "LICENCJA"). UTWÓR PODLEGA OCHRONIE PRAWA AUTORSKIEGO LUB INNYCH STOSOWNYCH PRZEPISÓW PRAWA. KORZYSTANIE Z UTWORU W SPOSÓB INNY NIŻ DOZWOLONY NA PODSTAWIE NINIEJSZEJ LICENCJI LUB PRZEPISÓW PRAWA JEST ZABRONIONE.

WYKONANIE JAKIEGOKOLWIEK UPRAWNIENIA DO UTWORU OKREŚLONEGO W NINIEJSZEJ LICENCJI OZNACZA PRZYJĘCIE I ZGODĘ NA ZWIĄZANIE POSTANOWIENIAMI NINIEJSZEJ LICENCJI.

1. Definicje

  1. "Utwór zależny" oznacza opracowanie Utworu lub Utworu i innych istniejących wcześniej utworów lub przedmiotów praw pokrewnych, z wyłączeniem materiałów stanowiących Zbiór. Dla uniknięcia wątpliwości, jeżeli Utwór jest utworem muzycznym, artystycznym wykonaniem lub fonogramem, synchronizacja Utworu w czasie z obrazem ruchomym ("synchronizacja") stanowi Utwór Zależny w rozumieniu niniejszej Licencji.
  2. "Zbiór" oznacza zbiór, antologię, wybór lub bazę danych spełniającą cechy utworu, nawet jeżeli zawierają nie chronione materiały, o ile przyjęty w nich dobór, układ lub zestawienie ma twórczy charakter. Utwór stanowiący Zbiór nie będzie uznawany za Utwór Zależny (zdefiniowany powyżej) w rozumieniu niniejszej Licencji.
  3. "Licencja Kompatybilna" oznacza wzór licencji spośród wzorów wskazanych pod https://creativecommons.org/compatiblelicenses, które zostały uznane przez Creative Commons za stanowiące co do zasady równoważnik niniejszej Licencji, ze względu między innymi na to, że licencje takie co najmniej: (i) zawierają postanowienia mające taki sam cel, znaczenie oraz skutek jak Atrybuty Licencji niniejszej Licencji; oraz (ii) wyraźnie zezwalają na to, aby utwory zależne udostępnione na podstawie tych licencji były licencjonowane na niniejszej Licencji lub na licencji Creative Commons opracowanej dla innego systemu prawnego o tych samych Atrybutach Licencji, co niniejsza Licencja, lub na licencji Creative Commons w wersji "Unported" o tych samych Atrybutach Licencji, co niniejsza Licencja.
  4. "Rozpowszechnianie" oznacza wprowadzanie do obrotu, użyczenie lub najem oryginału albo egzemplarzy Utworu lub Utworu Zależnego.
  5. "Atrybuty Licencji" oznacza następujące opisowe określenia licencji wybrane przez Licencjodawcę i wskazane w tytule niniejszej Licencji: Uznanie autorstwa, Na tych samych warunkach.
  6. "Licencjodawca"oznacza osobę fizyczną, osoby fizyczne, jednostkę organizacyjną lub jednostki organizacyjne oferujące Utwór na zasadach określonych w niniejszej Licencji.
  7. "Twórca" oznacza (z zastrzeżeniem Par. 8(g)), w odniesieniu do utworów twórcę lub podmiot, na rzecz którego prawa autorskie przysługują w sposób pierwotny, lub w przypadku niemożności ustalenia tych podmiotów, wydawcę lub producenta, a dodatkowo:
    1. w przypadku artystycznych wykonań - aktorów, recytatorów, dyrygentów, instrumentalistów, wokalistów, tancerzy i mimów oraz inne osoby w sposób twórczy przyczyniające się do powstania wykonania;
    2. w przypadku fonogramu lub wideogramu - producenta fonogramu lub wideogramu;
    3. w przypadku nadań programów - organizację radiową lub telewizyjną;
    4. w przypadku pierwszych wydań - wydawcę, który jako pierwszy w sposób zgodny z prawem opublikował lub w inny sposób rozpowszechnił utwór, którego czas ochrony już wygasł, a jego egzemplarze nie były jeszcze publicznie udostępniane;
    5. w przypadku wydań naukowych i krytycznych - tego, kto po upływie czasu ochrony prawa autorskiego do utworu przygotował jego wydanie krytyczne lub naukowe, nie będące utworem;
    6. w przypadku baz danych niespełniających cech utworu - producenta bazy danych.
  8. "Utwór" oznacza przedmiot praw autorskich lub praw pokrewnych lub bazę danych niespełniającą cech utworu udostępniane na podstawie niniejszej Licencji, z zastrzeżeniem Par. 8(g).
  9. "Licencjobiorca" oznacza osobę fizyczną lub jednostkę organizacyjną korzystającą z uprawnień określonych niniejszą Licencją, która nie naruszyła uprzednio warunków niniejszej Licencji w odniesieniu do Utworu, lub która mimo uprzedniego naruszenia uzyskała wyraźną zgodę Licencjodawcy na wykonywanie uprawnień przyznanych Licencją.
  10. "Publiczne Wykonanie" oznacza publiczne wykonanie, wystawienie, wyświetlenie, odtworzenie oraz nadawanie i reemitowanie, a także publiczne udostępnianie Utworu w taki sposób, aby każdy mógł mieć do niego dostęp w miejscu i w czasie przez siebie wybranym.
  11. "Zwielokrotnianie" oznacza wytwarzanie jakąkolwiek techniką egzemplarzy Utworu, w tym techniką drukarską, reprograficzną, zapisu magnetycznego oraz techniką cyfrową.

2. Dozwolony użytek. Żadne postanowienie niniejszej Licencji nie zmierza do ograniczenia, wyłączenia lub zawężenia sposobów korzystania nieobjętych prawem autorskim lub uprawnień wynikających z ograniczeń lub wyjątków od ochrony prawa autorskiego wynikających z przepisów prawa autorskiego lub innych znajdujących zastosowanie przepisów.

3. Udzielenie licencji. Zgodnie z postanowieniami niniejszej Licencji, Licencjodawca udziela niniejszym Licencjobiorcy nieodpłatnej i niewyłącznej licencji na korzystanie z Utworu na terytorium całego świata, na czas nieoznaczony (do momentu wygaśnięcia praw autorskich), na następujących polach eksploatacji:

  1. Zwielokrotnianie Utworu, włączanie Utworu do jednego lub więcej Zbiorów, Zwielokrotnianie Utworu włączonego do Zbiorów;
  2. Sporządzanie i Zwielokrotnianie Utworów Zależnych pod warunkiem, że wszelkie takie Utwory Zależne, w tym wszelkie tłumaczenia na jakimkolwiek nośniku zostały w rozsądnym zakresie wyraźnie oznaczone, wyróżnione lub w inny sposób zostało na nich wskazane, że w oryginalnym Utworze dokonano zmian. Na przykład na tłumaczeniu można umieścić adnotację: „Oryginał utworu został przetłumaczony z angielskiego na hiszpański”, lub można wskazać, że tłumaczenie „Zawiera zmiany w stosunku do oryginału”;
  3. Rozpowszechnianie oraz Publiczne Wykonanie Utworu w tym Utworu włączonego do Zbiorów;
  4. Rozpowszechnianie oraz Publiczne Wykonanie Utworów Zależnych; oraz
  5. Pobieranie danych z Utworu oraz ich wtórne wykorzystanie.

  6. Dla uniknięcia wątpliwości:

    1. Niezbywalne prawo wynagrodzenia i przymusowe pośrednictwo. Jeżeli według prawa właściwego:
      • Licencjodawcy przysługuje niezbywalne prawo do wynagrodzenia, lub
      • korzystanie z Utworu w określony sposób jest możliwe jedynie za pośrednictwem osoby trzeciej, a Licencjodawca nie może skutecznie wyłączyć takiego przymusowego pośrednictwa niniejszą Licencją,
      to Licencjodawca zastrzega sobie wyłączne prawo do takiego wynagrodzenia oraz zastrzega takie przymusowe pośrednictwo bez ograniczeń;
    2. Zbywalne prawo wynagrodzenia z tytułu licencji ustawowych oraz przymusowe pośrednictwo. Jeżeli według prawa właściwego:
      • Licencjodawca nie może się sprzeciwić wykorzystaniu Utworu na określone sposoby, a przysługuje mu za to zbywalne prawo do wynagrodzenia,
      • korzystanie z Utworu w określony sposób jest możliwe jedynie za pośrednictwem osoby trzeciej, lecz Licencjodawca może wyłączyć takie przymusowe pośrednictwo, lub
      • domniemywa się, że osoba trzecia może występować na rzecz Licencjodawcy,
      to Licencjodawca zrzeka się takiego wynagrodzenia, przymusowego pośrednictwa oraz wyłącza takie domniemanie (odpowiednio); oraz
    3. Wynagrodzenia umowne oraz członkostwo w organizacji zbiorowego zarządzania. Licencjodawca zrzeka się wynagrodzenia pobieranego osobiście, bądź za pośrednictwem organizacji zbiorowego zarządzania.

Powyższe uprawnienia Licencjobiorca może wykonywać na wszystkich rodzajach nośników, we wszystkich rodzajach środków przekazu, oraz we wszystkich aktualnie znanych formatach. Powyższe uprawnienia obejmują także uprawnienie do dokonywania modyfikacji Utworu koniecznych z technicznego punktu widzenia w celu wykonania uprawnień w różnych środkach przekazu, nośnikach lub formatach. Wszystkie prawa wyraźnie nie udzielone przez Licencjodawcę uważa się za zastrzeżone, włączając w to w szczególności uprawnienia określone w niniejszym Paragrafie 3(f) oraz Paragrafie 4(e).

W zakresie, w jakim prawo właściwe wdrażające Dyrektywę Parlamentu Europejskiego i Rady Nr 96/9 z 11.3.1996 r. o prawnej ochronie baz danych przyznaje Licencjodawcy prawa wyłączne do Utworu (lub do jego części) stanowiącego bazę danych niespełniającą cech utworu, Licencjodawca zrzeka się tego prawa. W przypadku, gdy takie zrzeczenie się jest nieskuteczne w świetle prawa właściwego, Licencjodawca zobowiązuje się do niewykonywania tego prawa.

4. Ograniczenia. Uprawnienia przyznane w Paragrafie 3 podlegają następującym ograniczeniom:

  1. Licencjobiorca może Rozpowszechniać lub Publicznie Wykonywać Utwór jedynie zgodnie z postanowieniami niniejszej Licencji oraz pod warunkiem dołączenia kopii niniejszej Licencji lub wskazania wskazania jednolitego identyfikatora zasobu (URI), pod którym znajduje się tekst niniejszej Licencji do każdego egzemplarza Utworu Rozpowszechnianego lub Publicznie Wykonywanego.

    Licencjobiorca nie może oferować ani narzucać żadnych warunków w związku z Utworem, które ograniczają postanowienia niniejszej Licencji lub możliwość korzystającego z Utworu wykonywania uprawnień udzielonych temu korzystającemu zgodnie z postanowieniami niniejszej Licencji.

    Licencjobiorca nie może udzielać sublicencji.

    Licencjobiorca nie może zmieniać lub usuwać oznaczeń Utworu odnoszących się do niniejszej Licencji oraz zawartej w niej klauzuli uchylenia się od odpowiedzialności na żadnym egzemplarzu Utworu Rozpowszechnianym lub Publicznie Wykonywanym.

    Rozpowszechniając lub Publicznie Wykonując Utwór, Licencjobiorca nie ma prawa stosować żadnych skutecznych zabezpieczeń technicznych w stosunku do Utworu, ograniczających możliwość wykonywania praw wynikających z Licencji przez korzystającego z Utworu, który uzyskał Utwór od Licencjobiorcy.

    Niniejszy Paragraf 4(a) stosuje się również do Utworu włączonego do Zbioru, jednak Licencjobiorca nie jest zobowiązany objąć Zbioru postanowieniami niniejszej Licencji.

    W przypadku stworzenia przez Licencjobiorcę Zbioru, na wezwanie któregokolwiek z Licencjodawców Licencjobiorca jest zobowiązany w rozsądnym zakresie usunąć ze Zbioru wszelkie oznaczenia wymagane na podstawie Paragrafu 4(c), wedle wezwania.

    W przypadku stworzenia przez Licencjobiorcę Utworu Zależnego, na wezwanie któregokolwiek z Licencjodawców Licencjobiorca jest zobowiązany w rozsądnym zakresie usunąć z Utworu Zależnego wszelkie oznaczenia wymagane na podstawie Paragrafu 4(c), wedle wezwania.

  2. Licencjobiorca może Rozpowszechniać lub Publicznie Wykonać Utwór Zależny jedynie udzielając do niego licencji takiej samej jak:

    1. niniejsza Licencja;
    2. jakakolwiek późniejsza wersja niniejszej Licencji o tych samych Atrybutach Licencji co niniejsza Licencja;
    3. licencja Creative Commons opracowana dla innego systemu prawnego o tych samych Atrybutach Licencji co niniejsza Licencja (np. Uznanie autorstwa-Na tych samych warunkach 3.0 US) lub licencja Creative Commons w wersji "Unported" o tych samych Atrybutach Licencji co niniejsza Licencja; lub
    4. Licencja Kompatybilna.

    W przypadku udzielenia do Utworu Zależnego Licencji Kompatybilnej, Licencjobiorca jest zobowiązany stosować się do postanowień takiej Licencji Kompatybilnej. W przypadku udzielenia do Utworu Zależnego jednej z licencji wymienionych w pkt. i-iii powyżej ("Licencja Właściwa"), Licencjobiorca jest zobowiązany stosować się do postanowień Licencji Właściwej i do następujących postanowień:

    1. Licencjobiorca jest zobowiązany dołączyć egzemplarz lub URI Licencji Właściwej do każdego egzemplarza Utworu Zależnego który Rozpowszechnia lub Publicznie Wykonuje;
    2. Licencjobiorca nie może oferować lub ustalać jednostronnie warunków korzystania z Utworu Zależnego, które ograniczają postanowienia Licencji Właściwej lub możliwość korzystającego z Utworu Zależnego wykonywania uprawnień udzielonych temu korzystającemu na podstawie Licencji Właściwej;
    3. Licencjobiorca jest zobowiązany zachować w stanie nienaruszonym wszelkie odwołania do Licencji Właściwej oraz do klauzul ograniczenia odpowiedzialności dołączone do każdego egzemplarza Utworu włączonego do Utworu Zależnego, który Licencjobiorca Rozpowszechnia lub Publicznie Wykonuje;
    4. Rozpowszechniając lub Publicznie Wykonując Utwór Zależny, Licencjobiorca nie ma prawa stosować żadnych skutecznych zabezpieczeń technicznych w stosunku do Utworu Zależnego, które ograniczają możliwość korzystającego z Utworu Zależnego uzyskującego Utwór Zależny od Licencjobiorcy wykonywania uprawnień udzielonych temu korzystającemu na podstawie Licencji Właściwej.
    Niniejszy Paragraf 4(b) stosuje się również do Utworu Zależnego włączonego do Zbioru, jednak poza samym Utworem Zależnym, Licencjobiorca nie jest zobowiązany objąć Zbioru postanowieniami Licencji Właściwej.

  3. Rozpowszechniając lub Publicznie Wykonując Utwór lub jakikolwiek Utwór Zależny lub Zbiór, Licencjobiorca jest zobowiązany, o ile nie otrzymał wezwania zgodnie z Paragrafem 4(a), zachować w stanie nienaruszonym wszelkie oznaczenia związane z prawno-autorską ochroną Utworu oraz zapewnić, stosownie do możliwości używanego nośnika lub środka przekazu oznaczenie:

    1. imienia i nazwiska (lub pseudonimu, odpowiednio) Twórcy, jeżeli zostały one dołączone do Utworu, oraz (lub) nazwę innych podmiotów jeżeli Twórca oraz (lub) Licencjodawca wskażą w oznaczeniach związanych z prawno-autorską ochroną Utworu, regulaminach lub w inny rozsądny sposób takie inne podmioty (np. sponsora, wydawcę, czasopismo) celem ich wymienienia ("Osoby Wskazane");
    2. tytułu Utworu, jeżeli został dołączony do Utworu;
    3. w rozsądnym zakresie URI, o ile istnieje, który Licencjodawca wskazał jako związany z Utworem, chyba że taki URI nie odnosi się do oznaczenia związanego z prawno-autorską ochroną Utworu lub do informacji o zasadach licencjonowania Utworu; oraz
    4. z zachowaniem postanowień Paragrafu 3(b), w przypadku Utworu Zależnego, oznaczenie wskazujące na wykorzystanie Utworu w Utworze Zależnym (np. "francuskie tłumaczenie Utworu Twórcy," lub "scenariusz na podstawie Utworu Twórcy").

    Oznaczenia wymagane na podstawie niniejszego Paragrafu 4(c) mogą być wprowadzone w jakikolwiek rozsądny sposób, przy czym w przypadku Utworu Zależnego lub Zbioru przynajmniej w tych wszystkich miejscach, gdzie uwidocznione są oznaczenia odnoszące się do twórców pozostałych części lub wkładów w sposób przynajmniej tak samo widoczny jak te inne oznaczenia, o ile dokonano uwidocznienia oznaczeń wszystkich twórców pozostałych części lub wkładów.

    Dla uniknięcia wątpliwości, Licencjobiorca może wykorzystywać oznaczenia wymagane w niniejszym Paragrafie wyłącznie dla celów wskazania właściwych podmiotów w sposób określony powyżej, a wykonując uprawnienia z niniejszej Licencji, Licencjobiorca nie może w sposób dorozumiany ani wyraźny stwierdzać lub sugerować istnienia powiązania, poparcia lub aprobaty ze strony Twórcy, Licencjodawcy oraz (lub) Osób Wskazanych dla Licencjobiorcy lub sposobu korzystania z Utworu przez Licencjobiorcę, o ile co innego nie wynika z odrębnego zezwolenia Twórcy, Licencjodawcy oraz (lub) Osób Wskazanych wyrażonego na piśmie pod rygorem nieważności.

  4. Dla uniknięcia wątpliwości, ograniczenia, o których mowa w Paragrafach 4(a) do 4(c), nie mają zastosowania do takich Utworów lub ich części, które spełniają definicję Utworu w rozumieniu niniejszej Licencji wyłącznie dlatego, że stanowią bazę danych niespełniającą cech utworu.
  5. Niniejsza licencja nie narusza praw osobistych Twórcy ani Licencjodawcy w zakresie, w jakim prawa te są chronione przez prawo właściwe, a niniejsza Licencja lub odrębne porozumienie zawarte na piśmie pod rygorem nieważności nie stanowi skutecznie inaczej.

5. Oświadczenia, Zapewnienia oraz Wyłączenie odpowiedzialności

JEŻELI STRONY NIE POSTANOWIĄ INACZEJ W ODRĘBNYM POROZUMIENIU SPORZĄDZONYM NA PIŚMIE POD RYGOREM NIEWAŻNOŚCI, LICENCJODAWCA UDOSTĘPNIA UTWÓR W TAKIEJ FORMIE W JAKIEJ ZAPOZNAŁ SIĘ Z NIM LICENCJOBIORCA I W NAJDALEJ IDĄCYM STOPNIU NA JAKI POZWALA PRAWO WŁAŚCIWE NIE SKŁADA ŻADNYCH ZAPEWNIEŃ ORAZ NIE UDZIELA ŻADNYCH GWARANCJI A TAKŻE WYŁĄCZA RĘKOJMIĘ, CZY TO WYRAŹNĄ, DOROZUMIANĄ CZY INNĄ, W SZCZEGÓLNOŚCI DOTYCZĄCYCH TYTUŁU, MOŻLIWOŚCI KORZYSTANIA Z UTWORU ZGODNIE Z JEGO PRZEZNACZENIEM, PRZEZNACZENIA UTWORU DO KONKRETNEGO CELU, CO DO TEGO, ŻE NIE NARUSZA ON PRAW INNYCH OSÓB, BRAKU JAWNYCH LUB UKRYTYCH WAD, DOKŁADNOŚCI, WYSTĘPOWANIA LUB NIEWYSTĘPOWANIA WAD WIDOCZNYCH JAK I UKRYTYCH. PRAWO WŁAŚCIWE MOŻE NIE ZEZWALAĆ NA NIEKTÓRE SPOŚRÓD POWYŻSZYCH WYŁĄCZEŃ, WIĘC MOGĄ ONE NIE MIEĆ ZASTOSOWANIA.

6. Ograniczenie odpowiedzialności

O ILE PRAWO WŁAŚCIWE NIE STANOWI INACZEJ, W ŻADNYM WYPADKU LICENCJODAWCA NIE ODPOWIADA WOBEC LICENCJOBIORCY NA ŻADNEJ PODSTAWIE PRAWNEJ ZA ŻADNE SZCZEGÓLNE, PRZYPADKOWE LUB NASTĘPCZE SZKODY WYNIKAJĄCE Z NINIEJSZEJ LICENCJI LUB WYKORZYSTANIA UTWORU, NAWET JEŻELI LICENCJODAWCA ZOSTAŁ POWIADOMIONY O MOŻLIWOŚCI WYSTĄPIENIA TAKICH SZKÓD.

7. Wygaśnięcie

  1. Licencja automatycznie wygasa w przypadku jakiegokolwiek jej naruszenia przez Licencjobiorcę. W takim przypadku licencje osób, które otrzymały od Licencjobiorcy Utwór Zależny lub Zbiór, nie wygasają, o ile osoby te nie naruszają postanowień tych licencji. Paragrafy 1, 2, 5, 6, 7 oraz 8 pozostają w mocy po wygaśnięciu niniejszej Licencji.
  2. Zgodnie z powyższymi postanowieniami Licencja udzielana jest na czas nieoznaczony (do momentu wygaśnięcia praw autorskich). Niezależnie od tego Licencjodawca zachowuje prawo do udostępnienia Utworu na innych warunkach, lub do zaprzestania udostępniania Utworu, z tym jednak zastrzeżeniem, że taka decyzja Licencjodawcy nie będzie stanowiła wypowiedzenia lub innego rozwiązania niniejszej Licencji (lub też innej licencji udzielonej na podstawie niniejszej Licencji), która raz udzielona Licencjobiorcy w pełnym wymiarze obowiązuje dopóki nie nastąpi jej wygaśnięcie zgodnie z postanowieniem poprzedzającym.

8. Postanowienia różne

  1. Za każdym razem, gdy Licencjobiorca Rozpowszechnia lub Publicznie Wykonuje Utwór lub Zbiór, Licencjodawca oferuje korzystającym licencję na Utwór na takich samych warunkach jakie uzyskał Licencjobiorca na podstawie niniejszej Licencji.
  2. Za każdym razem, gdy Licencjobiorca Rozpowszechnia lub Publicznie Wykonuje Utwór Zależny, Licencjodawca oferuje korzystającym licencję na Utwór oryginalny na takich samych warunkach, jakie uzyskał Licencjobiorca na podstawie niniejszej Licencji.
  3. Jeśli jakiekolwiek postanowienie niniejszej Licencji jest nieważne lub bezskuteczne w świetle obowiązującego prawa, jego nieważność lub bezskuteczność nie wpływa na pozostałe postanowienia Licencji. W przypadku braku dodatkowego porozumienia między stronami, nieważne lub bezskuteczne postanowienie powinno być interpretowane tak, aby zachować jego ważność i skuteczność oraz brzmienie możliwe bliskie brzmieniu pierwotnemu.
  4. Żadnego z postanowień niniejszej Licencji nie uznaje się za uchylone, a żadnego naruszenia nie uznaje się za zaakceptowane, dopóki druga strona, pod rygorem nieważności, nie uzna pisemnie takiego uchylenia lub też nie wyrazi na piśmie następczego zezwolenia na naruszenie.
  5. Niniejsza Licencja zawiera całość postanowień pomiędzy stronami dotyczących udostępnianego na jej podstawie Utworu. Wszystkie nie ujęte w tej Licencji postanowienia, porozumienia lub oświadczenia dotyczące Utworu uznaje się za nieistniejące. Licencjodawcy nie wiążą żadne dodatkowe postanowienia podane mu do wiadomości przez Licencjobiorcę w jakikolwiek sposób. Wszelkie zmiany Licencji wymagają umowy pomiędzy Licencjodawcą a Licencjobiorcą wyrażonej na piśmie pod rygorem nieważności.
  6. Ten punkt został pominięty.
  7. Wyrażenia użyte w niniejszej Licencji należy rozumieć zgodnie z Ustawą z 4 lutego 1994 r. o prawie autorskim i prawach pokrewnych (Dz. U. z 2000 r. Nr 80, poz. 904 t. jedn. z późn. zm.) oraz zgodnie z Ustawą z 27 lipca 2001 o ochronie baz danych (Dz. U. z 2001 r. Nr 128 poz. 1402 z późn. zm.), o ile prawem właściwym jest prawo polskie. W żadnym przypadku zakres niniejszej Licencji nie może być szerszy niż zakres odpowiedniego prawa wyłącznego określony zgodnie z przepisami prawa właściwego.

Ważne informacje o Creative Commons

Creative Commons nie jest stroną niniejszej Licencji i nie udziela żadnych gwarancji co do Utworu. Creative Commons nie ponosi odpowiedzialności kontraktowej ani deliktowej wobec Licencjobiorcy lub innej strony umowy, za żadne szkody, w szczególności bez ograniczeń za szkody specjalne, przypadkowe lub następcze związane z niniejszą Licencją. Powyższe dwa zdania nie znajdują zastosowania, jeżeli Creative Commons wskazało się samo wyraźnie jako Licencjodawca w niniejszej Licencji, gdyż Creative Commons przysługują wówczas wszystkie uprawnienia i obowiązki Licencjodawcy.

Z wyjątkiem ograniczonego celu jakim jest publiczne wskazanie, że Utwór został licencjonowany na podstawie niniejszej Licencji, Creative Commons nie wyraża zgody na korzystanie przez strony ze znaku towarowego „Creative Commons”, ani żadnego innego związanego znaku towarowego, ani logo Creative Commons bez uprzedniej pisemnej zgody Creative Commons. Każde wykorzystanie, za zezwoleniem, musi być zgodne z aktualnymi wskazówkami korzystania ze znaku towarowego Creative Commons, jakie są publikowane na jego stronie internetowej lub w inny sposób regularnie udostępniane na wniosek. W celu uniknięcia wątpliwości niniejsze zastrzeżenie co do znaku towarowego nie jest częścią niniejszej Licencji.

Z Creative Commons można skontaktować się pod adresem https://creativecommons.org/.

#####EOF##### Share your work - Creative Commons
Creative Commons > Share your work

Share your work

Use Creative Commons tools to help share your work. Our free, easy-to-use copyright licenses provide a simple, standardized way to give your permission to share and use your creative work— on conditions of your choice. You can adopt one of our licenses by sharing on a platform, or choosing a license below.

Choose a license

This chooser helps you determine which Creative Commons License is right for you in a few easy steps. If you are new to Creative Commons, you may also want to read Licensing Considerations before you get started.

Get Started

 

Share your work on a Creative Commons platform

We work with platforms like Wikipedia, Flickr, and Vimeo to provide their users with the option of licensing works with CC licenses. Through these platforms, over 1.4 billion works have been shared and counting!

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What our licenses do

Our licenses enable collaboration, growth, and generosity in a variety of media.

#####EOF##### Creative Commons — Attribution 4.0 International — CC BY 4.0
This page is available in the following languages: Languages
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Creative Commons License Deed

Attribution 4.0 International (CC BY 4.0)

This is a human-readable summary of (and not a substitute for) the license. Disclaimer.

You are free to:

  • Adapt — remix, transform, and build upon the material
  • for any purpose, even commercially.
  • The licensor cannot revoke these freedoms as long as you follow the license terms.

Under the following terms:

  • Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.

  • No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.

Notices:

  • You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.
  • No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
#####EOF##### License Versions - Creative Commons

License Versions

From Creative Commons
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This page identifies the principal improvements to the Creative Commons license suite since the publication of the first licenses (version 1.0) in December 2002, through the current version 4.0, published November 2013. It also highlights important similarities and differences among the major license versions. For more information on using CC tools or works offered under Creative Commons licenses, consult the Frequently Asked Questions page. For a further historical perspective, you are invited to review deprecated CC legal tools identified on the retired legal tools page.

Please note that the summaries below may not reflect all changes between license versions or fully or accurately describe the differences between them. CC cannot provide legal advice, and what follows is not legal advice. What follows below is a general description of differences and similarities between the license versions, for general informational purposes only. Consult your own attorney if you are in need of legal advice.

Contents

License Versioning History

The chart below presents the major license versions, launch dates, and blog posts announcing major public comment periods, the launch of each license suite, and improvements. It does not reference the unfinished version 3.x (3.01 or 3.5) licenses, which did not include active public consultation and were never published. Version 4.0 is the premier, recommended Creative Commons license suite.

License version [1] Release date Calls for public comment Launch announcement Explanation of changes from prior version
1.0 2002 Dec 16 Creative Commons Unveils Machine-Readable Copyright Licenses
2.0 2004 May 25 Versioning -- Public Review Begins Announcing (and explaining) our new 2.0 licenses Announcing (and explaining) our new 2.0 licenses
2.5 2005 June Tweaking CC's Standard Attribution Language -- An Invitation to Comment Comments Period Drawing to a close for Draft License Version 2.5
3.0 2007 Feb 23 Version 3.0 -- Public Discussion Launched Version 3.0 Launched Creative Commons Version 3.0 Licenses -- A Brief Explanation
4.0 2013 Nov 25 CC’s Next Generation Licenses — Welcome Version 4.0!
  1. ↑ Note that CC released a version 2.1 suite for jurisdictions like Spain, Australia, and Japan, whose localized ports of the 2.0 suite contained errors.

International License Development Process

Creative Commons develops, releases, and updates its public copyright licenses (and other legal tools) via an open and inclusive process of engagement with Creative Commons’ global network of attorneys and affiliates, as well as varied communities and constituents. The process culminates in the publication of the preferred, most up-to-date set of CC licenses for use around the world. Creative Commons released its latest version of the licenses in November 2013, the 4.0 international licenses.

The public license development process includes the publication of drafts, formal comment periods, and transparent decision-making. In recognition of its stewardship role, CC has also made public commitments about the development of its ShareAlike licenses: the Statement of Intent for Attribution-ShareAlike licenses following the publication of 3.0. After publication of 4.0, Creative Commons posted for public comment a continuation of that statement, but that has not been finalized for lack of demonstrated need or interest of the community.

While each version of licenses is drafted to conform with copyright law, the version 4.0 license suite includes significant improvements to ensure the licenses operate well internationally. Through extensive consultation with our global network of legal affiliates, the 4.0 international license suite is designed for use in jurisdictions around the world, without the need for localization beyond translation. CC has an established a policy for official translations of the 4.0 licenses as well as other legal tools.

Prior to version 4.0, Creative Commons granted permission to legal experts around the world to adapt (or “port”) the licenses where necessary to more fully align the text with the laws of different legal jurisdictions, and to translate the licenses to the local language(s). For the 4.0 suite, every effort has been made to avoid the need to port (though we will support official language translations). CC may consider requests to port the 4.0 suite in 2014, but only where a compelling need is demonstrated. If CC decides to consider requests, in no case will CC grant permission if the basis for doing so is to include a choice of law or if the change presented would otherwise alter the basic operation of the licenses. CC will post more information on the topic of porting in Q2 of 2014.

License Suite Versions

The chart below and linked explanations that follow detail some of the improvements and important similarities among Creative Commons license versions. Some of the explanations contain links to further information on the topic.

General license features

License Suite Version 1.0 2.0 2.5 3.0 4.0
All international (unported/generic) and ported licenses
Nomenclature (for unported licenses) Generic license Generic license Generic license International (unported) license International license
License scope (beyond copyright)
Express permission granted under sui generis database rights No No No EU ports only Yes
License conditions apply to sui generis database rights No Few ports only Few ports only No Yes
Treatment of moral rights Not addressed Not addressed Not addressed Varied Waived/not asserted
Trademark and patent explicitly reserved No No No No Yes
Other license features
Representations and warranties from licensor included Yes No No No No
Licensor expressly waives rights to enforce, and grants permission to circumvent, technological protection measures No No No No Yes
Automatic reinstatement after termination if violations corrected No No No No Yes, if corrected within 30 days
Express reservation of right by collecting society to collect royalty Not addressed Expressly waived where possible Expressly waived where possible Expressly waived where possible Expressly waived where possible
Element-specific features
Compatibility mechanism in BY-SA licenses same license only same license, later versions, or ports same license, later versions, or ports same license, later versions, ports, or CC-designated compatible licenses same license, later versions, CC-designated compatible licenses (including designated ports)
Compatibility mechanism in BY-NC-SA licenses No No No No Yes
Adaptations of SA material usable under conditions of adapter's license Yes (because adapter's license had to be same license) No No No Yes
Adaptations of NoDerivatives material permitted when not shared No No No No Yes

Attribution-specific elements

License Suite Version 1.0 2.0 2.5 3.0 4.0
Attribution reasonable to means, medium, and context Medium and means, with exceptions Medium and means, with exceptions Medium and means, with exceptions Medium and means, with exceptions Explicit
Reasonableness applies to all attribution requirements All but license notices All but license notices All but license notices All but license and copyright notices All
Licensors may name other attribution parties Implied Implied Implied Explicit Explicit
Licensors may request removal of attribution Adaptations and collections only Adaptations and collections only Adaptations and collections only Adaptations and collections only Always
Title of work required Yes Yes Yes Yes No
URI required No If contains copyright notice or licensing information If contains copyright notice or licensing information If contains copyright notice or licensing information Yes
"No endorsement" clause included No No No Yes Yes
Modifications must be indicated No No No Yes, but only adaptations Yes

Detailed attribution comparison chart

1.0 2.0 3.0 4.0
Author if supplied Author if supplied Author if supplied and attribution parties if designated in copyright notice, TOS, or other reasonable means Creator if supplied and attribution parties if designated in reasonable manner
Copyright notices if supplied Copyright notices if supplied Copyright notices if supplied Copyright notice if supplied
Title if supplied Title if supplied Title if supplied N/A
Notices that refer to Public License and the disclaimer of warranties if supplied Notices that refer to Public License and the disclaimer of warranties if supplied Notices that refer to Public License and the disclaimer of warranties if supplied Notice that refers to Public License and notice that refers to the disclaimer of warranties if supplied
N/A To the extent practicable, URI licensor specifies to be associated with the work (but only if references copyright notice or licensing info) To the extent practicable, URI licensor specifies to be associated with the work (but only if references copyright notice or licensing info) To the extent practicable, URI or link to the material if supplied
If adaptation, credit indicating Work has been used If adaptation, credit indicating Work has been used If adaptation, credit indicating Work has been used and reasonable steps taken to identify that changes were made to the original Indicate if you modified the material; retain an indication of previous modifications
Text/URI for Public License Text/URI for Public License Text/URI for Public License Indicate the material is available under Public License and include text/URI/link
If collection or adaptation, remove reference to author and licensor upon request to the extent practicable If collection or adaptation, remove reference to author and licensor upon request to the extent practicable If collection or adaptation, remove reference to author and licensor upon request to the extent practicable Remove attribution information upon request to the extent reasonably practicable
Copyright notice, author, title, credit noting use of original in adaptation – all may be implemented in any reasonable manner, so long as at least as prominent as other authorship credit if an adaptation or collection Copyright notice, author, title, URI, credit noting use of original in adaptation – all may be implemented in any reasonable manner, so long as at least as prominent as other authorship credit if an adaptation or collection Author, title, URI, credit noting use of original in adaptation -- all reasonable to medium and means All reasonable to medium, means, and context


Features remaining unchanged

License Features

Nomenclature (for international licenses)

The 4.0 licenses are referred to as "international."

Version 3.0 licenses were referred to as "unported" licenses until 2010, at which point they were re-branded as the "international" licenses. At that point, CC added a global flag to the licenses and deeds and changed the reference in the Chooser (among other things). In the 1.0, 2.0, and 2.5 versions, the international licenses were called the “generic” licenses. The generic licenses were drafted to conform with U.S. copyright law.

Starting with version 3.0, Creative Commons drafted its core suite of licenses to conform to relevant international treaties and drafting conventions. In this sense, version 3.0 and the current 4.0 international license suites are jurisdiction-agnostic: these licenses do not mention and are not drafted against any particular jurisdiction's laws or statutes. They are intended to function without adjustment in all jurisdictions around the world.

License scope (beyond copyright)

Sui generis database rights

The 4.0 international suite licenses database rights along with copyright. Where the use of a database under a CC license implicates sui generis database rights, whether or not copyright is implicated, that use is subject to the terms and conditions of the license. If sui generis rights are not implicated—for example, if the use is in a jurisdiction where these rights do not exist, or if the database is not protected by the laws of a jurisdiction where such rights exist— such uses are not regulated by the license if copyright or neighboring rights do not apply. A few early (2.0, 2.5) European jurisdiction license ports also licensed database rights subject to the terms and conditions of the license.

In 3.0, the international (unported) license suite does not mention sui generis rights. However, ported 3.0 licenses for jurisdictions where those rights exist address them according to CC's 3.0 database rights policy. Under this policy, version 3.0 EU jurisdiction ports must license sui generis rights subject to the terms and conditions of the license just like copyright and neighboring rights, but also must waive license restrictions and conditions (attribution, ShareAlike, etc) for uses triggering database rights—so that if the use of a database published under a CC license implicated only database rights but not copyright, the CC license requirements and prohibitions would not apply to that use. The license conditions and restrictions, however, continue to apply to all uses triggering copyright. Other ports and the 3.0 international license are silent on sui generis database rights: databases and data are licensed (i.e., subject to restrictions detailed in the license) to the extent copyrightable, and if data in the database or the database itself are not copyrightable the license restrictions do not apply to those parts (though they still apply to the remainder). Thus, regardless of the CC 3.0 license at play (unported, an EU port, another port), uses that implicate only database rights will not trigger the license conditions, while uses that implicate copyright will.

Neither the international nor the ported licenses that address database rights export the sui generis rights to jurisdictions where such rights are not recognized (the ported licenses accomplish this as well through inclusion of a territoriality limitation). This avoids the imposition of restrictions based on sui generis rights via contract where those rights are not enforceable or recognized. You may compare how different jurisdictions implemented this section of the license.

Treatment of moral rights

In version 4.0, moral rights are waived to the limited extent necessary to exercise the licensed rights.

While the existence and extent of moral rights differ by jurisdiction, the most consistently present rights are those of attribution and integrity (the right to prevent or halt the prejudicial use of one’s work by another). The 1.0, 2.0, and 2.5 licenses were drafted to conform to U.S. law, and because U.S. law recognizes moral rights in only very limited circumstances, the generic versions of those licenses suites do not address moral rights of authors.

The international licenses began to address moral rights in version 3.0. In version 4.0, moral rights are waived or not asserted to the extent possible under local law, to the limited extent they would otherwise interfere with exercise of the licensed rights. This avoids establishing moral rights through the license where they would not otherwise exist, but recognizes that there are jurisdictions where this limited waiver is not possible. The attribution requirements in Section 3 of the 4.0 licenses may satisfy many jurisdictions' right of attribution; however, they are a requirement of the license regardless of whether moral rights apply to a use.

In the 3.0 license suite, CC addressed moral rights in the international (unported) licenses. CC did not include a waiver of those rights in the international licenses. Instead, the licenses specifically instruct users that they “must not distort, mutilate, modify or take other derogatory action in relation to the Work which would be prejudicial to the Original Author's honor or reputation.” The only exception is where the right to make adaptations would be considered prejudicial to the author's honor and reputation, in which case the licensor waives or agrees not to assert their moral right in order to allow adaptations to be made. The attribution requirement is designed in part to satisfy the right of attribution. In the porting process, some jurisdictions slightly adjusted this provision, with CC’s permission, to specify that moral rights are waived to the extent necessary to effect the license to the degree a waiver is possible under applicable law. You may compare how different jurisdictions implemented this section of the license.

Trademark and patent explicitly not licensed

In the 4.0 licenses, trademark and patent rights are expressly mentioned as not among the rights licensed.

No CC license version licenses patent and trademark rights along with copyright. These rights are treated separately and are not covered by the license. In 4.0, this was made explicit to avoid confusion. However, in all license versions, implied licenses may come into play where these rights would interfere with exercise of the rights granted by the CC license.

Attribution and marking

Attribution reasonable to means, medium, and context

In 4.0, the manner of attribution is explicitly allowed to be reasonable to the means, medium, and context of how one shares a work.

In the 1.0, 2.0, 2.5, and 3.0 licenses, attribution may be reasonable to the medium or means, and applied to all elements other than certain notices where the requirement is firm. In 4.0, this explicit permission applies to the medium, means, and context of use. We believe this to be a clarification rather than a change: attribution reasonable to the means, medium, and context of use should be permissible for works under any CC license. Additionally, the pre-4.0 licenses specified that credit in adaptations and collections should be at least as prominent as credits for other authors; 4.0 is not specific in this regard.

Reasonableness applies to all attribution requirements

In 4.0, all attribution requirements may be fulfilled reasonable to the means, medium, and context of the use.

In earlier license versions, compliance reasonable to means and medium of use was not expressly permitted for all elements, as certain notices were excluded; however, in 4.0 these are included in the elements that may be fulfilled in a reasonable manner.

Credit to others explicit

In 4.0, proper attribution requires credit to designated others where supplied by the licensor.

In the 1.0 and 2.0 licenses, CC licenses contemplated crediting the author only. Versions 2.5 and 3.0 allow licensors to identify another party or organization for attribution (called an “Attribution Party” in these licenses). This feature was introduced in part to alleviate burdensome or difficult attribution situations, such as when many people contribute to a collaborative effort and agree to be credited as a collective body. In licenses with this feature, licensors may designate another party for attribution purposes—such as a sponsor institute, publishing entity or journal—in addition to or instead of the author. You may review some of the concerns raised when CC proposed this change.

Licensors may request removal of attribution

In the 4.0 licenses, a user must remove attribution from a work at the creator's request to the extent it is reasonably practicable to do so. This is true whether the work is modified or unmodified.

All license versions after version 1.0 require attribution. However, legislation in many countries gives authors the right to control the use of their name in association with their works. Therefore, CC licenses require licensees to remove attribution to the creator at his or her request, where it would otherwise be required to include it. In 2.0, 2.5, and 3.0, credit must be removed from adaptations and collections, to the extent practicable, at the creator’s request. In 4.0, the creator may also request removal of credit from the unmodified work.

Title required

The title is not required for proper attribution in the 4.0 licenses. It is required in all earlier versions.

Beginning in version 1.0, one of the requirements for proper attribution was to include the title of the licensed work; this requirement was kept in versions 2.0, 2.5, and 3.0. In Version 4.0, this requirement was eliminated to increase flexibility and ease of compliance, particularly as many works do not have titles. Users are still encouraged to include titles where supplied.

URI required

For 4.0 licensed materials, a URI is required for proper attribution, if it is reasonably practicable to include.

The version 1.0 licenses contained no URI requirement. In version 2.0, CC introduced the requirement to retain a URI associated with a licensed work for proper attribution if it contains copyright notices or licensing information; this was kept through 2.5 and 3.0. In version 4.0, CC reconsidered this requirement. However, it was retained based on feedback from current and potential adopters that it is important for provenance, branding, and other reasons; a URI associated with the work is required as part of attribution if reasonably practicable to retain, regardless of whether it contains copyright notices or licensing information.

"No endorsement" clause included

In version 4.0, the license is clear that it should not be construed as giving permission to suggest the licensor endorses their use and similar.

In some jurisdictions, wrongfully implying that an author, publisher, or anyone else endorses a particular use of a work may be unlawful. Though not explicitly mentioned in the 1.0, 2.0, or 2.5 licenses, this has always been the case. The version 3.0 licenses contain an express no endorsement clause. In version 4.0, this clause is expressed as a limitation on the rights granted by the licensor.

Modifications and adaptations must be indicated

In the 4.0 license suite, licensees are required to indicate if they made modifications to the licensed material. This obligation applies whether or not the modifications produced adapted material. As with all other attribution and marking requirements, this may be done in a manner reasonable to the means, medium, and context. For example, "This section is an excerpt of the original." For trivial modifications, such as correcting spelling errors, it may be reasonable to omit the notice.

In the 3.0 suite, the obligation to indicate if modifications have been made applies if they result in the creation of an adaptation (when allowed by the license). Versions 1.0, 2.0, and 2.5 do not contain this requirement directly; however, the requirement in those licenses that the original work be credited if used in an adaptation (e.g., "French translation of the Work by Original Author") is some indication that the work has been modified. Even when not required, licensees are encouraged to indicate the material has been modified, and ideally (when reasonable) to describe or specify the changes made.

Other license features

Representations and warranties from licensor included

In version 4.0, the licensor does not provide representations and warranties regarding the licensed content.

In the 1.0 license suite, the licensor extends warranties—for instance, that the work does not infringe the work of another. These warranties were eliminated in all subsequent license versions. Versions 2.0, 2.5, 3.0 and 4.0 explicitly offer the work “AS IS” and disclaim all liabilities to the extent allowable by law. In 4.0, an interpretation clause was added to help ensure that the disclaimer would be interpreted as intended given variations in local law. Of course, licensors may continue to offer warranties and specialized disclaimers separately from the license.

Some ports of 3.0 include warranties where they may not be disclaimed under local law. You may compare how different jurisdictions implemented this section of the license.

Licensor expressly waives rights to enforce, and grants permission to circumvent, technological protection measures

Version 4.0 includes an explicit waiver of, or agreement not to assert, any right licensor may otherwise have to enforce anti-circumvention of any effective technological measures applied to licensed material. CC licensors may apply such measures to their own licensed material, but the 4.0 licenses ensure that, to the extent possible, users are able to exercise the licensed rights when applied by or with the permission of the licensor. To reinforce this, the version 4.0 licenses also expressly grant permission to circumvent those measures.

It is always possible for a licensor to upload his or her own work to a platform that applies technological protection measures, even though the licensor chooses to use a CC license. The permission for a third-party platform to apply ETMs is separate from the CC license, and the CC license cannot restrict that additional permission because CC licenses are nonexclusive. In many jurisdictions, that third party may be able to enforce ETMs through civil or criminal anti-circumvention laws even though the licensor has waived or agreed not to assert any such right under the CC license. Licensees should make themselves aware of any legal limits on their ability to circumvent ETMs in advance of doing so.

In versions 1.0, 2.0, 2.5, and 3.0, the waiver of any right to enforce and the permission to circumvent are not express; however, this does not preclude any implied right to do so that may exist.

Automatic restoration of rights after termination if license violations corrected

In version 4.0, licensees may regain their rights to use licensed material after the license terminates by correcting a license violation within 30 days of discovering it.

In all license versions, a breach of the license terms results in automatic termination. Under versions 1.0, 2.0, 2.5, and 3.0, express permission from the licensor is required for licensees to regain their rights to use the work. In version 4.0, a new provision allows the rights to be automatically reinstated without express permission from the licensor, provided that the violation is corrected within 30 days of its discovery. This is similar to provisions in a handful of other public licenses.

In all versions, a licensor may of course reinstate permissions at any time.

Collecting societies regimes addressed

Under 4.0, licensors waive any right to collect royalties under collecting society schemes if they have chosen licenses permitting commercial uses. A licensor may collect royalties for commercial uses for works under the NonCommercial licenses.

Many users of Creative Commons licenses are members of collective rights societies like ASCAP, BMI, BUMA/STEMRA, and others that manage copyright on behalf of owners. Every license version from the 2.0 suite onward contains clauses that account for the existence of those arrangements. They provide, for instance, that for works offered under a NonCommercial license, the licensor retains the right to collect royalties for commercial uses of the work. The structure of the provisions in the 2.0 and 2.5 licenses differs from that in the version 3.0 and 4.0 licenses. The 2.x licenses specifically regulate music, sound recordings, and webcasting. As those licenses were ported to different jurisdictions, those provisions were adjusted to conform to the local collecting society situation.

The version 3.0 licenses and later employ a broad, harmonized strategy to collective rights societies. This strategy still allows jurisdictions to adopt an approach that best aligns with local law and society structure in the 3.0 licenses, but also ensures that the approach is implemented consistently across jurisdictions. In the international license, as regards compulsory royalty collection, the licensor reserves any right they have to collect those royalties in jurisdictions in which collection cannot be waived. In those jurisdictions in which compulsory royalty collection can be waived, the right to collect royalties is waived completely for those licenses that permit commercial use, and is reserved for commercial uses in those licenses that permit NonCommercial use only. For voluntary royalty schema, the licensor reserves the right to collect royalties for commercial uses in those licenses that permit NonCommercial use only, and waives the right to collect such royalties for licenses permitting commercial use. This clause covers both individual royalty collection and, in the event that the licensor is a member of a collecting society that collects such royalties, collection via such societies to the extent permitted by law. Some ports of the version 3.0 licenses include only those clauses that address the particular situation in the jurisdiction. Others have adopted all the language from the international license in hopes of international harmonization, or out of concern that their jurisdiction’s regime may change. You may compare how different jurisdictions implemented this section of the license.

License-specific features

Compatibility mechanism in BY-SA licenses

Under the 4.0 licenses, licensees may use licenses designated by CC as compatible for their contributions to adapted material.

The ShareAlike licenses require that licensees make their contributions to adapted material available under the same terms and conditions, or, where the license allows, under a license designated by CC as compatible. The version 1.0 ShareAlike licenses require that adaptations be made under exactly the same license as applied to the original work. Starting with the release of the 2.x license suites, CC expanded compatibility by allowing contributions to adapted material to be created under the same or later version of the original license, including other ported versions of the same or later version of the license. The 3.0 Attribution-ShareAlike goes one step further, by allowing those contributions to be licensed under under a “Creative Commons Compatible License,” defined to mean licenses approved by CC as essentially equivalent to the 3.0 Attribution-ShareAlike license.

To date, CC has not approved any other licenses as compatible. However, CC will develop a compatibility process shortly following launch of the 4.0 licenses, and begin evaluating other licenses. You can view the list of compatible licenses, and a post about the upcoming compatibility process. You may also want to review CC’s statement of intent for the Attribution-ShareAlike licenses, and a draft statement that sets out further principles for the ShareAlike licenses.

Compatibility mechanism in BY-NC-SA licenses

In the 4.0 licenses, the same compatibility mechanism is present in the BY-NC-SA license as in BY-SA. Adapted material may be licensed under BY-NC-SA, version 4.0 or later, or any license CC has designated as compatible. To date, CC has not identified any other licenses as compatible; the process and criteria will be maintained on the compatibility page. There is no compatibility mechanism in the 1.0, 2.0, 2.5, or 3.0 versions of BY-NC-SA.

Adapted material usable under conditions of adapter's license

In version 4.0, CC added a provision in the ShareAlike licenses that enables downstream licensees to refer only to the adapter’s license when using adapted material that contains the copyrightable contributions of multiple authors. This feature is designed to minimize complexity for reusers where they are using a later version of the ShareAlike license or a compatible license as their adapter's license. In 4.0, users need only refer to a single set of conditions contained in the last license applied to reuse adapted material, rather than parsing the conditions of the original and other adapter's licenses (to the extent the licenses differ).

In all cases, the licenses stack (the later license does not supplant all previously-applied licenses) when adapted material is created. In particular, the license originally applied to the material being remixed continues to apply once remixed, however permission is given in 4.0 for licensees to meet the conditions of the 4.0 license with reference to those in the adapter's license.

Prior to the 4.0 versioning process, CC had not always been clear that the ShareAlike licenses stacked just as they stack for the BY and BY-NC licenses, and reasonable minds do differ on this point. CC believes, however, that this is the best reading of its all of its licenses that permit adaptations prior to 4.0 and, now, has made that explicit in version 4.0.

Adaptations of NoDerivatives material permitted when not shared

In Version 4.0, licensees are granted permission to create adaptations of material licensed under one of the NoDerivatives licenses, but not permission to share the adaptations publicly.

In general, private personal use does not require the permission of the licensor and, therefore, does not require that the conditions of the CC license be followed. In 4.0, NoDerivatives is a partial rather than an absolute limitation on the rights granted. It does not restrict the production of adaptations (an exclusive right of creators under copyright), but it does prohibit the public sharing of those adaptations (also an exclusive right of creators under copyright). This change enables private activities that may result in the creation of adaptations whether intentionally or unintentionally, such as adaptations made in the course or as a result of text and data mining.

The creation of adaptations in connection with those and other activities are not permitted under the 3.0 and earlier versions absent an applicable exception or limitation.

Features remaining unchanged across license versions

Attribution required

All of the CC licenses require attribution where "BY" is a license element, which is all but five of the eleven version 1.0 licenses.The required mode of attribution differs slightly among the versions, and is progressively more flexible with each version. The version 1.0 suite is unique because it contains five CC licenses that do not require attribution. All subsequent license suites make attribution a standard requirement, though the licensor may request removal in certain circumstances. It is also possible under all license versions for a licensor to release works anonymously, and to waive the requirement by not providing authorship information. Where an element of attribution information is not provided by the licensor, the licensee is not required to provide it.

Definition of "NonCommercial"

While the Creative Commons licenses have evolved over time, the scope of permitted uses under the NonCommercial licenses has remained unchanged across all license suites. (In 4.0, there was a small adjustment to the wording of the definition which was not intended to change its scope.) The NonCommercial clause prohibits the exercise of rights granted under the NonCommercial licenses “in any manner that is primarily intended for or directed toward commercial advantage or monetary compensation.” In 2008, Creative Commons conducted a study on the meaning of NonCommercial in the online environment.

During the 4.0 process, CC took another look at the role of these licenses in general as well as the NonCommercial definition, and considered a name change to "Commercial Rights Reserved". The ultimate decision was to leave unchanged the license name and definition.

Application of effective technological measures by users of CC-licensed works prohibited

All CC license versions prohibit licensees (as opposed to licensors) from using effective technological measures such as “digital rights management” software to restrict the ability of those who receive a CC-licensed work to exercise rights granted under the license. To be clear, encryption or an access limitation is not necessarily a technical protection measure prohibited by the licenses. For example, content sent via email and encrypted with the recipient's public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a set of users (e.g., with a username and password) does not restrict use of the work by the recipients. In the cases above, encryption or an access limitation does not violate the prohibition on technological measures because the recipient is not prevented from exercising all rights granted by the license (including rights of further redistribution).

This treatment was re-evaluated during the public process leading to release of the version 3.0 license suite. CC considered arguments in favor of such measures, coupled with an obligation of parallel distribution; these arguments were also reconsidered during the 4.0 process. However, in both versioning processes, those arguments were ultimately rejected.

Note that in 4.0, CC introduced a definition of Effective Technological Measures. This definition is not intended to change the scope of what is and is not allowed, but instead provide long-needed clarification over the scope of the prohibition.

Exceptions and limitations unaffected

All CC licenses only govern uses that would otherwise be restricted by copyright and other closely related rights as provided in the licenses. If a use is not regulated by virtue of an applicable exception or limitation, the license does not apply and there is no need to follow the license conditions. The licenses do not create obligations where they would not otherwise exist.

Effective for all copyrightable material

All Creative Commons license versions may be used with all copyrightable works (though CC recommends against using its licenses for computer software). Such works include compilations of data that exhibit the requisite level of creativity for copyright protection under applicable law. Thus, to the extent compilations of data are protected by copyright, Creative Commons licenses are suitable licenses for granting permission to exercise that right. For the avoidance of doubt, version 3.0 and 4.0 licenses explicitly identify compilations as material that may be licensed.

Note that sui generis database rights (existing separately from any copyright) are not explicitly licensed in the international suite until version 4.0.

Notices must be retained

The CC licenses all require users to retain a copyright notice, a notice of the disclaimers of warranties, and a license notice if supplied with the licensed material.

Synching creates adaptations

In all license versions, synching CC-licensed audio in timed relation with a video to create an audiovisual work creates an adaptation of that audio work for purposes of the license, regardless of whether the new work would be considered an adaptation under the relevant copyright law. This means, for example, that the requirements of ShareAlike are triggered if the audio work is licensed under a ShareAlike license, and that such works may be made but not shared if licensed under a NoDerivatives license as of version 4.0.

No sublicensing

None of the Creative Commons licenses grant permission to sublicense the licensed material. All of the licenses are direct licenses from the original licensor to all recipients. All permissions granted come directly from the original licensor, creating a direct relationship for enforcement and other purposes between the original licensor and all recipients.

Licensing of collections

Including a CC-licensed work in a collection (a work comprised of separate and independent works) is permitted by all CC licenses. However the collective work as a whole is licensed, the license on the collection does not affect the CC license applied to the work.

In 4.0, reference to distribution in a collection was removed from the license as unnecessary. There is no change from previous versions, however.

Licensing of contributions to BY and BY-NC adaptations

The 4.0 licenses make clear for the first time how contributions to adaptations of BY and BY-NC works may be licensed. Specifically, an adapting licensee may apply any license to her contributions provided that license does not prevent users of the adaption from complying with the original license. While new in 4.0, the introduction of this provision is intended as a clarifier only and is not a change from how earlier versions operate.

Licenses

Links to the International (unported) legal code for the six licenses making up the current suite, for each version:

4.0

3.0

2.5

2.0

1.0

Retrieved from "https://wiki.creativecommons.org/index.php?title=License_Versions&oldid=115094"

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#####EOF##### Frequently Asked Questions - Creative Commons
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Frequently Asked Questions

2019-04-02 14:07:11 UTC

These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information.

  • Other CC FAQs: CC0 Public Domain Dedication and Public Domain Mark.
  • “Licensor”, “rights holder”, “owner”, and “creator” may be used interchangeably to refer to the person or entity applying a CC license.
  • Information about the licenses is primarily made with reference to the 4.0 suite, but earlier license versions are mentioned where they differ.
  • Have a question that isn’t answered here? Contact info@creativecommons.org.

Creative Commons does not provide legal advice. This FAQ is for informational purposes and is not a substitute for legal advice. It may not cover important issues that affect you. You should consult with your own lawyer if you have questions.

About CC

What is Creative Commons and what do you do?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. Our legal tools help those who want to encourage reuse of their works by offering them for use under generous, standardized terms; those who want to make creative uses of works; and those who want to benefit from this symbiosis. Our vision is to help others realize the full potential of the internet. CC has affiliates all over the world who help ensure our licenses work internationally and who raise awareness of our work.

Although Creative Commons is best known for its licenses, our work extends beyond just providing copyright licenses. CC offers other legal and technical tools that also facilitate sharing and discovery of creative works, such as CC0, a public domain dedication for rights holders who wish to put their work into the public domain before the expiration of copyright, and the Public Domain Mark, a tool for marking a work that is in the worldwide public domain. Creative Commons licenses and tools were designed specifically to work with the web, which makes content that is offered under their terms easy to search for, discover, and use.

For more information about CC, our main website contains in-depth information about the organization, its staff and board of directors, its history, and its supporters. You can also read CC case studies to learn about some of the inspiring ways CC licenses and tools have been used to share works and support innovative business models. You can find regularly updated information about CC by visiting the blog.

Absolutely not. CC has responded to claims to the contrary. CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

That said, Creative Commons recognizes the need for change in copyright law, and many members of the Creative Commons community are active participants in the copyright reform movement. For more information, see our statement in support of copyright reform.

What does “Some Rights Reserved” mean?

Copyright grants to creators a bundle of exclusive rights over their creative works, which generally include, at a minimum, the right to reproduce, distribute, display, and make adaptations. The phrase “All Rights Reserved” is often used by owners to indicate that they reserve all of the rights granted to them under the law. When copyright expires, the work enters the public domain, and the rights holder can no longer stop others from engaging in those activities under copyright, with the exception of moral rights reserved to creators in some jurisdictions. Creative Commons licenses offer creators a spectrum of choices between retaining all rights and relinquishing all rights (public domain), an approach we call “Some Rights Reserved.”

No. Creative Commons is not a law firm and does not provide legal advice or legal services. CC is similar to a self-help service that offers free, form-based legal documents for others to use. These FAQ answers many of the most common questions. There is also specialized information available on the following pages:

While CC does provide this informational guidance about its licenses and other tools, this information may not apply to your particular situation, and should never be taken as legal advice.

If you’re looking for legal advice about using CC licenses and other tools, we recommend contacting the Creative Commons affiliate in your jurisdiction. CC affiliates are highly connected to the communities of copyright lawyers in their countries. We also offer a list of lawyers and organizations who have identified themselves as willing to provide information to others about CC licensing issues. However, please note that CC does not provide referral services, and does not endorse or recommend any person on that list.

Does Creative Commons collect or track material licensed under a CC license?

No, CC does not collect content or track licensed material. However, CC builds technical tools that help the public search for and use works licensed under our licenses and other legal tools, and many others have built such tools as well. CC Search is one tool developed by CC to help the public discover works offered under Creative Commons licenses on the internet via CC-aware search engines and repositories.

What do the Creative Commons buttons do?

The CC buttons are a shorthand way to convey the basic permissions associated with material offered under CC licenses. Creators and owners who apply CC licenses to their material can download and apply those buttons to communicate to users the permissions granted in advance. When the material is offered online, the buttons should usually link out to the human-readable license deeds (which, in turn, link to the license itself).

May I use the Creative Commons logo and buttons?

You may download high resolution versions of the Creative Commons logos and use them in connection with your work or your website, provided you comply with our policies. Among other things, if you use the logos on a website or on your work, you may not alter the logos in any respect—such as by changing the font, the proportions, or the colors. CC’s buttons, name, and corporate logo (the “CC” in a circle) are trademarks of Creative Commons. You cannot use them in ways not permitted by our policies unless you first receive express, written permission. This means, for example, that you cannot (without our permission) print your own buttons and t-shirts using CC logos, although you can purchase them in CC’s store.

I love Creative Commons. How can I help?

Please support CC by making a donation through our support page. Donations can be handled through PayPal or by credit card. You can also support CC by visiting our store.

CC always welcomes your feedback, which you can provide by emailing . You can also participate in CC’s email discussion lists and share feedback and ideas in one of those forums.

If you are a software developer, sysadmin, or have other technical expertise, please join our developer community and help build the tools that build the commons.

Finally, one of the best ways to support CC is by supporting our causes yourself. Follow our blog to find out about current issues where you can help get involved and spread the word, and advocate for free and open licensing in your own communities.

Why does Creative Commons run an annual fundraising campaign? What is the money used for and where does it go?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, with affiliates all over the world who help ensure our licenses work internationally and raise awareness about our work. Our tools are free, and our reach is wide.

In order to…

  • continue developing our licenses and public domain tools to make sure they are legally and technically up-to-date around the world,
  • help creators implement these tools on websites through best practices and individual assistance,
  • enable CC licensing on major content-sharing platforms,
  • enhance CC-licensed resource search and discovery,
  • advocate for CC licensing and open policies in education, science, and culture, and
  • myriad other activities we’re forgetting to mention, such as all the everyday boring but essential operations that go into running an organization

…we need $ to make it all happen! For more information, please take a look at our Annual Report.

Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. It is essential we have the public’s support because it is the creators and users of CC material who make our tools relevant in this digital age. They depend on the tools and services CC provides through their reuse and remix of the rich, open resources available on Wikipedia, Flickr, SoundCloud, Vimeo, Europeana, MIT OpenCourseWare, the Library of Science, Al Jazeera, and YouTube—just to name a few. Many of these people donate $10, $25, or $50 to CC, to help keep it up and running so we can continue to provide our tools and services for free, as a nonprofit organization. The more people who donate to CC, the more independent it will remain.

General License Information

What are Creative Commons licenses?

Creative Commons licenses provide an easy way to manage the copyright terms that attach automatically to all creative material under copyright. Our licenses allow that material to be shared and reused under terms that are flexible and legally sound. Creative Commons offers a core suite of six copyright licenses. Because there is no single “Creative Commons license,” it is important to identify which of the six licenses you are applying to your material, which of the six licenses has been applied to material that you intend to use, and in both cases the specific version.

All of our licenses require that users provide attribution (BY) to the creator when the material is used and shared. Some licensors choose the BY license, which requires attribution to the creator as the only condition to reuse of the material. The other five licenses combine BY with one or more of three additional license elements: NonCommercial (NC), which prohibits commercial use of the material; NoDerivatives (ND), which prohibits the sharing of adaptations of the material; and ShareAlike (SA), which requires adaptations of the material be released under the same license.

CC licenses may be applied to any type of work, including educational resources, music, photographs, databases, government and public sector information, and many other types of material. The only categories of works for which CC does not recommend its licenses are computer software and hardware. You should also not apply Creative Commons licenses to works that are no longer protected by copyright or are otherwise in the public domain. Instead, for those works in the worldwide public domain, we recommend that you mark them with the Public Domain Mark.

How do CC licenses operate?

CC licenses are operative only when applied to material in which a copyright exists, and even then only when a particular use would otherwise not be permitted by copyright. Note that the latest version of CC licenses also applies to rights similar to copyright, such as neighboring rights and sui generis database rights. Learn more about the scope of the licenses. This means that CC license terms and conditions are not triggered by uses permitted under any applicable exceptions and limitations to copyright, nor do license terms and conditions apply to elements of a licensed work that are in the public domain. This also means that CC licenses do not contractually impose restrictions on uses of a work where there is no underlying copyright. This feature (and others) distinguish CC licenses from some other open licenses like the ODbL and ODC-BY, both of which are intended to impose contractual conditions and restrictions on the reuse of databases in jurisdictions where there is no underlying copyright or sui generis database right.

All CC licenses are non-exclusive: creators and owners can enter into additional, different licensing arrangements for the same material at any time (often referred to as “dual-licensing” or “multi-licensing”). However, CC licenses are not revocable once granted unless there has been a breach, and even then the license is terminated only for the breaching licensee.

There are also videos and comics that offer visual descriptions of how CC licenses work.

Which is the latest version of the licenses offered by Creative Commons?

In November 2013, Creative Commons published the version 4.0 license suite. These licenses are the most up-to-date licenses offered by CC, and are recommended over all prior versions. You can see how the licenses have been improved over time on the license versions page. 4.0 has been drafted to be internationally valid, and will have official translations becoming available after publication.

No. By design, CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions. This is a fundamental principle of CC licensing.

Who gives permission to use material offered under Creative Commons licenses?

Our licenses and legal tools are intended for use by anyone who holds copyright in the material. This is often, but not always, the creator.

Creative Commons offers licenses and tools to the public free of charge and does not require that creators or other rights holders register with CC in order to apply a CC license to a work. This means that CC does not have special knowledge of who uses the licenses and for what purposes, nor does CC have a way to contact creators beyond means generally available to the public. CC has no authority to grant permission on behalf of those persons, nor does CC manage those rights on behalf of others.

If you would like to obtain additional permissions to use the work beyond those granted by the license that has been applied, or if you’re not sure if your intended use is permitted by the license, you should contact the rights holder.

Are Creative Commons licenses enforceable in a court of law?

Creative Commons licenses are drafted to be enforceable around the world, and have been enforced in court in various jurisdictions. To CC’s knowledge, the licenses have never been held unenforceable or invalid.

CC licenses contain a “severability” clause. This allows a court to eliminate any provision determined to be unenforceable, and enforce the remaining provisions of the license.

What happens if someone applies a Creative Commons license to my work without my knowledge or authorization?

CC alerts prospective licensors they need to have all necessary rights before applying a CC license to a work. If that is not the case and someone has marked your work with a CC license without your authorization, you should contact that person and tell them to remove the license from your work. You may also wish to contact a lawyer. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What are the international (“unported”) Creative Commons licenses, and why does CC offer “ported” licenses?

One of CC’s goals is ensuring that all of its legal tools work globally, so that anyone anywhere in the world can share their work on globally standard terms. To this end, CC offers a core suite of six international copyright licenses (formerly called the “unported”) that are drafted based largely on various international treaties governing copyright, taking into account as many jurisdiction-specific legal issues as possible. The latest version (4.0) has been drafted with particular attention to the needs of international enforceability.

For version 3.0 and earlier, Creative Commons has also offered ported versions of its six core licenses for many jurisdictions (which usually correspond to countries, but not always). These ported licenses are based on the international license suite but have been modified to reflect local nuances in the expression of legal terms and conditions, drafting protocols, and language. The ported licenses and the international licenses are all intended to be legally effective everywhere. CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

Can governments and intergovernmental organizations (“IGOs”) use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors’ overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the “machine readable” layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]”; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you’re uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC’s Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC’s legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC’s Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and running pilot programs that allow creators to use CC licenses in some circumstances.

If you are already a member of a collecting society and want to use CC licenses, you are welcome to encourage your collecting society to give you the option of Creative Commons licensing.

Can I still make money from a work I make available under a Creative Commons license?

Yes. One of our goals is to encourage creators and rights holders to experiment with new ways to promote and market their work. There are several possible ways of doing this.

CC’s NonCommercial (NC) licenses allow rights holders to maximize distribution while maintaining control of the commercialization of their works. If you want to reserve the right to commercialize your work, you may do this by choosing a license with the NC condition. If someone else wants to use your work commercially and you have applied an NC license to your work, they must first get your permission. As the rights holder, you may still sell your own work commercially.

You may also use funding models that do not depend on using an NC license. For example, many artists and creators use crowdfunding to fund their work before releasing it under a less restrictive license. Others use a “freemium” model where the basic content is free, but extras such as a physical printed version or special access to a members-only website are for paying customers only.

For more information and ideas, The Power of Open presents case studies of artists, businesspeople, and organizations who use CC.

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

No. CC licenses allow for flexibility in the way credit is provided depending on the medium, means, and context in which a licensee is redistributing licensed material. For example, providing attribution to the creator when using licensed material in a blog post may be different than doing so in a video remix. This flexibility facilitates compliance by licensees and reduces uncertainty about different types of reuse—minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded.

Can I change the license terms or conditions?

Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons” or “CC” license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials. Keep in mind that altering terms and conditions is distinct from waiving existing conditions or granting additional permissions than those in the licenses. Licensors may always do so, and many choose to do so using the CC+ protocol to readily signal the waiver or additional permission on the CC license deed.

CC does not assert copyright in the text of its licenses, so you are permitted to modify the text as long as you do not use the CC marks to describe it. However, we do not recommend this. We also advise against modifying our licenses through indirect means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other material. This would prevent licensees from using, combining, or remixing content under your customized license with other content under the same or compatible CC licenses.

Modifying licenses creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.

Can I waive license terms or conditions?

Yes. You may always choose to waive some license terms or conditions. Material licensed under a CC license but with additional permissions granted or conditions waived may be compatibly licensed with other material under the same license. Our CC+ protocol provides a mechanism for facilitating that grant or waiver.

Can I enter into separate or supplemental agreements with users of my work?

Yes. CC licenses are nonexclusive. Licensors always have the option of entering into separate arrangements for the sharing of their material in addition to applying a CC license. However, those different arrangements are not “CC” or “Creative Commons” licenses.

Separate agreements: You may offer the licensed material under other licenses in addition to the CC license (a practice commonly referred to as “dual licensing”). For example, you may wish to license a video game soundtrack under both a CC license and the GPL, so that it may be used under either set of terms. A reuser may then choose which set of terms to comply with. Or, for example, you may offer your material to the public under a NonCommercial license, but offer commercial permissions to fee-paying customers.

Supplemental agreements: Problems arise when licensors design those terms or arrangements to serve not as separate, alternative licensing arrangements but as supplemental terms having the effect of changing the standard terms within the CC license. While you may offer separate terms and conditions to other parties, you should not do so in such a way that would neutralize terms of the CC license.

Except in the limited situation where more permissions are being granted or license conditions are waived, if the additional arrangement modifies or conflicts with the CC license terms, then the resulting licensing arrangement is no longer a CC licensing arrangement. To avoid confusing those who may mistakenly believe the work is licensed under standard CC terms, we must insist that in these instances licensors not use our trademarks, names, and logos in connection with their custom licensing arrangement.

It should be noted that any agreements you make with other parties only have an effect on the other parties to that agreement, and do not apply to anyone else receiving the licensed material. For example, if there are terms of use that apply to visitors to your website on which you host CC-licensed material, your terms of use may apply to visitors to that website, but not to anyone who receives copies of the CC-licensed material elsewhere. Even for the visitors to your website, any separate terms and conditions do not become part of the license—they remain a separate contractual agreement, and violation of this agreement does not constitute copyright infringement.

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

A CC license terminates automatically when its conditions are violated. For example, if a reuser of CC-licensed material does not provide the attribution required when sharing the work, then the user no longer has the right to continue using the material and may be liable for copyright infringement. The license is terminated for the user who violated the license. However, all other users still have a valid license, so long as they are in compliance.

Under the 4.0 licenses, a licensee automatically gets these rights back if she fixes the violation within 30 days of discovering it.

If you apply a Creative Commons license and a user violates the license conditions, you may opt to contact the person directly to ask them to rectify the situation or consult a lawyer to act on your behalf. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

As long as users abide by license terms and conditions, licensors cannot control how the material is used. However, CC licenses do provide several mechanisms that allow licensors to choose not to be associated with their material or to uses of their material with which they disagree.

First, all CC licenses prohibit using the attribution requirement to suggest that the licensor endorses or supports a particular use. Second, licensors may waive the attribution requirement, choosing not to be identified as the licensor, if they wish. Third, if the licensor does not like how the material has been modified or used, CC licenses require that the licensee remove the attribution information upon request. (In 3.0 and earlier, this is only a requirement for adaptations and collections; in 4.0, this also applies to the unmodified work.) Finally, anyone modifying licensed material must indicate that the original has been modified. This ensures that changes made to the original material–whether or not the licensor approves of them–are not attributed back to the licensor.

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

The use of any effective technical protection measures (such as digital rights management or “DRM”) by licensees to prevent others from exercising the licensed rights is prohibited.

Not all kinds of encryption or access limitations are prohibited by the licenses. For example, sending content via email and encrypting it with the recipient’s public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a particular set of users (for example, by requiring a username and password to enter a site) does not restrict further use of the content by the recipients. In these examples, these things do not prevent the recipient from exercising all of the rights granted by the license, including the right to redistribute it further.

If someone is applying effective technological measures to your CC-licensed material that do restrict exercise of the licensed rights (such as applying DRM that restricts copying), this is a violation of the license terms unless you have chosen to grant this permission separately.

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

No. CC licenses grant permission to use the licensed material in any media or format regardless of the format in which it has been made available. This is true even if you have applied a NoDerivatives license to your work. Once a CC license is applied to a work in one format or medium, a licensee may use the same work in any other format or medium without violating the licensor’s copyright.

What if I change my mind about using a CC license?

CC licenses are not revocable. Once something has been published under a CC license, licensees may continue using it according to the license terms for the duration of applicable copyright and similar rights. As a licensor, you may stop distributing under the CC license at any time, but anyone who has access to a copy of the material may continue to redistribute it under the CC license terms. While you cannot revoke the license, CC licenses do provide a mechanism for licensors to ask that others using their material remove the attribution information. You should think carefully before choosing a Creative Commons license.

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

CC offers six core licenses, each of which grants a different set of permissions. Before you use CC-licensed material, you should review the terms of the particular license to be sure your anticipated use is permitted. If you wish to use the work in a manner that is not permitted by the license, you should contact the rights holder (often the creator) to get permission first, or look for an alternative work that is licensed in a way that permits your anticipated use. Note that if you use material in a way that is not permitted by the applicable license and your use is not otherwise permitted by an applicable copyright exception or limitation, the license is automatically terminated and you may be liable for copyright infringement, even if you are eligible to have your rights reinstated later.

Before using material offered under a Creative Commons license, you should know that CC licenses only grant permissions needed under copyright and similar rights, and there may be additional rights you need to use it as intended. You should also understand that licensors do not offer warranties or guarantees about the material they are licensing unless expressly indicated otherwise. All materials are licensed “AS IS” and a disclaimer of warranties applies unless expressly provided otherwise. If you want to ask for a warranty or guarantee about rights to use the material, you should talk with the licensor before using it.

Does a Creative Commons license give me all the rights I need to use the work?

It depends. CC licenses do not license rights other than copyright and similar rights (which include sui generis database rights in version 4.0). For example, they do not license trademark or patent rights, or the publicity, personality, and privacy rights of third parties. However, licensors agree to waive or not assert any moral rights, publicity rights, personality rights, or privacy rights they themselves hold, to the limited extent necessary to allow exercise of the licensed rights. Any rights outside of the scope of the license may require clearance (i.e., permission) in order to use the work as you would like.

Additionally, creative works sometimes incorporate works owned by others (known as “third party content”), often used pursuant to a CC license or under an exception or limitation to copyright such as fair use in the U.S. You should make sure you have permission to use any third party content contained in the work you want to use, or that your use is otherwise allowed under the laws of your jurisdiction, particularly in cases such as fair use where your right to use the content depends on the particular context in which you plan to use it.

All CC licenses contain a disclaimer of warranties, meaning that the licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work. You may wish to obtain legal advice before using CC-licensed material if you are not sure whether you have all the rights you need.

What if there are sui generis database rights that apply to my use of a CC-licensed database?

In the somewhat limited circumstances where sui generis database rights apply to your use, special conditions apply and there are more specific considerations you should be aware of. Under 4.0, sui generis database rights are licensed alongside copyright, but the treatment in earlier versions of the license varies. A fuller explanation of these variations and related considerations is available in the Data FAQ.

Where can I find material offered under a CC license?

If you are looking for material offered under a Creative Commons license, CC Search is a good starting point. There is also a directory of organizations and individuals who use CC licenses. Some media sites, such as Flickr, have search filters for material licensed using CC’s licenses.

Be sure to confirm that the material you want to use is actually under a CC license, as search results may sometimes be misleading.

Are Creative Commons works really free to use?

Yes. While many if not most CC-licensed works are available at no cost, some licensors charge for initial access to CC-licensed works—for example, by publishing CC-licensed content only to subscribers, or by charging for downloads. However, even if you have paid an access charge, once you have a copy of CC-licensed material, you may make any further uses permitted by the license without paying licensing fees.

(If you wish to make uses that are not permitted by the license—for example, making a commercial use of an NC-licensed photo—the licensor may charge for those additional rights.)

What should I know about differences between the international licenses and the ported licenses?

As a licensee, you should always read and understand the relevant license’s legal code before using CC-licensed material, particularly if you are using material that is licensed using a ported license with which you are unfamiliar. Our porting process involved adapting the international licenses to the legal framework of different jurisdictions, and in that process slight adjustments may have been made that you should make yourself aware of in advance of using the material. You can find more information about the ported licenses in the Jurisdiction Database.

There are currently no ported versions of 4.0, and we expect there will be few, if any, in the future. All official translations of the 4.0 international licenses are equivalent: you may substitute one for another depending on your preferred language.

However, the ported versions of 3.0 and earlier sometimes contain small differences from the international license depending on the ways in which they have been adapted to their jurisdictions. For example, a handful of the ported licenses contain provisions specifying which laws will apply in the event the licensor chooses to enforce the license, and a few of the ported licenses contain forum selection clauses.

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Contact the rights holders to ask for permission. Otherwise, unless an exception or limitation to copyright applies, your use of the material may violate the Creative Commons license. If you violate the terms of the license, your rights to use the material will be automatically terminated, and you may be liable for copyright infringement.

Do I always have to comply with the license terms? If not, what are the exceptions?

You need to comply with the license terms if what you are doing would otherwise require permission from the rights holder. If your use would not require permission from the rights holder because it falls under an exception or limitation, such as fair use, or because the material has come into the public domain, the license does not apply, and you do not need to comply with its terms and conditions. Additionally, if you are using an excerpt small enough to be uncopyrightable, the license does not apply to your use, and you do not need to comply with its terms.

However, if you are using excerpts of CC-licensed material which individually are minimal and do not require license compliance, but together make up a significant copyrightable chunk, you must comply with the license terms. For example, if you quote many individual lines from a poem across several sections of a blog post, and your use is not a fair use, you must comply with the license even though no individual line would have been a substantial enough portion of the work to require this.

Attribution

How do I properly attribute material offered under a Creative Commons license?

All CC licenses require users to attribute the creator of licensed material, unless the creator has waived that requirement, not supplied a name, or asked that her name be removed. Additionally, you must retain a copyright notice, a link to the license (or to the deed), a license notice, a notice about the disclaimer of warranties, and a URI if reasonable. For versions prior to 4.0, you must also provide the title of the work. (Though it is not a requirement in 4.0, it is still recommended if one is supplied.)

You must also indicate if you have modified the work—for example, if you have taken an excerpt, or cropped a photo. (For versions prior to 4.0, this is only required if you have created an adaptation by contributing your own creative material, but it is recommended even when not required.) It is not necessary to note trivial alterations, such as correcting a typo or changing a font size. Finally, you must retain an indication of previous modifications to the work.

CC licenses have a flexible attribution requirement, so there is not necessarily one correct way to provide attribution. The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner. Additionally, you may satisfy the attribution requirement by providing a link to a place where the attribution information may be found.

While the attribution requirements in the license are the minimum requirement, we always recommend that you follow the best practices for the kind of use you are making. For example, if you are using scientific data marked with CC0, you are not required to give attribution at all, but we recommend that you give the same credit you would give to any other source—not because the license requires it, but because that is the standard for letting others know the source of the data.

The CC website offers some best practices to help you attribute properly, and the CC Australia team has developed a helpful guide to attributing CC-licensed material (.pdf) in different formats. Note that the attribution and marking requirements vary slightly among license versions. See here for a chart comparing the specific requirements.

Do I need to be aware of anything else when providing attribution?

Yes. You need to be careful not to imply any sponsorship, endorsement, or connection with the licensor or attribution party without their permission. Wrongfully implying that a creator, publisher, or anyone else endorses you or your use of a work may be unlawful. Creative Commons makes the obligation not to imply endorsement explicit in its licenses. In addition, if the licensor of a work requests that you remove the identifying credit, you must do so to the extent practical.

Additionally, when you are using a work that is an adaptation of one or more pre-existing works, you may need to give credit to the creator(s) of the pre-existing work(s), in addition to giving credit to the creator of the adaptation.

Do I always have to attribute the creator of the licensed material?

You must attribute the creator when you provide material to the public by any means that is restricted by copyright or similar rights. If you are using the material personally but are not making it or any adaptations of it available to others, you do not have to attribute the licensor. Similarly, if you are only distributing the material or adaptations of it within your company or organization, you do not have to comply with the attribution requirement. Learn more about when compliance with the license is not required.

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such.

Can I take a CC-licensed work and use it in a different format?

Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.

This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work.

How do I know if a low-resolution photo and a high-resolution photo are the same work?

As with most copyright questions, it will depend on applicable law. Generally, to be different works under copyright law, there must be expressive or original choices made that make one work a separate and distinct work from another. The determination depends on the standards for copyright in the relevant jurisdiction.

Under U.S. copyright law, for example, mechanical reproduction of a work into a different format is unlikely to create a separate, new work. Consequently, digitally enhancing or changing the format of a work absent some originality, such as expressive choices made in the enhancement or encoding, will not likely create a separate work for copyright purposes. The creative bar is low, but it is not non-existent. Accordingly, in some jurisdictions releasing a photograph under a CC license will give the public permission to reuse the photograph in a different resolution.

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

The NoDerivs licenses (BY-ND and BY-NC-ND) prohibit reusers from creating adaptations. What constitutes an adaptation, otherwise known as a derivative work, varies slightly based on the law of the relevant jurisdiction.

Incorporating an unaltered excerpt from an ND-licensed work into a larger work only creates an adaptation if the larger work can be said to be built upon and derived from the work from which the excerpt was taken. Generally, no derivative work is made of the original from which the excerpt was taken when the excerpt is used to illuminate an idea or provide an example in another larger work. Instead, only the reproduction right of the original copyright holder is being exercised by person reusing the excerpt. All CC licenses grant the right to reproduce a CC-licensed work for noncommercial purposes (at a minimum). For example, a person could make copies of one chapter of an ND-licensed book and not be in violation of the license so long as other conditions of the license are met.

There are exceptions to that general rule, however, when the excerpts are combined with other material in a way that creates some new version of the original from which the excerpt is taken. For example, if a portion of a song was used as part of a new song, that may rise to the level of creating an adaptation of the original song, even though only a portion of it was used and even if that portion was used as-is.

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

No. When you receive material under a Creative Commons license, you may not place additional terms and conditions on the reuse of the work. This includes using effective technological measures (ETMs) that would restrict a licensee’s ability to exercise the licensed rights.

A technological measure is considered an ETM if circumventing it carries penalties under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements. Generally, this means that the anti-circumvention laws of various jurisdictions would cover attempts to break it.

For example, if you remix a CC-licensed song, and you wish to share it on a music site that places digital copy-restriction on all uploaded files, you may not do this without express permission from the licensor. However, if you upload that same file to your own site or any other site that does not apply DRM to the file, and a listener chooses to stream it through an app that applies DRM, you have not violated the license.

Note that merely converting material into a different format that is difficult to access or is only available for certain platforms does not violate the restriction; you may do this without violating the license terms.

Can I share CC-licensed material on password-protected sites?

Yes. This is not considered to be a prohibited measure, so long as the protection is merely limiting who may access the content, and does not restrict the authorized recipients from exercising the licensed rights. For example, you may post material under any CC license on a site restricted to members of a certain school, or to paying customers, but you may not place effective technological measures (including DRM) on the files that prevents them from sharing the material elsewhere.

(Note that charging for access may not be permitted with NC-licensed material; however, it is not disallowed by the restriction on ETMs.)

Can I share CC-licensed material on file-sharing networks?

Yes. All CC licenses allow redistribution of the unmodified material by any means, including distribution via file-sharing networks. Note that file-trading is expressly considered to be noncommercial for purposes of compliance with the NC licenses. Barter of NC-licensed material for other items of value is not permitted.

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

If you have received material under a CC license that is encumbered with effective technological measures (such as digital rights management or DRM), you may or may not be permitted to break it, depending on the circumstances. By releasing material under a CC license, the licensor agrees not to assert any rights she may have to prevent the circumvention of effective technological measures. (Under the 3.0 and earlier licenses, this is implied but not explicit.) However, if she has uploaded it to a site or other distribution channel that itself applies such measures, that site may have the right to prevent you from breaking them, even though the licensor herself cannot do so.

Note that anti-circumvention laws can impose criminal liability in some jurisdictions.

What if I have received CC-licensed material with additional restrictions?

It is possible that CC-licensed material will appear on platforms that impose terms in addition to the copyright license (though Creative Commons strongly discourages restrictions that interfere with exercise of the licensed rights). These additional terms do not form part of the license for the work. For example, if you download CC-licensed material from a site that does not permit downloading, you may be breaking the terms of use of the site, but you are not infringing the CC license. See our guide to Modifying the CC licenses for more guidance and information.

Combining and adapting CC material

When is my use considered an adaptation?

Whether a modification of licensed material is considered an adaptation for the purpose of CC licenses depends primarily on the applicable copyright law. Copyright law reserves to an original creator the right to create adaptations of the original work. CC licenses that allow for adaptations to be shared—all except BY-ND and BY-NC-ND—grant permission to others to create and redistribute adaptations when doing so would otherwise constitute a violation of applicable copyright law. Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable, such as a translation of a novel from one language to another, or the creation of a screenplay based on a novel.

Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation, whether or not it would be considered so under applicable law. Also, under version 4.0, certain uses of databases restricted by sui generis database rights also constitute adaptations (called “Adapted Material” in the 4.0 licenses), whether or not they would be considered adaptations under copyright law. For more details about adaptations in the database context, see the Data FAQ.

Note that all CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license.

Note on terminology: throughout these FAQs, we use the term “remix” interchangeably with “adapt.” Both are designed to mean doing something that constitutes an adaptation under copyright law.

Can I combine material under different Creative Commons licenses in my work?

It depends. The first question to ask is whether doing so constitutes an adaptation. If the combination does not create an adaptation, then you may combine any CC-licensed content so long as you provide attribution and comply with the NonCommercial restriction if it applies. If you want to combine material in a way that results in the creation of an adaptation (i.e. a “remix”), then you must pay attention to the particular license that applies to the content you want to combine.

The NoDerivatives licenses do not permit remixing except for private use (the pre-4.0 licenses do not permit remixing at all, except as allowed by exceptions and limitations to copyright). All the other CC licenses allow remixes, but may impose limitations or conditions on how the remix may be used. For example, if you create a remix with material licensed under a ShareAlike license, you need to make sure that all of the material contributed to the remix is licensed under the same license or one that CC has named as compatible, and you must properly credit all of the sources with the required attribution and license information. Similarly, if you want to use a remix for commercial purposes, you cannot incorporate material released under one of the NonCommercial licenses.

The chart below shows which CC-licensed material can be remixed. To use the chart, find a license on the left column and on the top right row. If there is a check mark in the box where that row and column intersect, then the works can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies. See below for details on how remixes may be licensed.

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If you make adaptations of material under a CC license (i.e. “remix”), the original CC license always applies to the material you are adapting even once adapted. The license you may choose for your own contribution (called your “adapter’s license”) depends on which license applies to the original material. Recipients of the adaptation must comply with both the CC license on the original and your adapter’s license.

  • BY and BY-NC material

When remixing BY or BY-NC material, it is generally recommended that your adapter’s license include at least the same license elements as the license applied to the original material. This eases reuse for downstream users because they are able to satisfy both licenses by complying with the adapter’s license. For example, if you adapt material licensed under BY-NC, your adapter’s license should also contain the NC restriction. See the chart below for more details.

  • BY-SA and BY-NC-SA material

In general, when remixing ShareAlike content, your adapter’s license must be the same license as the license on the material you are adapting. All licenses after version 1.0 also allow you to license your contributions under a later version of the same license, and some also allow ported licenses. (See the license versions page for details.) If you wish to adapt material under BY-SA or BY-NC-SA and release your contributions under a non-CC license, you should visit the Compatibility page to see which options are allowed.

  • BY-ND and BY-NC-ND material

The BY-ND and BY-NC-ND licenses do not permit distribution of adaptations (also known as remixes or derivative works), and prohibits the creation of adaptations under the pre-4.0 versions of those licenses. Since you may not share remixes of these materials at all, there is no compatibility with other licenses. (Note that the ND licenses do allow you to reproduce the material in unmodified form together with other material in a collection, as indicated in the next FAQ.)

  • Adapter’s license chart

The chart below details the CC license(s) you may use as your adapter’s license. When creating an adaptation of material under the license identified in the lefthand column, you may license your contributions to the adaptation under one of the licenses indicated on the top row if the corresponding box is green. CC does not recommend using a license if the corresponding box is yellow, although doing so is technically permitted by the terms of the license. If you do, you should take additional care to mark the adaptation as involving multiple copyrights under different terms so that downstream users are aware of their obligations to comply with the licenses from all rights holders. Dark gray boxes indicate those licenses that you may not use as your adapter’s license.

Adapter’s license chart Adapter’s license
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work PD              
BY              
BY-NC              
BY-NC-ND              
BY-NC-SA              
BY-ND              
BY-SA              
Abbreviation Key

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

All Creative Commons licenses (including the version 4.0 licenses) allow licensed material to be included in collections such as anthologies, encyclopedias, and broadcasts. You may choose a license for the collection, however this does not change the license applicable to the original material.

When you include CC-licensed content in a collection, you still must adhere to the license conditions governing your use of the material incorporated. For example, material under any of the Creative Commons NonCommercial licenses cannot be used commercially. The table below indicates what type of CC-licensed works you may incorporate into collections licensed for commercial and noncommercial uses.

Original Work Commercial Collection (BY, BY-SA, BY-ND) NonCommercial Collection (BY-NC, BY-NC-SA, BY-NC-ND)
PD    
BY    
BY-NC    
BY-NC-ND    
BY-NC-SA    
BY-ND    
BY-SA    

License termination

When do Creative Commons licenses expire?

Creative Commons licenses expire when the underlying copyright and similar rights expire.

Note that the relevant rights may expire at different times. For example, you may have a CC-licensed song where the rights in the musical arrangement expire before the rights in the lyrics. In this case, when the copyright in the music expires, you may use it without being required to comply with the conditions of the CC license; however, you must still comply with the license if you use the lyrics.

What happens if the author decides to revoke the CC license to material I am using?

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms. Of course, you may choose to respect the licensor’s wishes and stop using the work.

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

All of the CC licenses terminate if you fail to follow the license conditions. If this happens, you no longer have a license to use the material.

In the 4.0 licenses, your rights under the license are automatically reinstated if you correct this failure within 30 days of discovering the violation (either on your own or because the licensor or someone else has told you). Under the 3.0 and earlier licenses, there is no automatic reinstatement.

If you have lost your rights under a CC license and are not entitled to automatic reinstatement, you may regain your rights under the license if the licensor expressly grants you permission. You cannot simply re-download the material to get a new license.

Note that you may still be liable for damages for copyright infringement for the period where you were not in compliance with the license.

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

The Creative Commons licenses have three layers, as does the CC0 public domain dedication: the human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The Public Domain Mark is not legally operative, and so has only two layers: the human-readable mark and machine-readable metadata.

When material is licensed using any of the CC licenses or tools, it is highly recommended that a CC button, text, or other marker somehow accompany it. There are many possible modes for marking. For our licenses, people generally use the CC license chooser to generate HTML code that can be pasted into the webpage where the licensed material is published. CC0 and the Public Domain Mark have a separate chooser. Many platforms and web services such as Flickr and Drupal support CC licensing directly, allowing you to select an appropriate license. The service then properly marks the work for you.

CC has published some best practices for marking your CC-licensed material, and recommends:

  • Including a visual indicator (some combination of text and images) that the work is licensed with one of the CC licenses.
  • Clearly indicating what material is covered under the CC license, especially if it’s presented alongside non-licensed materials.
  • Including a link to the human-readable deed (which itself contains a link to the legal code).
  • Embedding machine-readable metadata in the code of the license indicator or code of the licensed page.

See the marking page for more details.

What does it mean that Creative Commons licenses are “machine-readable”?

Creative Commons has specified CC REL as a way to associate machine-readable licensing metadata with objects offered under CC licenses.

Before Creative Commons developed this vocabulary, it was difficult for a machine to ascertain whether an object was marked with a CC license. There was also no standard, predictable place to house metadata about that license (for example, the source URL of the work or the required mode of attribution).

Machine-readable metadata based on well-accepted metadata standards creates a platform upon which new services and applications can be built. Software and services can detect CC licenses and the details of that license, as described by the metadata. For example, on many websites and search engines such as Google and Flickr, you can run filtered searches for works offered under specific CC licenses. In addition, CC license deeds can automatically create copy-and-paste attribution code so users may easily comply with the BY condition of the licenses. When you click on a CC license or button from a page with license metadata, you get copy-and-paste attribution HTML within that license deed page. That HTML is based on available RDFa metadata in the original material.

All HTML provided by the CC license chooser is automatically annotated with metadata in RDFa format.

What is RDFa?

RDFa is a method for embedding structured data in a web page. For more information about RDFa, see the following resources:

What is CC REL and why does Creative Commons recommend it?

Creative Commons Rights Expression Language (CC REL) renders information about licenses and works machine-readable through standards that define the semantic web. Creative Commons wants to make it easy for creators and scientists to build upon the works of others when they choose; licensing your work for reuse and finding properly licensed works to reuse should be easy. CC recommends that you mark your licensed works with CC REL. The Creative Commons license chooser provides HTML annotated with CC REL, while the Creative Commons deeds recognize CC REL on web pages with works offered under a CC license, and use this metadata to enhance the deed for properly marked-up works, e.g., by providing copy and paste HTML that includes work attribution.

For more background information on CC REL, please refer to this paper.

What does it mean for a search engine to be CC-enabled?

Some search engines (like Google) allow people to filter their search results by usage rights so that you can limit your search results according to the particular CC license you seek. For example, if you are looking for a photo to adapt, you can filter your search to return photos that have a CC license that permits creation of adaptations. You can generally find this search feature on the advanced search page of your selected search engine. You can also use CC Search, which offers a convenient interface to search and a list of those content providers that support searches for content based on usage rights.

Please note, however, that you should always double check to make sure that the work you locate through a search is licensed as you wish.

How do I give users of my site the option to use CC licensing like Flickr does?

Creative Commons provides tools for integrating license selection with your site. You can find an overview at the Web Integration article on the CC wiki. The Partner Interface is a good way to get started and will always have the most up-to-date license versions and translations. However, there is also an API available if you want more control.

How can I change or remove the Creative Commons search option built into the Firefox browser?

Mozilla has included the Creative Commons search function in many versions of Firefox along with search options for Google, Amazon, and other popular sites. Please take a look at the Firefox article on the CC wiki for an explanation of how to change these features.

If you want to add or remove a particular search option, click on the logo in the search box (for example, the CC logo or the Google logo). This will open the pull down menu, which will allow you to select different search providers. If you choose “Manage Search Engines,” you will be able to add or remove search engines. You can also alter the order in which the search providers appear on the pull down menu.

Is Creative Commons involved in digital rights management (DRM)?

No. CC licenses are a form of rights expression, not rights management. CC provides tools to make it easier for creators and owners to say which rights they reserve and permissions they grant. This is different from digital rights management (or “DRM”), which uses technological protection measures to prevent people from using the work in a way that the owner has not permitted.

CC licenses contain language prohibiting licensees from the use of effective technological measures (including DRM) to prevent access to licensed material: ”You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any such recipient.”

While licensors may apply effective technological measures (ETMs) to their own materials, the licensor provides a limited permission to circumvent these measures: “The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures.” Note that this only applies to effective technological measures applied by licensors themselves: third parties such as distribution platforms may still apply ETMs if the licensor uploads there, and the license is not able to grant you permission to circumvent it.

Copyright law grants exclusive rights to creators of original works of authorship. National laws usually extend protections to such works automatically once fixed in a tangible medium, prohibiting the making of copies without the rights holder’s permission, among other things. On the internet, even the most basic activities involve making copies of copyrighted content. As content is increasingly uploaded, downloaded, and shared online, copyright law is becoming more relevant to more people than it was 20 years ago. Unfortunately, infringing copyrights—even unintentionally or unknowingly—can lead to liability. Successful navigation of the internet requires some understanding of copyright law.

What is the public domain?

The public domain of copyright refers to the aggregate of those works that are not restricted by copyright within a given jurisdiction. A work may be part of the public domain because the applicable term of copyright has expired, because the rights holder surrendered copyright in the work with a tool like CC0, or because the work did not meet the applicable standards for copyrightability.

Because the public domain depends on the copyright laws in force within a particular territory, sometimes a work may be considered “in the public domain” of one jurisdiction, but not in another. For example, U.S. government works are automatically in the public domain under U.S. copyright law, but might be restricted by copyright in other countries.

The Public Domain Manifesto, the University Libraries page, and the CC0 FAQs all contain additional information about the public domain.

Copyright in most jurisdictions attaches automatically without need for any formality once a creative work is fixed in tangible form (i.e. the minute you put pen to paper, take a photo, or hit the “save” button on your computer).

In some jurisdictions, creators may be required to register with a national agency in order to enforce copyright in court. If you would like more information, please consult the Berne Convention or your jurisdiction’s copyright law.

Although you do not have to apply a copyright notice for your work to be protected, it may be a useful tool to clearly signal to people that the work is yours. It also tells the public who to contact about the work.

What is an adaptation?

An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.

In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter’s personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil’s copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction’s copyright law for more information.

What are moral rights?

Copyright laws in many jurisdictions around the world grant creators “moral rights” in addition to the economic or commercial right to exploit their creative works. Moral rights protect the personal and reputational value of a work for its creator. Moral rights differ by country, and can include the right of attribution, the right to have a work published anonymously or pseudonymously, and/or the right to the integrity of the work. The moral right of integrity may provide creators with a source for redress if an adaptation represents derogatory treatment of their work, typically defined as “distortion or mutilation” of the work or treatment that is “prejudicial to the honor, or reputation of the author.” Not all jurisdictions provide for moral rights.

The CC licenses are intended to minimize the effect of moral rights on a licensee’s ability to use licensed material; however, in some jurisdictions, these rights may still have an effect. CC offers some additional information on how CC licenses may affect your moral rights.

What are neighboring rights?

Copyright provides an incentive to create works by providing exclusive rights to creators. However, the distribution or exploitation of a work often involves more than just the creator. For example, if someone writes a song, someone else may perform the song, and another may produce the recording of the song. Some jurisdictions extend copyright to the contributions made by these persons; other jurisdictions extend such exclusive rights in the form of neighboring rights. Neighboring rights may include performers’ rights or broadcasters’ rights, among others. The Rome Convention sets forth some guidelines on the scope of neighboring rights. Not all jurisdictions recognize neighboring rights.

What are sui generis database rights?

Sui generis database rights grant qualifying database makers the right to prohibit the extraction and reuse of a substantial portion of a database. The rights are granted to database makers that make a substantial investment of time and resources to create the database. Sui generis database rights are primarily enacted within the European Union and a handful of other jurisdictions.

What are collecting societies?

Collecting societies are copyright management organizations. Some examples of collecting societies include ASCAP and BMI (United States), BUMA/STEMRA (Netherlands), PRS (United Kingdom), and APRA (Australia). These societies license works on behalf of their owners and process royalty payments from parties using the copyrighted works.

CC offers additional information on how collecting societies might affect your rights and your ability to apply CC licenses to your work. CC has several pilots underway with collecting societies that have chosen to allow their members to use CC licenses on a limited basis.

What are publicity, personality, and privacy rights?

These terms are used differently in different jurisdictions. Generally speaking, these rights allow individuals to control the use of their voice, image, likeness, or other identifiable aspect of their identity, especially for purposes of commercial exploitation. Similarly, in some jurisdictions these rights allow people to restrict others’ ability to publish information about them without their permission. Whether and to what extent these rights exist, and if so, how they are labeled, varies depending on the jurisdiction.

Creative Commons licenses have a limited effect on these rights where the licensor holds them. Where the licensor has publicity, personality, or privacy rights that may affect your ability to use the material as the license intends, the licensor agrees to waive or not assert those rights. However, any such rights not held by the licensor are not affected and may still affect your desired use of a licensed work. If you have created a work or wish to use a work that might in some way implicate these rights, you may need to obtain permission from the individuals whose rights may be affected.

Data

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

: Uses of CC Licenses with Data and Databases : Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker’s investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [marking page]https://wiki.creativecommons.org/wiki/Marking_your_work_with_a_CC_license “wikilink”) for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights–but not copyright–are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.1 These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker’s substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Artificial intelligence and CC licenses

What are the limits on how CC-licensed works can be used in the development of new technologies, such as training of artificial intelligence software?

The licenses grant permission for reuse in any situation that requires permission under copyright. There are many ways in which CC-licensed work works and even all rights reserved works can be reused without permission. This includes uses that are fair uses, for example.

If someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected. This is one of the enduring qualities of our licenses — they have been carefully designed to work with all new technologies where copyright comes into play. No special or explicit permission regarding new technologies from a copyright perspective is required.

But what about privacy laws, rules governing ethical research, and data protection laws?

CC’s copyright licenses are not universal policy tools. Copyright is the primary obstacle to reuse that our licenses solve, but there are many other issues related to the reuse of content that our licenses do not address and that reusers should be aware of. These can include privacy and rules governing ethical research and the collection or use of data, which have to be addressed and respected separate and apart from the copyright issues that CC licenses cover.

What attribution obligations exist when CC-licensed images are included in a published dataset? Is linking to the original image or URI required, and if so, is it adequate?

It depends. First, keep in mind that CC licenses never limit uses that copyright doesn’t control. For example, as a general matter text and data mining in the United States is considered a fair use and does not require permission under copyright. This means that reusers engaged in text and data mining do not have to adhere to the marking and attribution requirements in our licenses for that activity even though we strongly recommend they do so anyway. A second example is linking. In some countries, linking to copyrighted content doesn’t require permission under copyright law, which means the CC license obligations do not come into play even though the linked content is CC-licensed.

Where a CC-licensed work is distributed as part of a database or dataset, and assuming copyright (or in the European Union, copyright or sui generis database rights) is triggered, then the license conditions must be respected. This means providing the required attribution information in a way that is reasonable under the circumstances. Our licenses allow for some flexibility, and in some cases that may be as simple as providing a link to the website where the relevant attribution information is provided. Visit our marking practices page for more information.

If a for-profit company uses CC-licensed content under a Non Commercial license and releases the work under terms that allow only research purposes, is the NC restriction violated?

This depends on whether any of the uses made of the works by the company, whether for profit or non profit, are primarily intended for commercial advantage or monetary compensation. This is hard to know without having all of the facts about how a work was used, whether internally by the company for its own purposes or how the work was distributed for further use. Visit our NC page for more information about what constitutes commercial and non commercial uses of works.

If NC-licensed content is redistributed to the public under an NC license, that distribution would not violate the NC clause. (Note that CC strongly discourages the use of any license terms other than a CC NC license for redistributions of NC-licensed content.)

If CC SA-licensed content is included in a database, does the entire database have to be licensed under an SA license?

CC licenses never require a reuser of a CC-licensed work to make the original work or resulting works (collections, derivatives, etc.) publicly available. There are lots of private reuses of works that are permitted by CC’s licenses that do not require compliance with their terms. Regarding ShareAlike, the condition only applies if a work is modified and if the work is shared publicly. In the situation where a reuser created a dataset of photos and made it publicly available, and assuming copyright permission is required, then what is released is likely a collection or compilation of pre-existing works. CC licenses do not require the collection or the compilation itself to be made available under an SA license, even though each individual work is still licensed individually under an SA license and if they were modified by the distributor the modified photo would need to be licensed under the same terms. For example, were Creative Commons to compile photographs from a photo sharing website under a BY-SA 2.0 license and create a database that it then publicly distributed, CC could license the collection as a whole under a BY license, but the photographs would continue to be licensed under BY-SA 2.0.

What, if any, remedies, do users have if they dislike how their photos or images have been reused?

Several remedies are potentially available. Some may be available if the CC license terms have been violated, and others may be available through other, separate avenues because they involve other laws or regulations that the CC licenses do not cover. It’s important to remember, however, that absent a violation of the license the permissions granted under the license remain in place and cannot be revoked.

  • Under the CC licenses, even if a license condition has not been violated licensors can ask that attribution to them be removed so they can distance themselves from the reuse.
  • For violations of a CC license term where the license was required (not a fair use, etc.) then you may have a claim for copyright infringement. Fortunately, in the CC community most license violations are handled amicably without resorting to the courts.
  • For claims involving laws and regulations other than copyright, recourse may be available depending on your local laws.

An important starting point for any would-be sharer of content under a CC license is to educate yourself in advance about how they work and what rights they do and do not cover. We have many FAQs on our website. We also provide human-readable deeds with links to the full text of our licenses. Additionally, all of our licenses highlight at the beginning many considerations that licensors should have in mind before they license, and considerations for reusers of works before they do so in order to avoid inadvertent violations.

Notes

  1. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).↩

#####EOF##### Compatible Licenses - Creative Commons
Creative Commons > Share your work > Licensing considerations > Compatible Licenses

Compatible Licenses

This is the list of licenses that have been approved by Creative Commons as compatible with the two Creative Commons ShareAlike licenses, CC BY-SA and CC BY-NC-SA. You must use one of the licenses listed on this page for your contribution when you make adaptations of material under BY-SA or BY-NC-SA and share the adaptation, unless your use falls under an exception or limitation to copyright. Below is the definitive list of permissible licenses for your contributions to adaptations, which depends on the particular license that covers the material you are adapting.

Creative Commons evaluates licenses for ShareAlike compatibility according to its published process and criteria. Any license that has been considered formally by CC under this process will be listed on this page, with unsuccessful candidates noted in a separate section. To read about compatibility within the CC license suite, please see our FAQ.

BY-SA

See this page for an explanation of how compatibility with BY-SA works.

Version 4.0

Your contributions to adaptations of BY-SA 4.0 materials may only be licensed under:

  • BY-SA 4.0, or a later version of the BY-SA license.
  • Ported versions of the BY-SA license (if any), version 4.0 or later
  • A license designated as a “BY-SA Compatible License” as defined in BY-SA 4.0.
    • Free Art License: The Free Art license 1.3 was declared a “BY-SA–Compatible License” for version 4.0 on 21 October 2014. See the full analysis and comparison for more information.
    • GPLv3: The GNU General Public License version 3 was declared a “BY-SA–Compatible License” for version 4.0 on 8 October 2015. Note that compatibility with the GPLv3 is one-way only, which means you may license your contributions to adaptations of BY-SA 4.0 materials under GPLv3, but you may not license your contributions to adaptations of GPLv3 projects under BY-SA 4.0. Other special considerations apply. See the full analysis and comparison for more information.

Other licenses may be added to this list at any time according to the established process and criteria. Once a license has been added to this list, it will not be removed.

Version 3.0

Your contributions to adaptations of BY-SA 3.0 materials may only be licensed under:

  • BY-SA 3.0, or a later version of the BY-SA license.
  • Ported versions of the BY-SA license, version 3.0 or later.
  • A license designated as a “Creative Commons Compatible License” as defined in BY-SA 3.0.

Currently, no non-CC licenses have been designated as compatible with BY-SA 3.0. Other licenses may be added to this list at any time according to the established process and criteria. Once a license has been added to this list, it will not be removed.

Version 2.0 and 2.5

Your contributions to adaptations of BY-SA 2.0 or 2.5 materials may only be licensed under:

  • The license used for the original work, or a later version of that BY-SA license.
  • Ported versions of that BY-SA license, the same or later version as the licensed work.

Version 1.0

There is no compatibility mechanism in CC BY-SA 1.0. You must use version 1.0 for your contributions to adaptations of material under BY-SA 1.0.

BY-NC-SA

Version 4.0

Your contributions to adaptations of material under BY-NC-SA 4.0 may only be licensed under:

  • BY-NC-SA 4.0, or a later version of the BY-NC-SA license.
  • Ported versions of the BY-NC-SA license, version 4.0 or later.
  • A license designated as a “BY-NC-SA Compatible License” as defined in BY-NC-SA 4.0.

Currently, no non-CC licenses have been designated as compatible with BY-NC-SA 4.0. Other licenses may be added to this list at any time according to the established process and criteria. Once a license has been added to this list, it will not be removed.

Versions 2.0, 2.5, and 3.0

Your contributions to adaptations of BY-NC-SA 2.0, 2.5 or 3.0 materials may only be licensed under:

  • The license used for the original work, or a later version of that BY-NC-SA license.
  • Ported versions of that BY-NC-SA license, the same or later version as the licensed work.

Version 1.0

There is no compatibility mechanism in CC BY-NC-SA 1.0. You must use version 1.0 for your contributions to adaptations of material under BY-NC-SA 1.0.

Evaluated licenses not deemed compatible

None yet.

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#####EOF##### Privacy Policy - Creative Commons
Creative Commons > Privacy Policy

Privacy Policy

1. Preamble

This Privacy Policy explains the collection, use, processing, transferring and disclosure of personal information by Creative Commons Corporation (“CC” or “Creative Commons”), a Massachusetts charitable organization.

This Privacy Policy is incorporated into and made part of Creative Commons Master Terms of Use (“Master Terms”) located at https://creativecommons.org/terms.

Unless otherwise noted on a particular website or service hosted by Creative Commons, this Privacy Policy applies to your use of all websites that Creative Commons operates. These include https://creativecommons.org, https://wiki.creativecommons.org, https://network.creativecommons.org, https://search.creativecommons.org, https://labs.creativecommons.org, http://openpolicynetwork.org, http://open4us.org, https://rightsback.org, http://teamopen.cc, and http://thepowerofopen.org, together with all other subdomains thereof, (collectively, the “Websites”). This Privacy Policy also applies to all products, information, and services provided through the Websites and/or hosted on our servers, including without limitation the license chooser, legal tools, (including license buttons embedded on third party websites), search engine, the CC Login Services (defined below), and the CC Global Network community website (together with the Websites, the “Services”).

Please note that Creative Commons does not operate the website at http://ccmixter.org.

In addition, supplemental Privacy Policy terms (“Supplemental Privacy Policy Terms”) may apply to a particular Service, such as rightsback.org (https://rightsback.org/privacy-policy/). All such Supplemental Privacy Policy Terms will be accessible for you to read either within, or through your use of, that particular Service.

By accessing or using any of the Services, you are accepting and agreeing to the practices described in this Privacy Policy.

2. Our Principles

Creative Commons has designed this policy to be consistent with the following principles:

  • Privacy policies should be human readable and easy to find.
  • Data collection, storage, and processing should be simplified as much as possible to enhance security, ensure consistency, and make the practices easy for users to understand.
  • Data practices should always meet the reasonable expectations of users.

3. Personal Information CC Collects and How it is Used

As used in this policy, “personal information” means information that would allow someone to identify you, including your name, email address, IP address, or other information from which someone could deduce your identity.

CC collects and uses personal information in the following ways:

Website and Fundraising Analytics: When you visit our Websites or use our Services, CC collects some information about your activities through tools such as Google Analytics and through our server logs. The type of information that we collect focuses on general information such as country or city where you are located, pages visited, time spent on pages, heat-map of visitors’ activity on the site, information about the browser you are using, etc. CC collects and uses this information pursuant to our legitimate interest in maintaining and enhancing the security and utility of our Services. The information we gather and process is used in the aggregate to spot trends without deliberately identifying individuals, except in cases where you affirmatively opt-in to providing us more individualized feedback about our Services, or where you engage in a transaction with Creative Commons by donating money, purchasing merchandise, or getting a ticket for an event or program. In cases where you donate, purchase merchandise, or get a ticket for an event or program, CC retains certain information about your visit to the Services, including information about the referral site that led you to our Services, pursuant to its legitimate interest in understanding its community of supporters for fundraising purposes, and this information is stored in connection with other personal information you provide to CC.

Note that you can learn about Google’s practices in connection with its analytics services and how to opt out of it by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout. If you would like to opt out of CC’s fundraising analytics, please contact legal@creativecommons.org with your request.

Information from Cookies: We and our service providers (for example, Google Analytics as described above) may collect information using cookies or similar technologies for the purposes described above and below. Cookies are pieces of information that are stored by your browser on the hard drive or memory of your computer or other Internet access device.  Cookies may enable us to personalize your experience on the Services, maintain a persistent session, passively collect demographic information about your computer, and monitor advertisements and other activities. The Websites may use different kinds of cookies and other types of local storage (such as browser-based or plugin-based local storage).

Log-In Services: When you register to obtain a user account on any of the Services (any such person, a “Registered User”), including but not limited to the CCID service available at https://login.creativecommons.org/login, you will be asked to provide personal information to create your account and establish a password and profile. CC collects and uses this personal information pursuant to its legitimate interest in establishing and maintaining your account providing you with the features we provide Registered Users. We may use your email address to contact you regarding changes to this policy or other applicable policies. The name or nickname you provide in connection with your account may be used to attribute you in connection with any content you submit to any Service. In addition, whenever you use a CC Login Service to log into a Website or use the Services, our servers keep a plain text log of the Websites you visit and when you visit them.

Events: When you sign up for an event hosted or supported by Creative Commons, you will be asked to provide some personal information, including your name, email address, and other information as needed. CC collects and uses this personal information pursuant to its legitimate interest in organizing and running the relevant event. We may share your personal information with vendors, third party contractors, partner organizations, and volunteers for the purpose of organizing and running the event and related activities.

Emails and Newsletters: When you sign up to receive updates from Creative Commons or otherwise subscribe to one of our mailing lists, you will be asked to provide some personal information. CC collects and uses this personal information pursuant to its legitimate interest in providing news and updates to, and collaborating with, its supporters and volunteers. You may unsubscribe from our mailing list at any time by clicking on the “unsubscribe” link at the bottom of each newsletter.

Email Analytics: When you receive communications from CC after signing up for the CC newsletter, campaign updates, or other ongoing email communications from CC, we use analytics to track whether you open the mail, click on the links, and otherwise interact with what we send. You may opt out of this tracking by choosing to get plain-text emails from CC. CC collects and uses this personal information pursuant to its legitimate interest in understanding the interests of its community of supporters and volunteers in order to provide more relevant news and updates. 

Donations: When you donate money to Creative Commons, purchase merchandise at https://store.creativecommons.org/, or pay for attendance at an event or participation in the CC Certificate program or any other program run by Creative Commons, you will be asked to provide personal information, including payment information. CC collects and uses this personal information pursuant to its legitimate interest in raising funds to ensure the sustainability of our nonprofit organization and, where applicable, to provide you with the merchandise, event, or program you purchased.

Creative Commons Global Network (“CCGN”) Membership: In connection with your application for CCGN membership, you will be required to provide certain personal information. CC collects and uses that personal information pursuant to its legitimate interest in evaluating applications for CCGN membership and for helping to manage the CCGN once you are admitted.

In connection with your application you will be required to have two CCGN members provide information about you in order to vouch for you as a potential member of the CCGN. The personal information you provide with your application will be shared with the individuals you select to vouch for you, and with those reviewing your application, including the Membership Council whose members include people not employed by Creative Commons and who are located in various countries around the world.

If you vouch for someone’s application to the CCGN, your personal information will be shared with those reviewing the application, including the Membership Council, and if you provide a positive vouching statement, that statement will be shared with the applicant if and when they are admitted for membership.

If you are admitted to membership in the CCGN, you will be given a public profile page, editable by you, which will be pre-populated with certain information you provide with your application. Your name, areas of interest, images and other content you upload will be publicly displayed to anyone who visits the site while logged in with their CCID. All other personal information that you submit to your profile page, including your biographical information, email address, languages spoken, country of residence, social media account information or URL details will be displayed only to CC and CCGN members. Further, if you are admitted, your information will be transferred to and from the various fora that further the CC mission and enable the CCGN, including country chapters, platforms, working groups, and the Membership Council, for purposes of governance participation, activity interaction, and other purposes related to the mission, vision, and activities of CC.

If your CCGN membership application is rejected, the personal information that was collected from you and from the voucher will be deleted 21 days after CC sends out the decision, with the exception of the voucher’s vote or abstention (e.g., vouch for applicant / does not vouch for applicant).

Funding and Participation Opportunities: When you apply for a scholarship, grant, or fellowship from Creative Commons, or when you apply to be selected to participate in one of our other programs, CC will collect certain personal information from you in order to evaluate your application and process your funding as necessary. CC collects and uses this personal information pursuant to its legitimate interest in providing funding and participation opportunities to its supporters and volunteers and in order to comply with its legal obligations under applicable law. We will share that information with the people who are designated to select participants in, and help manage, those programs, which may include people not employed by Creative Commons.

Other Voluntarily Provided Information: When you provide feedback to Creative Commons, sign a petition distributed by CC, or otherwise submit personal information to Creative Commons, CC collects and uses this personal information pursuant to its legitimate interest in better understanding our community of supporters and volunteers and in furtherance of the particular program or activity to which you provided feedback or other input.

License/Tool Selection . We use the personal information you provide to us as part of your selection of one of our licenses/tools to provide you the RDF, html, and the uniform resource locator that correspond to the license/tool you selected. Some older versions of the license chooser enable Creative Commons to send you this information via email. In those cases, your email address is expunged after this email has been sent. We may use all of this information to maintain usage data about our licenses/tools.

4. Retention of Personal Information

The majority of the personal information collected and used as explained in Section 3 above is aggregated and stored in a central database provided by a third party service provider. CC aggregates this data pursuant to its legitimate interest in having information stored in a single location to minimize complexity, increase consistency in internal practices, better understand its community of supporters and volunteers, and enhance the security of the data.  

CC erases the web browser logs described above on a regular, rolling basis. We generally retain other personal information for the purposes for which it was collected. This may mean that we retain your personal information indefinitely in some cases.

5. Access to Your Personal Information

You are generally entitled to access and transfer to a third party any personal information that Creative Commons holds and to have inaccurate data corrected or removed to the extent CC still maintains it. In certain circumstances, you also may have the right to object or restrict for legitimate reasons to the processing or transfer of personal information. If you wish to exercise any of these rights, please write to legal@creativecommons.org explaining your request. You also have the right to go directly to the relevant supervisory or legal authority, but we encourage you to contact us so that we may resolve your concerns directly as best we can.

6. Disclosure of Your Personal Information

CC does not disclose personal information to third parties except as specified elsewhere in this policy and in the following instances:

  1. Creative Commons may share personal information with our contractors and service providers in order to undertake the activities described in Section 3.  
  2. We may disclose your personal information to third parties in a good faith belief that such disclosure is reasonably necessary to (a) take action regarding suspected illegal activities; (b) enforce or apply our Master Terms and this Privacy Policy; (c) enforce our Charter, including the Code of Conduct and policies contained and incorporated therein, or (d) comply with legal process, such as a search warrant, subpoena, statute, or court order.

7. Security of Your Personal Information

Creative Commons has implemented reasonable physical, technical, and organizational security measures for personal information that Creative Commons processes against accidental or unlawful destruction, or accidental loss, alteration, unauthorized disclosure or access, in compliance with applicable law. However, no website can fully eliminate security risks. Third parties may circumvent our security measures to unlawfully intercept or access transmissions or private communications. If any data breach occurs, we will post a reasonably prominent notice to the Websites and comply with all other applicable data privacy requirements including, when required, personal notice to you if you have provided and we have maintained an email address for you.

The CC Login Services account systems have security risks in addition to those described above. Among other things, they are vulnerable to DNS attacks, and using any CC Login Service may increase the risk of phishing.

8. Children

The Services are not directed at children under the age of 13. Consistent with the U.S. federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personal information from anyone under the age of 13 without requiring parental consent. Our Master Terms specifically prohibit anyone using our Services from submitting any personally identifiable information about persons under 13 years of age. Any person who provides their personal information to CC through the Services represents that they are 13 years of age or older.

9. Third Party Service Providers

Creative Commons uses many third party service providers in connection with the Services, including website hosting services, database management, credit card processing, and many more. Some of these service providers may place session cookies on your computer, and they may collect and store your personal information on our behalf in accordance with the data practices and purposes explained above in Section 3.

10. Third Party Sites

The Services may provide links to a wide variety of third party websites. You should consult the respective privacy policies of these third-party websites. This Privacy Policy does not apply to, and we cannot control the activities of, such other websites.

11. Location of Services

If you are accessing or using the Services in regions with laws governing data collection, processing, transfer and use, please note that when we use and share your data as specified in this policy, we may transfer your information to recipients in countries other than the country in which the information was originally collected. Those countries may not have the same data protection laws as the country in which you initially provided the information.

The Services are currently hosted in the United States and the United Kingdom, which means your personal information may be located on servers in the United States and/or the United Kingdom.  This may change from time to time.  The majority of contractors that Creative Commons is using as of the effective date of this Privacy Policy are located in the United States and in Canada, but this may change from time to time.

12. Changes to this Privacy Policy

We may occasionally update this Privacy Policy. When we do, we will revise the Effective Date below. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting, using, processing and transferring the personal information we collect.

Effective Date: 2 April 2019.

21 thoughts on “Privacy Policy”

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  15. Pingback: “Quizá la propiedad, así, sin más, no sea un robo: pero hoy está tramada en tal red de explotación y usura, está inscrita en una estructura tan evidentemente fundada en el hambre de muchos, la ignorancia o el adoctrinamiento misera
  16. Pingback: “Quizá la propiedad, así, sin más, no sea un robo: pero hoy está tramada en tal red de explotación y usura, está inscrita en una estructura tan evidentemente fundada en el hambre de muchos, la ignorancia o el adoctrinamiento miserable de tanto
  17. Pingback: “Quizá la propiedad, así, sin más, no sea un robo: pero hoy está tramada en tal red de explotación y usura, está inscrita en una estructura tan evidentemente fundada en el hambre de muchos, la ignorancia o el adoctrinamiento misera
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#####EOF##### Contact - Creative Commons
Creative Commons > What we do > Contact

Contact

Many questions are answered in our FAQ and you can find out more about our global affiliate network here. If you are unable to find your answer via our FAQ or website please be in touch regarding our website, general information or press at: info@creativecommons.org.

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If you have reason to believe that any material or activity on a site controlled or operated by Creative Commons (such as creativecommons.org or wiki.creativecommons.org is infringing of the right(s) owned by you or someone else, for whom you have authority to act, please follow our DMCA Notice & Takedown Procedure.

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As a nonprofit entity, the integrity of CC’s financial information is paramount. We have adopted Codes of Conduct that prohibit financial impropriety and protect whistle blowers who bring such irregularities to our attention. Additionally, we take seriously other misconduct that may involve the violation of our policies including, but not limited to, harassment.

If you are aware of any conduct prohibited by law or by our policies, you are encouraged to make a complaint, anonymously if you wish, to the members of the company’s Audit Committee. The email address for such complaints is audit@creativecommons.org which will forward your message automatically to the members of the Audit Committee. The Committee members are identified on our Board page. You may also submit a complaint by post or fax to the attention of “Audit Committee” at our Mountain View address.

Creative Commons is a Massachusetts-chartered 501(c)(3) tax-exempt charitable corporation. For more information, see the corporate charter, by-laws, most recent tax return and most recent audited financial statement.

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  10. Pingback: “Es un sistema injusto” (Papa Francisco). De nuevo sobre la posición de la Iglesia Católica frente a las desigualdades sociales y a los auténticos desafíos del siglo XXI. | De la victimización al "blaming the victim" e
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Creative Commons Legal Code

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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.

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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.

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  3. "Creative Commons Compatible License" means a license that is listed at https://creativecommons.org/compatiblelicenses that has been approved by Creative Commons as being essentially equivalent to this License, including, at a minimum, because that license: (i) contains terms that have the same purpose, meaning and effect as the License Elements of this License; and, (ii) explicitly permits the relicensing of adaptations of works made available under that license under this License or a Creative Commons jurisdiction license with the same License Elements as this License.
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  9. "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
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  11. "Reproduce" means to make copies of the Work by any means including without limitation by sound or visual recordings and the right of fixation and reproducing fixations of the Work, including storage of a protected performance or phonogram in digital form or other electronic medium.

2. Fair Dealing Rights. Nothing in this License is intended to reduce, limit, or restrict any uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.

3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:

  1. to Reproduce the Work, to incorporate the Work into one or more Collections, and to Reproduce the Work as incorporated in the Collections;
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  3. to Distribute and Publicly Perform the Work including as incorporated in Collections; and,
  4. to Distribute and Publicly Perform Adaptations.

  5. For the avoidance of doubt:

    1. Non-waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme cannot be waived, the Licensor reserves the exclusive right to collect such royalties for any exercise by You of the rights granted under this License;
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    3. Voluntary License Schemes. The Licensor waives the right to collect royalties, whether individually or, in the event that the Licensor is a member of a collecting society that administers voluntary licensing schemes, via that society, from any exercise by You of the rights granted under this License.

The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. Subject to Section 8(f), all rights not expressly granted by Licensor are hereby reserved.

4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:

  1. You may Distribute or Publicly Perform the Work only under the terms of this License. You must include a copy of, or the Uniform Resource Identifier (URI) for, this License with every copy of the Work You Distribute or Publicly Perform. You may not offer or impose any terms on the Work that restrict the terms of this License or the ability of the recipient of the Work to exercise the rights granted to that recipient under the terms of the License. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties with every copy of the Work You Distribute or Publicly Perform. When You Distribute or Publicly Perform the Work, You may not impose any effective technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise the rights granted to that recipient under the terms of the License. This Section 4(a) applies to the Work as incorporated in a Collection, but this does not require the Collection apart from the Work itself to be made subject to the terms of this License. If You create a Collection, upon notice from any Licensor You must, to the extent practicable, remove from the Collection any credit as required by Section 4(c), as requested. If You create an Adaptation, upon notice from any Licensor You must, to the extent practicable, remove from the Adaptation any credit as required by Section 4(c), as requested.
  2. You may Distribute or Publicly Perform an Adaptation only under the terms of: (i) this License; (ii) a later version of this License with the same License Elements as this License; (iii) a Creative Commons jurisdiction license (either this or a later license version) that contains the same License Elements as this License (e.g., Attribution-ShareAlike 3.0 US)); (iv) a Creative Commons Compatible License. If you license the Adaptation under one of the licenses mentioned in (iv), you must comply with the terms of that license. If you license the Adaptation under the terms of any of the licenses mentioned in (i), (ii) or (iii) (the "Applicable License"), you must comply with the terms of the Applicable License generally and the following provisions: (I) You must include a copy of, or the URI for, the Applicable License with every copy of each Adaptation You Distribute or Publicly Perform; (II) You may not offer or impose any terms on the Adaptation that restrict the terms of the Applicable License or the ability of the recipient of the Adaptation to exercise the rights granted to that recipient under the terms of the Applicable License; (III) You must keep intact all notices that refer to the Applicable License and to the disclaimer of warranties with every copy of the Work as included in the Adaptation You Distribute or Publicly Perform; (IV) when You Distribute or Publicly Perform the Adaptation, You may not impose any effective technological measures on the Adaptation that restrict the ability of a recipient of the Adaptation from You to exercise the rights granted to that recipient under the terms of the Applicable License. This Section 4(b) applies to the Adaptation as incorporated in a Collection, but this does not require the Collection apart from the Adaptation itself to be made subject to the terms of the Applicable License.
  3. If You Distribute, or Publicly Perform the Work or any Adaptations or Collections, You must, unless a request has been made pursuant to Section 4(a), keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or if the Original Author and/or Licensor designate another party or parties (e.g., a sponsor institute, publishing entity, journal) for attribution ("Attribution Parties") in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; (ii) the title of the Work if supplied; (iii) to the extent reasonably practicable, the URI, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and (iv) , consistent with Ssection 3(b), in the case of an Adaptation, a credit identifying the use of the Work in the Adaptation (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). The credit required by this Section 4(c) may be implemented in any reasonable manner; provided, however, that in the case of a Adaptation or Collection, at a minimum such credit will appear, if a credit for all contributing authors of the Adaptation or Collection appears, then as part of these credits and in a manner at least as prominent as the credits for the other contributing authors. For the avoidance of doubt, You may only use the credit required by this Section for the purpose of attribution in the manner set out above and, by exercising Your rights under this License, You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Original Author, Licensor and/or Attribution Parties, as appropriate, of You or Your use of the Work, without the separate, express prior written permission of the Original Author, Licensor and/or Attribution Parties.
  4. Except as otherwise agreed in writing by the Licensor or as may be otherwise permitted by applicable law, if You Reproduce, Distribute or Publicly Perform the Work either by itself or as part of any Adaptations or Collections, You must not distort, mutilate, modify or take other derogatory action in relation to the Work which would be prejudicial to the Original Author's honor or reputation. Licensor agrees that in those jurisdictions (e.g. Japan), in which any exercise of the right granted in Section 3(b) of this License (the right to make Adaptations) would be deemed to be a distortion, mutilation, modification or other derogatory action prejudicial to the Original Author's honor and reputation, the Licensor will waive or not assert, as appropriate, this Section, to the fullest extent permitted by the applicable national law, to enable You to reasonably exercise Your right under Section 3(b) of this License (right to make Adaptations) but not otherwise.

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UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.

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  1. This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Adaptations or Collections from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
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8. Miscellaneous

  1. Each time You Distribute or Publicly Perform the Work or a Collection, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
  2. Each time You Distribute or Publicly Perform an Adaptation, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
  3. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
  4. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
  5. This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
  6. The rights granted under, and the subject matter referenced, in this License were drafted utilizing the terminology of the Berne Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on July 24, 1971). These rights and subject matter take effect in the relevant jurisdiction in which the License terms are sought to be enforced according to the corresponding provisions of the implementation of those treaty provisions in the applicable national law. If the standard suite of rights granted under applicable copyright law includes additional rights not granted under this License, such additional rights are deemed to be included in the License; this License is not intended to restrict the license of any rights under applicable law.

Creative Commons Notice

Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.

Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, Creative Commons does not authorize the use by either party of the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time. For the avoidance of doubt, this trademark restriction does not form part of the License.

Creative Commons may be contacted at https://creativecommons.org/.

#####EOF##### Considerations for licensors and licensees - Creative Commons

Considerations for licensors and licensees

From Creative Commons
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The following list sets out some basic things that you should think about before you apply a Creative Commons license to your material, or use Creative Commons-licensed material. It is not an exhaustive list. If you have additional questions or concerns, feel free to post to one of our email discussion lists, send us an email at info@creativecommons.org, send an email to one of our country project leads or obtain your own legal advice.

Considerations for Licensors - if you are licensing your own work
Considerations for Licensees - if you are using someone else's work

Contents

Considerations for licensors

Irrevocability

Remember the license may not be revoked.

Once you apply a CC license to your material, anyone who receives it may rely on that license for as long as the material is protected by copyright and similar rights, even if you later stop distributing it.

Type of material

Make sure the material is appropriate for CC licensing.

CC licenses are appropriate for all types of content you want to share publicly, except software and hardware.

Specify precisely what it is you are licensing.

Any given work has multiple elements; e.g., text, images, music. Make sure to clearly mark or indicate in a notice which of those are covered by the license.

Nature and adequacy of rights

Make sure the material is subject to copyright or similar rights.

CC licenses are operative only where copyright, sui generis database rights, or other rights closely related to copyright come into play. They should not be applied to material in the public domain.

Clear rights needed to use the material.

If the material includes rights held by others, make sure to get permission to sublicense those rights under the CC license. If you created the material in the scope of your employment or as a work-for-hire, you may not be the holder of the rights and may need to get permission before applying a CC license.

Indicate rights not covered by the license.

Prominently mark or indicate in a notice any rights held by third parties, such as publicity or trademark rights. This includes any content you used under exceptions or limitations to copyright, and any third party content used under another license (even if it is the same CC license as you applied).

Type of license

Think about how you want the material to be used.

Consider what you hope to achieve by sharing your work when determining which of the six CC licenses to apply. For example, if you want it to appear in a Wikipedia article, it must be licensed using BY-SA or a compatible license.

Consider any obligations that may affect what type of license you apply.

Think about any obligations you have, such as licensing requirements from a funding source, employment agreement, or limitations on your ability to use a CC license imposed by a collecting society, that dictate which (if any) of the six CC licenses you can apply.

Additional provisions

Consider offering a warranty.

If you are confident you have cleared all rights in the material, you may choose to warrant that the work does not violate the rights of any third parties.

Specify additional permissions, if desired.

You have the option of granting permissions above and beyond what the license allows; for example, allowing licensees to translate ND-licensed material. If so, consider using CC+ to indicate the additional permissions offered.

Special preferences

Specify attribution information if desired.

You may indicate particular attribution parties, a URI for the material, and other attribution information for licensees to retain.

Indicate any non binding requests.

You may ask licensees to adhere to your special requests, such as marking or describing changes they make to your material.

Considerations for licensees

Understand the license.

Read the legal code, not just the deed.

The human-readable deed is a summary of, but not a replacement for, the legal code. It does not explain everything you need to know before using licensed material.

Make sure the license grants permission for what you want to do.

There are six different CC licenses. Two of the licenses prohibit the sharing of adaptations (BY-ND, BY-NC-ND); three prohibit commercial uses (BY-NC, BY-NC-ND, BY-NC-SA), and two require adaptations be licensed under the same license (BY-SA, BY-NC-SA).

Take note of the particular version of the license.

The current version (4.0) differs from prior versions in important respects. Similarly, the jurisdiction ports may differ in certain terms, such as dispute resolution and choice of law.

Scope of the license.

Pay attention to what exactly is being licensed.

The licensor should have marked which elements of the work are subject to the license and which are not. For those elements that are not subject to the license, you may need separate permission.

Consider clearing rights if you are concerned.

The license does not contain a warranty, so if you think there may be third party rights in the material, you may want to clear those rights in advance.

Some uses of licensed material do not require permission under the license.

If the use you want to make of a work falls within an exception or limitation to copyright or similar rights, you may do so. Those uses are unregulated by the license.

Know your obligations.

Provide attribution.

All CC licenses require you provide attribution and mark the material when you share it publicly. The specific requirements vary slightly across versions.

Do not restrict others from exercising rights under the license.

All CC licenses prohibit you from applying effective technological measures or imposing legal terms that would prevent others from doing what the license permits.

Determine what, if anything, you can do with adaptations you make.

Depending on what type of license is applied, you are limited in whether you can share your adaptation and if so, what license you can apply to your contributions.

Termination is automatic.

All CC licenses terminate automatically when you fail to comply with its terms. If the material is under a 4.0 license, you must fix the problem within 30 days of discovery if you want your rights automatically reinstated.

Consider licensor preferences.

Consider complying with non-binding requests by the licensor.

The licensor may make special requests when you use the material. We recommend you do so when reasonable, but that is your option and not your obligation.

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#####EOF##### Terms of Use - Creative Commons
Creative Commons > Terms of Use

Terms of Use

Creative Commons Master Terms of Use

Effective as of 25 May 2018

1. General Information Regarding These Terms of Use

Master terms: Welcome, and thank you for your interest in Creative Commons (“Creative Commons,” “CC,” “we,” “our,” or “us”). Unless otherwise noted on a particular site or service, these master terms of use (“Master Terms”) apply to your use of all of the websites that Creative Commons Corporation operates. These include https://creativecommons.org, https://wiki.creativecommons.org, https://network.creativecommons.org, https://search.creativecommons.org, https://labs.creativecommons.org, http://openpolicynetwork.org, http://open4us.org, https://rightsback.org, http://teamopen.cc, and http://thepowerofopen.org, together with all other subdomains thereof, (collectively, the “Websites”). The Master Terms also apply to all products, information, and services provided through the Websites, including without limitation the license chooser, legal tools, the CCID service available at https://login.creativecommons.org/login (“CC Login Service”), and the CC Global Network community website (together with the Websites, the “Services”).

Creative Commons does not operate the website at http://ccmixter.org.

Additional terms: In addition to the Master Terms, your use of any Services may also be subject to specific terms applicable to a particular Service (“Additional Terms”). If there is any conflict between the Additional Terms and the Master Terms, then the Additional Terms apply in relation to the relevant Service.

Collectively, the Terms: The Master Terms, together with any Additional Terms, form a binding legal agreement between you and Creative Commons in relation to your use of the Services. Collectively, this legal agreement is referred to below as the “Terms.”

Human-readable summary of Sec 1: These terms, together with any special terms for particular websites, create a contract between you and Creative Commons. The contract governs your use of all websites operated by Creative Commons, unless a particular website indicates otherwise. These human-readable summaries of each section are not part of the contract, but are intended to help you understand its terms.

2. Your Agreement to the Terms

BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING OR USING ANY OF THE SERVICES (INCLUDING THE LICENSES, PUBLIC DOMAIN TOOLS, AND CHOOSERS), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By clicking “I ACCEPT” or otherwise accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the Services on behalf of that entity.

Human-readable summary of Sec 2: Please read these terms and only use our sites and services if you agree to them.

3. Changes to the Terms

From time to time, Creative Commons may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Website(s) and notify those of you with a current CC Login Service account via email. All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.

Human-readable summary of Sec 3: These terms may change. When the changes are important, we will put a notice on the website. If you continue to use the sites after the changes are made, you agree to the changes.

Creative Commons is not a law firm, does not provide legal advice, and is not a substitute for a law firm. Sending us an email or using any of the Services, including the licenses, public domain tools, and choosers, does not constitute legal advice or create an attorney-client relationship.

Human-readable summary of Sec 4: Some of us are lawyers, but we aren’t your lawyer. Please consult your own attorney if you need legal advice.

5. Content Available through the Services

Provided as-is: You acknowledge that Creative Commons does not make any representations or warranties about the material, data, and information, such as data files, text, computer software, code, music, audio files or other sounds, photographs, videos, or other images (collectively, the “Content”) which you may have access to as part of, or through your use of, the Services. Under no circumstances is Creative Commons liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable.

You agree that you are solely responsible for your reuse of Content made available through the Services, including providing proper attribution. You should review the terms of the applicable license before you use the Content so that you know what you can and cannot do.

Licensing: CC-Owned Content: Other than the text of Creative Commons licenses, CC0, and other legal tools and the text of the deeds for all legal tools (all of which are made available under the CC0 Public Domain Dedication), Creative Commons trademarks (subject to the Trademark Policy), and the software code, all Content on the Websites is licensed under the Creative Commons Attribution 4.0 license, unless otherwise marked. See the CC Policies page for more information.

CC-Owned Code: All of CC’s software code is free software; please check our code repository for the specific license on software you want to reuse.

Search Tools: On some of its Websites, Creative Commons provides website search tools, including CC Search, which return Content based on any license information our search tools are able to locate and interpret. Those search tools may return Content that is not CC licensed, and you should independently verify the terms of the license attached to any Content you intend to use.

Human-readable summary of Sec 5: We try our best to have useful information on our sites, but we cannot promise that everything is accurate or appropriate for your situation. Content on the site is licensed under CC BY 4.0 unless it says it is available under different terms. If you find content through a link on our websites, be sure to check the license terms before using it.

6. Content Supplied by You

Your responsibility: You represent, warrant, and agree that no Content posted or otherwise shared by you on or through any of the Services (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.

Licensing Your Content: You retain any copyright that you may have in Your Content. You hereby agree that Your Content: (a) is hereby licensed under the Creative Commons Attribution 4.0 License and may be used under the terms of that license or any later version of a Creative Commons Attribution License, or (b) is in the public domain (such as Content that is not copyrightable or Content you make available under CC0), or (c) if not owned by you, (i) is available under a Creative Commons Attribution 4.0 License or (ii) is a media file that is available under any Creative Commons license or that you are authorized by law to post or share through any of the Services, such as under the fair use doctrine, and that is prominently marked as being subject to third party copyright. All of Your Content must be appropriately marked with licensing (or other permission status such as fair use) and attribution information.

Removal: Creative Commons may, but is not obligated to, review Your Content and may delete or remove Your Content (without notice) from any of the Services in its sole discretion. Removal of any of Your Content from the Services (by you or Creative Commons) does not impact any rights you granted in Your Content under the terms of a Creative Commons license.

Human-readable summary of Sec 6: We do not take any ownership of your content when you post it on our sites. If you post content you own, you agree it can be used under the terms of CC BY 4.0 or any future version of that license. If you do not own the content, then you should not post it unless it is in the public domain or licensed CC BY 4.0, except that you may also post pictures and videos if you are authorized to use them under law (e.g., fair use) or if they are available under any CC license. You must note that information on the file when you upload it. You are responsible for any content you upload to our sites.

7. Participating in the CCGN and Community: Registered Users

By registering for an account through any of the Services, including securing a CC Login Service account, or applying for membership to the CCGN, you represent and warrant that you are the age of majority in your jurisdiction (typically age 18). Services offered to registered users are provided subject to these Master Terms, the CC Privacy Policy, and any Additional Terms specified on the relevant Website(s), all of which are hereby incorporated by reference into these Terms.

Registration: You agree to (a) only provide accurate and current information about yourself (though use of an alias or nickname in lieu of your legal name is encouraged in connection with the CC Login Service), (b) maintain the security of your passwords and identification, (c) promptly update the email address listed in connection with your account to keep it accurate so that we can contact you, and (d) be fully responsible for all uses of your account. You must not set up an account on behalf of another individual or entity unless you are authorized to do so.

No Membership in CC: Creating a CC Login Service account or using any of the related Websites or Services, including becoming a member of the CCGN, does not and shall not be deemed to make you a member, shareholder or affiliate of Creative Commons for any purposes whatsoever, nor shall you have any of the rights of statutory members as defined in Sections 2(3) and 3 of Chapter 180 of the General Laws of Massachusetts or any other law.

Termination: Creative Commons reserves the right to modify or discontinue your account or your membership in the CCGN at any time for any reason or no reason at all.

Human-readable summary of Sec 7: Please do not register for an account on our sites unless you are 18 years old. CC has the right to end your account at any time. You are responsible for use of your account. And of course, please do not set up an account for someone else unless you have permission to do so. Setting up an account doesn’t make you a member of CC.

8. Prohibited Conduct

You agree not to engage in any of the following activities:

1. Violating laws and rights:

  • You may not (a) use any Service for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

2. Solicitation:

  • You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.

3. Disruption:

  • You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.

4. Harming others:

  • You may not post or transmit Content on or through the Services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;
  • You may not intimidate or harass another through the Services; and, you may not post or transmit any personally identifiable information about persons under 13 years of age on or through the Services.

5. Impersonation or unauthorized access:

  • You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services;
  • You may not use or attempt to use another’s account or personal information without authorization; and
  • You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means.

Human-readable summary of Sec 8: Play nice. Be yourself. Don’t break the law or be disruptive.

9. Creative Commons Global Network (“CCGN”)

By submitting your application to become a member of the CCGN at network.creativecommons.org, you acknowledge that you have read, understood, and, in the event you are accepted for membership, agree to be bound by the CCGN Charter, including the Code of Conduct and the policies referenced and incorporated therein. If you are admitted to the CCGN, these terms and the CCGN Charter shall govern your use of and participation in the CCGN, including your participation in any forum operated by the CCGN, such as platforms, chapters, and working groups. Note that your participation in such fora may also be governed by additional rules and guidelines for doing so. Please see CC’s Privacy Policy for more information about how your information (as an applicant, member, and voucher) will be used.

Human-readable summary of Sec 9: When you join the CCGN, you agree to certain policies. Please read them before you apply. 

10. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CREATIVE COMMONS OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CREATIVE COMMONS DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY CC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CREATIVE COMMONS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

Human-readable summary of Sec 10: CC does not make any guarantees about the sites, services, or content available on the sites.

11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CREATIVE COMMONS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF CREATIVE COMMONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CREATIVE COMMONS IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.

Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Human-readable summary of Sec 11: CC is not responsible for the content on the sites, your use of our services, or for the conduct of others on our sites.

12. Indemnification

To the extent authorized by law, you agree to indemnify and hold harmless Creative Commons, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use of any of the Services, and/or (c) the Content you make available on any of the Services.

Human-readable summary of Sec 12: If something happens because you violate these terms, because of your use of the services, or because of the content you post on the sites, you agree to repay CC for the damage it causes.

13. Privacy Policy

Creative Commons is committed to responsibly handling the information and data we collect through our Services in compliance with our Privacy Policy, which is incorporated by reference into these Master Terms. Please review the Privacy Policy so you are aware of how we collect and use your personal information.

Human-readable summary of Sec 13: Please read our Privacy Policy. It is part of these terms, too.

14. Trademark Policy

CC’s name, logos, icons, and other trademarks may only be used in accordance with our Trademark Policy, which is incorporated by reference into these Master Terms. Please review the Trademark Policy so you understand how CC’s trademarks may be used.

Human-readable summary of Sec 14: Please read our Trademark Policy. It is part of these terms, too.

Creative Commons respects copyright, and we prohibit users of the Services from submitting, uploading, posting, or otherwise transmitting any Content on the Services that violates another person’s proprietary rights.

To report allegedly infringing Content hosted on a website owned or controlled by CC, send a Notice of Infringing Materials as set out in CC’s Digital Millennium Copyright Act (“DMCA”) Notice & Takedown Procedure.

Please note that Creative Commons does not host the Content made available through CC Search. You should contact the web site or service hosting the Content to have it removed.

Human-readable summary of Sec 15: Please let us know if you find infringing content on our websites.

16. Termination

By Creative Commons: Creative Commons may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by Creative Commons at any time and for any reason.

By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time.

Automatic upon breach: Your right to access and use the Services (including use of your CC Login Service account) automatically upon your breach of any of the Terms. For the avoidance of doubt, termination of the Terms does not require you to remove or delete any reference to previously-applied CC legal tools from your own Content.

Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. The license grants applicable to Your Content are not impacted by the termination of the Terms and shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations will survive for one year after termination.

Human-readable summary of Sec 16: If you violate these terms, you may no longer use our sites.

17. Miscellaneous Terms

Choice of law: The Terms are governed by and construed by the laws of the State of California in the United States, not including its choice of law rules.

Dispute resolution: The parties agree that any disputes between Creative Commons and you concerning these Terms, and/or any of the Services may only brought in a federal or state court of competent jurisdiction sitting in the Northern District of California, and you hereby consent to the personal jurisdiction and venue of such court.

  • If you are an authorized agent of a government or intergovernmental entity using the Services in your official capacity, including an authorized agent of the federal, state, or local government in the United States, and you are legally restricted from accepting the controlling law, jurisdiction, or venue clauses above, then those clauses do not apply to you. For any such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding its choice of law rules).

No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.

Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Creative Commons as a result of the Terms or from your use of any of the Services.

Integration: These Master Terms and any applicable Additional Terms constitute the entire agreement between you and Creative Commons relating to this subject matter and supersede any and all prior communications and/or agreements between you and Creative Commons relating to access and use of the Services.

Human-readable summary of Sec 17: If there is a lawsuit arising from these terms, it should be in California and governed by California law. We are glad you use our sites, but this agreement does not mean we are partners.

Note about Reusing these Terms of Use.

The Creative Commons Terms of Use are dedicated to the public domain under the Creative Commons CC0 Public Domain Dedication. You are free to use and adapt these Master Terms and any applicable Additional Terms for your own purposes. However, please keep in mind that these Terms may not be completely suitable for your situation. Creative Commons strongly encourages you to seek the advice of your own attorney before repurposing these Terms on your own site.

#####EOF##### Contact - Creative Commons
Creative Commons > What we do > Contact

Contact

Many questions are answered in our FAQ and you can find out more about our global affiliate network here. If you are unable to find your answer via our FAQ or website please be in touch regarding our website, general information or press at: info@creativecommons.org.

  • This field is for validation purposes and should be left unchanged.

Mailing Address and phone number

Please note: we are a distributed team working all over the world. We don’t have an office, but if you need to mail us correspondence, please send it to:

Creative Commons
PO Box 1866
Mountain View, CA 94042
USA

Or if you would like to mail us a donation, please send it to this address instead:

Creative Commons Corporation
P. O. Box 741107
Los Angeles, CA 90074-1107

Our phone number is:

+1415-429-6753

The best way to contact us is to write to info@creativecommons.org.

Reporting bugs and problems with a Creative Commons website, license, wiki or project webpage

You can write to us using the form above, or you can file an issue on GitHub.

 

Get Involved

There are numerous ways to connect with CC. Learn more

Copyright infringement notifications

If you have reason to believe that any material or activity on a site controlled or operated by Creative Commons (such as creativecommons.org or wiki.creativecommons.org is infringing of the right(s) owned by you or someone else, for whom you have authority to act, please follow our DMCA Notice & Takedown Procedure.

Complaints about financial impropriety and other misconduct

As a nonprofit entity, the integrity of CC’s financial information is paramount. We have adopted Codes of Conduct that prohibit financial impropriety and protect whistle blowers who bring such irregularities to our attention. Additionally, we take seriously other misconduct that may involve the violation of our policies including, but not limited to, harassment.

If you are aware of any conduct prohibited by law or by our policies, you are encouraged to make a complaint, anonymously if you wish, to the members of the company’s Audit Committee. The email address for such complaints is audit@creativecommons.org which will forward your message automatically to the members of the Audit Committee. The Committee members are identified on our Board page. You may also submit a complaint by post or fax to the attention of “Audit Committee” at our Mountain View address.

Creative Commons is a Massachusetts-chartered 501(c)(3) tax-exempt charitable corporation. For more information, see the corporate charter, by-laws, most recent tax return and most recent audited financial statement.

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#####EOF##### Creative Commons — Attribution-ShareAlike 3.0 Unported — CC BY-SA 3.0
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Creative Commons License Deed

Attribution-ShareAlike 3.0 Unported (CC BY-SA 3.0)

This is a human-readable summary of (and not a substitute for) the license. Disclaimer.

You are free to:

  • Adapt — remix, transform, and build upon the material
  • for any purpose, even commercially.
  • The licensor cannot revoke these freedoms as long as you follow the license terms.

Under the following terms:

  • Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.

  • ShareAlike — If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.

  • No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.

Notices:

  • You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.
  • No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
#####EOF##### License Versions - Creative Commons

License Versions

From Creative Commons
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This page identifies the principal improvements to the Creative Commons license suite since the publication of the first licenses (version 1.0) in December 2002, through the current version 4.0, published November 2013. It also highlights important similarities and differences among the major license versions. For more information on using CC tools or works offered under Creative Commons licenses, consult the Frequently Asked Questions page. For a further historical perspective, you are invited to review deprecated CC legal tools identified on the retired legal tools page.

Please note that the summaries below may not reflect all changes between license versions or fully or accurately describe the differences between them. CC cannot provide legal advice, and what follows is not legal advice. What follows below is a general description of differences and similarities between the license versions, for general informational purposes only. Consult your own attorney if you are in need of legal advice.

Contents

License Versioning History

The chart below presents the major license versions, launch dates, and blog posts announcing major public comment periods, the launch of each license suite, and improvements. It does not reference the unfinished version 3.x (3.01 or 3.5) licenses, which did not include active public consultation and were never published. Version 4.0 is the premier, recommended Creative Commons license suite.

License version [1] Release date Calls for public comment Launch announcement Explanation of changes from prior version
1.0 2002 Dec 16 Creative Commons Unveils Machine-Readable Copyright Licenses
2.0 2004 May 25 Versioning -- Public Review Begins Announcing (and explaining) our new 2.0 licenses Announcing (and explaining) our new 2.0 licenses
2.5 2005 June Tweaking CC's Standard Attribution Language -- An Invitation to Comment Comments Period Drawing to a close for Draft License Version 2.5
3.0 2007 Feb 23 Version 3.0 -- Public Discussion Launched Version 3.0 Launched Creative Commons Version 3.0 Licenses -- A Brief Explanation
4.0 2013 Nov 25 CC’s Next Generation Licenses — Welcome Version 4.0!
  1. ↑ Note that CC released a version 2.1 suite for jurisdictions like Spain, Australia, and Japan, whose localized ports of the 2.0 suite contained errors.

International License Development Process

Creative Commons develops, releases, and updates its public copyright licenses (and other legal tools) via an open and inclusive process of engagement with Creative Commons’ global network of attorneys and affiliates, as well as varied communities and constituents. The process culminates in the publication of the preferred, most up-to-date set of CC licenses for use around the world. Creative Commons released its latest version of the licenses in November 2013, the 4.0 international licenses.

The public license development process includes the publication of drafts, formal comment periods, and transparent decision-making. In recognition of its stewardship role, CC has also made public commitments about the development of its ShareAlike licenses: the Statement of Intent for Attribution-ShareAlike licenses following the publication of 3.0. After publication of 4.0, Creative Commons posted for public comment a continuation of that statement, but that has not been finalized for lack of demonstrated need or interest of the community.

While each version of licenses is drafted to conform with copyright law, the version 4.0 license suite includes significant improvements to ensure the licenses operate well internationally. Through extensive consultation with our global network of legal affiliates, the 4.0 international license suite is designed for use in jurisdictions around the world, without the need for localization beyond translation. CC has an established a policy for official translations of the 4.0 licenses as well as other legal tools.

Prior to version 4.0, Creative Commons granted permission to legal experts around the world to adapt (or “port”) the licenses where necessary to more fully align the text with the laws of different legal jurisdictions, and to translate the licenses to the local language(s). For the 4.0 suite, every effort has been made to avoid the need to port (though we will support official language translations). CC may consider requests to port the 4.0 suite in 2014, but only where a compelling need is demonstrated. If CC decides to consider requests, in no case will CC grant permission if the basis for doing so is to include a choice of law or if the change presented would otherwise alter the basic operation of the licenses. CC will post more information on the topic of porting in Q2 of 2014.

License Suite Versions

The chart below and linked explanations that follow detail some of the improvements and important similarities among Creative Commons license versions. Some of the explanations contain links to further information on the topic.

General license features

License Suite Version 1.0 2.0 2.5 3.0 4.0
All international (unported/generic) and ported licenses
Nomenclature (for unported licenses) Generic license Generic license Generic license International (unported) license International license
License scope (beyond copyright)
Express permission granted under sui generis database rights No No No EU ports only Yes
License conditions apply to sui generis database rights No Few ports only Few ports only No Yes
Treatment of moral rights Not addressed Not addressed Not addressed Varied Waived/not asserted
Trademark and patent explicitly reserved No No No No Yes
Other license features
Representations and warranties from licensor included Yes No No No No
Licensor expressly waives rights to enforce, and grants permission to circumvent, technological protection measures No No No No Yes
Automatic reinstatement after termination if violations corrected No No No No Yes, if corrected within 30 days
Express reservation of right by collecting society to collect royalty Not addressed Expressly waived where possible Expressly waived where possible Expressly waived where possible Expressly waived where possible
Element-specific features
Compatibility mechanism in BY-SA licenses same license only same license, later versions, or ports same license, later versions, or ports same license, later versions, ports, or CC-designated compatible licenses same license, later versions, CC-designated compatible licenses (including designated ports)
Compatibility mechanism in BY-NC-SA licenses No No No No Yes
Adaptations of SA material usable under conditions of adapter's license Yes (because adapter's license had to be same license) No No No Yes
Adaptations of NoDerivatives material permitted when not shared No No No No Yes

Attribution-specific elements

License Suite Version 1.0 2.0 2.5 3.0 4.0
Attribution reasonable to means, medium, and context Medium and means, with exceptions Medium and means, with exceptions Medium and means, with exceptions Medium and means, with exceptions Explicit
Reasonableness applies to all attribution requirements All but license notices All but license notices All but license notices All but license and copyright notices All
Licensors may name other attribution parties Implied Implied Implied Explicit Explicit
Licensors may request removal of attribution Adaptations and collections only Adaptations and collections only Adaptations and collections only Adaptations and collections only Always
Title of work required Yes Yes Yes Yes No
URI required No If contains copyright notice or licensing information If contains copyright notice or licensing information If contains copyright notice or licensing information Yes
"No endorsement" clause included No No No Yes Yes
Modifications must be indicated No No No Yes, but only adaptations Yes

Detailed attribution comparison chart

1.0 2.0 3.0 4.0
Author if supplied Author if supplied Author if supplied and attribution parties if designated in copyright notice, TOS, or other reasonable means Creator if supplied and attribution parties if designated in reasonable manner
Copyright notices if supplied Copyright notices if supplied Copyright notices if supplied Copyright notice if supplied
Title if supplied Title if supplied Title if supplied N/A
Notices that refer to Public License and the disclaimer of warranties if supplied Notices that refer to Public License and the disclaimer of warranties if supplied Notices that refer to Public License and the disclaimer of warranties if supplied Notice that refers to Public License and notice that refers to the disclaimer of warranties if supplied
N/A To the extent practicable, URI licensor specifies to be associated with the work (but only if references copyright notice or licensing info) To the extent practicable, URI licensor specifies to be associated with the work (but only if references copyright notice or licensing info) To the extent practicable, URI or link to the material if supplied
If adaptation, credit indicating Work has been used If adaptation, credit indicating Work has been used If adaptation, credit indicating Work has been used and reasonable steps taken to identify that changes were made to the original Indicate if you modified the material; retain an indication of previous modifications
Text/URI for Public License Text/URI for Public License Text/URI for Public License Indicate the material is available under Public License and include text/URI/link
If collection or adaptation, remove reference to author and licensor upon request to the extent practicable If collection or adaptation, remove reference to author and licensor upon request to the extent practicable If collection or adaptation, remove reference to author and licensor upon request to the extent practicable Remove attribution information upon request to the extent reasonably practicable
Copyright notice, author, title, credit noting use of original in adaptation – all may be implemented in any reasonable manner, so long as at least as prominent as other authorship credit if an adaptation or collection Copyright notice, author, title, URI, credit noting use of original in adaptation – all may be implemented in any reasonable manner, so long as at least as prominent as other authorship credit if an adaptation or collection Author, title, URI, credit noting use of original in adaptation -- all reasonable to medium and means All reasonable to medium, means, and context


Features remaining unchanged

License Features

Nomenclature (for international licenses)

The 4.0 licenses are referred to as "international."

Version 3.0 licenses were referred to as "unported" licenses until 2010, at which point they were re-branded as the "international" licenses. At that point, CC added a global flag to the licenses and deeds and changed the reference in the Chooser (among other things). In the 1.0, 2.0, and 2.5 versions, the international licenses were called the “generic” licenses. The generic licenses were drafted to conform with U.S. copyright law.

Starting with version 3.0, Creative Commons drafted its core suite of licenses to conform to relevant international treaties and drafting conventions. In this sense, version 3.0 and the current 4.0 international license suites are jurisdiction-agnostic: these licenses do not mention and are not drafted against any particular jurisdiction's laws or statutes. They are intended to function without adjustment in all jurisdictions around the world.

License scope (beyond copyright)

Sui generis database rights

The 4.0 international suite licenses database rights along with copyright. Where the use of a database under a CC license implicates sui generis database rights, whether or not copyright is implicated, that use is subject to the terms and conditions of the license. If sui generis rights are not implicated—for example, if the use is in a jurisdiction where these rights do not exist, or if the database is not protected by the laws of a jurisdiction where such rights exist— such uses are not regulated by the license if copyright or neighboring rights do not apply. A few early (2.0, 2.5) European jurisdiction license ports also licensed database rights subject to the terms and conditions of the license.

In 3.0, the international (unported) license suite does not mention sui generis rights. However, ported 3.0 licenses for jurisdictions where those rights exist address them according to CC's 3.0 database rights policy. Under this policy, version 3.0 EU jurisdiction ports must license sui generis rights subject to the terms and conditions of the license just like copyright and neighboring rights, but also must waive license restrictions and conditions (attribution, ShareAlike, etc) for uses triggering database rights—so that if the use of a database published under a CC license implicated only database rights but not copyright, the CC license requirements and prohibitions would not apply to that use. The license conditions and restrictions, however, continue to apply to all uses triggering copyright. Other ports and the 3.0 international license are silent on sui generis database rights: databases and data are licensed (i.e., subject to restrictions detailed in the license) to the extent copyrightable, and if data in the database or the database itself are not copyrightable the license restrictions do not apply to those parts (though they still apply to the remainder). Thus, regardless of the CC 3.0 license at play (unported, an EU port, another port), uses that implicate only database rights will not trigger the license conditions, while uses that implicate copyright will.

Neither the international nor the ported licenses that address database rights export the sui generis rights to jurisdictions where such rights are not recognized (the ported licenses accomplish this as well through inclusion of a territoriality limitation). This avoids the imposition of restrictions based on sui generis rights via contract where those rights are not enforceable or recognized. You may compare how different jurisdictions implemented this section of the license.

Treatment of moral rights

In version 4.0, moral rights are waived to the limited extent necessary to exercise the licensed rights.

While the existence and extent of moral rights differ by jurisdiction, the most consistently present rights are those of attribution and integrity (the right to prevent or halt the prejudicial use of one’s work by another). The 1.0, 2.0, and 2.5 licenses were drafted to conform to U.S. law, and because U.S. law recognizes moral rights in only very limited circumstances, the generic versions of those licenses suites do not address moral rights of authors.

The international licenses began to address moral rights in version 3.0. In version 4.0, moral rights are waived or not asserted to the extent possible under local law, to the limited extent they would otherwise interfere with exercise of the licensed rights. This avoids establishing moral rights through the license where they would not otherwise exist, but recognizes that there are jurisdictions where this limited waiver is not possible. The attribution requirements in Section 3 of the 4.0 licenses may satisfy many jurisdictions' right of attribution; however, they are a requirement of the license regardless of whether moral rights apply to a use.

In the 3.0 license suite, CC addressed moral rights in the international (unported) licenses. CC did not include a waiver of those rights in the international licenses. Instead, the licenses specifically instruct users that they “must not distort, mutilate, modify or take other derogatory action in relation to the Work which would be prejudicial to the Original Author's honor or reputation.” The only exception is where the right to make adaptations would be considered prejudicial to the author's honor and reputation, in which case the licensor waives or agrees not to assert their moral right in order to allow adaptations to be made. The attribution requirement is designed in part to satisfy the right of attribution. In the porting process, some jurisdictions slightly adjusted this provision, with CC’s permission, to specify that moral rights are waived to the extent necessary to effect the license to the degree a waiver is possible under applicable law. You may compare how different jurisdictions implemented this section of the license.

Trademark and patent explicitly not licensed

In the 4.0 licenses, trademark and patent rights are expressly mentioned as not among the rights licensed.

No CC license version licenses patent and trademark rights along with copyright. These rights are treated separately and are not covered by the license. In 4.0, this was made explicit to avoid confusion. However, in all license versions, implied licenses may come into play where these rights would interfere with exercise of the rights granted by the CC license.

Attribution and marking

Attribution reasonable to means, medium, and context

In 4.0, the manner of attribution is explicitly allowed to be reasonable to the means, medium, and context of how one shares a work.

In the 1.0, 2.0, 2.5, and 3.0 licenses, attribution may be reasonable to the medium or means, and applied to all elements other than certain notices where the requirement is firm. In 4.0, this explicit permission applies to the medium, means, and context of use. We believe this to be a clarification rather than a change: attribution reasonable to the means, medium, and context of use should be permissible for works under any CC license. Additionally, the pre-4.0 licenses specified that credit in adaptations and collections should be at least as prominent as credits for other authors; 4.0 is not specific in this regard.

Reasonableness applies to all attribution requirements

In 4.0, all attribution requirements may be fulfilled reasonable to the means, medium, and context of the use.

In earlier license versions, compliance reasonable to means and medium of use was not expressly permitted for all elements, as certain notices were excluded; however, in 4.0 these are included in the elements that may be fulfilled in a reasonable manner.

Credit to others explicit

In 4.0, proper attribution requires credit to designated others where supplied by the licensor.

In the 1.0 and 2.0 licenses, CC licenses contemplated crediting the author only. Versions 2.5 and 3.0 allow licensors to identify another party or organization for attribution (called an “Attribution Party” in these licenses). This feature was introduced in part to alleviate burdensome or difficult attribution situations, such as when many people contribute to a collaborative effort and agree to be credited as a collective body. In licenses with this feature, licensors may designate another party for attribution purposes—such as a sponsor institute, publishing entity or journal—in addition to or instead of the author. You may review some of the concerns raised when CC proposed this change.

Licensors may request removal of attribution

In the 4.0 licenses, a user must remove attribution from a work at the creator's request to the extent it is reasonably practicable to do so. This is true whether the work is modified or unmodified.

All license versions after version 1.0 require attribution. However, legislation in many countries gives authors the right to control the use of their name in association with their works. Therefore, CC licenses require licensees to remove attribution to the creator at his or her request, where it would otherwise be required to include it. In 2.0, 2.5, and 3.0, credit must be removed from adaptations and collections, to the extent practicable, at the creator’s request. In 4.0, the creator may also request removal of credit from the unmodified work.

Title required

The title is not required for proper attribution in the 4.0 licenses. It is required in all earlier versions.

Beginning in version 1.0, one of the requirements for proper attribution was to include the title of the licensed work; this requirement was kept in versions 2.0, 2.5, and 3.0. In Version 4.0, this requirement was eliminated to increase flexibility and ease of compliance, particularly as many works do not have titles. Users are still encouraged to include titles where supplied.

URI required

For 4.0 licensed materials, a URI is required for proper attribution, if it is reasonably practicable to include.

The version 1.0 licenses contained no URI requirement. In version 2.0, CC introduced the requirement to retain a URI associated with a licensed work for proper attribution if it contains copyright notices or licensing information; this was kept through 2.5 and 3.0. In version 4.0, CC reconsidered this requirement. However, it was retained based on feedback from current and potential adopters that it is important for provenance, branding, and other reasons; a URI associated with the work is required as part of attribution if reasonably practicable to retain, regardless of whether it contains copyright notices or licensing information.

"No endorsement" clause included

In version 4.0, the license is clear that it should not be construed as giving permission to suggest the licensor endorses their use and similar.

In some jurisdictions, wrongfully implying that an author, publisher, or anyone else endorses a particular use of a work may be unlawful. Though not explicitly mentioned in the 1.0, 2.0, or 2.5 licenses, this has always been the case. The version 3.0 licenses contain an express no endorsement clause. In version 4.0, this clause is expressed as a limitation on the rights granted by the licensor.

Modifications and adaptations must be indicated

In the 4.0 license suite, licensees are required to indicate if they made modifications to the licensed material. This obligation applies whether or not the modifications produced adapted material. As with all other attribution and marking requirements, this may be done in a manner reasonable to the means, medium, and context. For example, "This section is an excerpt of the original." For trivial modifications, such as correcting spelling errors, it may be reasonable to omit the notice.

In the 3.0 suite, the obligation to indicate if modifications have been made applies if they result in the creation of an adaptation (when allowed by the license). Versions 1.0, 2.0, and 2.5 do not contain this requirement directly; however, the requirement in those licenses that the original work be credited if used in an adaptation (e.g., "French translation of the Work by Original Author") is some indication that the work has been modified. Even when not required, licensees are encouraged to indicate the material has been modified, and ideally (when reasonable) to describe or specify the changes made.

Other license features

Representations and warranties from licensor included

In version 4.0, the licensor does not provide representations and warranties regarding the licensed content.

In the 1.0 license suite, the licensor extends warranties—for instance, that the work does not infringe the work of another. These warranties were eliminated in all subsequent license versions. Versions 2.0, 2.5, 3.0 and 4.0 explicitly offer the work “AS IS” and disclaim all liabilities to the extent allowable by law. In 4.0, an interpretation clause was added to help ensure that the disclaimer would be interpreted as intended given variations in local law. Of course, licensors may continue to offer warranties and specialized disclaimers separately from the license.

Some ports of 3.0 include warranties where they may not be disclaimed under local law. You may compare how different jurisdictions implemented this section of the license.

Licensor expressly waives rights to enforce, and grants permission to circumvent, technological protection measures

Version 4.0 includes an explicit waiver of, or agreement not to assert, any right licensor may otherwise have to enforce anti-circumvention of any effective technological measures applied to licensed material. CC licensors may apply such measures to their own licensed material, but the 4.0 licenses ensure that, to the extent possible, users are able to exercise the licensed rights when applied by or with the permission of the licensor. To reinforce this, the version 4.0 licenses also expressly grant permission to circumvent those measures.

It is always possible for a licensor to upload his or her own work to a platform that applies technological protection measures, even though the licensor chooses to use a CC license. The permission for a third-party platform to apply ETMs is separate from the CC license, and the CC license cannot restrict that additional permission because CC licenses are nonexclusive. In many jurisdictions, that third party may be able to enforce ETMs through civil or criminal anti-circumvention laws even though the licensor has waived or agreed not to assert any such right under the CC license. Licensees should make themselves aware of any legal limits on their ability to circumvent ETMs in advance of doing so.

In versions 1.0, 2.0, 2.5, and 3.0, the waiver of any right to enforce and the permission to circumvent are not express; however, this does not preclude any implied right to do so that may exist.

Automatic restoration of rights after termination if license violations corrected

In version 4.0, licensees may regain their rights to use licensed material after the license terminates by correcting a license violation within 30 days of discovering it.

In all license versions, a breach of the license terms results in automatic termination. Under versions 1.0, 2.0, 2.5, and 3.0, express permission from the licensor is required for licensees to regain their rights to use the work. In version 4.0, a new provision allows the rights to be automatically reinstated without express permission from the licensor, provided that the violation is corrected within 30 days of its discovery. This is similar to provisions in a handful of other public licenses.

In all versions, a licensor may of course reinstate permissions at any time.

Collecting societies regimes addressed

Under 4.0, licensors waive any right to collect royalties under collecting society schemes if they have chosen licenses permitting commercial uses. A licensor may collect royalties for commercial uses for works under the NonCommercial licenses.

Many users of Creative Commons licenses are members of collective rights societies like ASCAP, BMI, BUMA/STEMRA, and others that manage copyright on behalf of owners. Every license version from the 2.0 suite onward contains clauses that account for the existence of those arrangements. They provide, for instance, that for works offered under a NonCommercial license, the licensor retains the right to collect royalties for commercial uses of the work. The structure of the provisions in the 2.0 and 2.5 licenses differs from that in the version 3.0 and 4.0 licenses. The 2.x licenses specifically regulate music, sound recordings, and webcasting. As those licenses were ported to different jurisdictions, those provisions were adjusted to conform to the local collecting society situation.

The version 3.0 licenses and later employ a broad, harmonized strategy to collective rights societies. This strategy still allows jurisdictions to adopt an approach that best aligns with local law and society structure in the 3.0 licenses, but also ensures that the approach is implemented consistently across jurisdictions. In the international license, as regards compulsory royalty collection, the licensor reserves any right they have to collect those royalties in jurisdictions in which collection cannot be waived. In those jurisdictions in which compulsory royalty collection can be waived, the right to collect royalties is waived completely for those licenses that permit commercial use, and is reserved for commercial uses in those licenses that permit NonCommercial use only. For voluntary royalty schema, the licensor reserves the right to collect royalties for commercial uses in those licenses that permit NonCommercial use only, and waives the right to collect such royalties for licenses permitting commercial use. This clause covers both individual royalty collection and, in the event that the licensor is a member of a collecting society that collects such royalties, collection via such societies to the extent permitted by law. Some ports of the version 3.0 licenses include only those clauses that address the particular situation in the jurisdiction. Others have adopted all the language from the international license in hopes of international harmonization, or out of concern that their jurisdiction’s regime may change. You may compare how different jurisdictions implemented this section of the license.

License-specific features

Compatibility mechanism in BY-SA licenses

Under the 4.0 licenses, licensees may use licenses designated by CC as compatible for their contributions to adapted material.

The ShareAlike licenses require that licensees make their contributions to adapted material available under the same terms and conditions, or, where the license allows, under a license designated by CC as compatible. The version 1.0 ShareAlike licenses require that adaptations be made under exactly the same license as applied to the original work. Starting with the release of the 2.x license suites, CC expanded compatibility by allowing contributions to adapted material to be created under the same or later version of the original license, including other ported versions of the same or later version of the license. The 3.0 Attribution-ShareAlike goes one step further, by allowing those contributions to be licensed under under a “Creative Commons Compatible License,” defined to mean licenses approved by CC as essentially equivalent to the 3.0 Attribution-ShareAlike license.

To date, CC has not approved any other licenses as compatible. However, CC will develop a compatibility process shortly following launch of the 4.0 licenses, and begin evaluating other licenses. You can view the list of compatible licenses, and a post about the upcoming compatibility process. You may also want to review CC’s statement of intent for the Attribution-ShareAlike licenses, and a draft statement that sets out further principles for the ShareAlike licenses.

Compatibility mechanism in BY-NC-SA licenses

In the 4.0 licenses, the same compatibility mechanism is present in the BY-NC-SA license as in BY-SA. Adapted material may be licensed under BY-NC-SA, version 4.0 or later, or any license CC has designated as compatible. To date, CC has not identified any other licenses as compatible; the process and criteria will be maintained on the compatibility page. There is no compatibility mechanism in the 1.0, 2.0, 2.5, or 3.0 versions of BY-NC-SA.

Adapted material usable under conditions of adapter's license

In version 4.0, CC added a provision in the ShareAlike licenses that enables downstream licensees to refer only to the adapter’s license when using adapted material that contains the copyrightable contributions of multiple authors. This feature is designed to minimize complexity for reusers where they are using a later version of the ShareAlike license or a compatible license as their adapter's license. In 4.0, users need only refer to a single set of conditions contained in the last license applied to reuse adapted material, rather than parsing the conditions of the original and other adapter's licenses (to the extent the licenses differ).

In all cases, the licenses stack (the later license does not supplant all previously-applied licenses) when adapted material is created. In particular, the license originally applied to the material being remixed continues to apply once remixed, however permission is given in 4.0 for licensees to meet the conditions of the 4.0 license with reference to those in the adapter's license.

Prior to the 4.0 versioning process, CC had not always been clear that the ShareAlike licenses stacked just as they stack for the BY and BY-NC licenses, and reasonable minds do differ on this point. CC believes, however, that this is the best reading of its all of its licenses that permit adaptations prior to 4.0 and, now, has made that explicit in version 4.0.

Adaptations of NoDerivatives material permitted when not shared

In Version 4.0, licensees are granted permission to create adaptations of material licensed under one of the NoDerivatives licenses, but not permission to share the adaptations publicly.

In general, private personal use does not require the permission of the licensor and, therefore, does not require that the conditions of the CC license be followed. In 4.0, NoDerivatives is a partial rather than an absolute limitation on the rights granted. It does not restrict the production of adaptations (an exclusive right of creators under copyright), but it does prohibit the public sharing of those adaptations (also an exclusive right of creators under copyright). This change enables private activities that may result in the creation of adaptations whether intentionally or unintentionally, such as adaptations made in the course or as a result of text and data mining.

The creation of adaptations in connection with those and other activities are not permitted under the 3.0 and earlier versions absent an applicable exception or limitation.

Features remaining unchanged across license versions

Attribution required

All of the CC licenses require attribution where "BY" is a license element, which is all but five of the eleven version 1.0 licenses.The required mode of attribution differs slightly among the versions, and is progressively more flexible with each version. The version 1.0 suite is unique because it contains five CC licenses that do not require attribution. All subsequent license suites make attribution a standard requirement, though the licensor may request removal in certain circumstances. It is also possible under all license versions for a licensor to release works anonymously, and to waive the requirement by not providing authorship information. Where an element of attribution information is not provided by the licensor, the licensee is not required to provide it.

Definition of "NonCommercial"

While the Creative Commons licenses have evolved over time, the scope of permitted uses under the NonCommercial licenses has remained unchanged across all license suites. (In 4.0, there was a small adjustment to the wording of the definition which was not intended to change its scope.) The NonCommercial clause prohibits the exercise of rights granted under the NonCommercial licenses “in any manner that is primarily intended for or directed toward commercial advantage or monetary compensation.” In 2008, Creative Commons conducted a study on the meaning of NonCommercial in the online environment.

During the 4.0 process, CC took another look at the role of these licenses in general as well as the NonCommercial definition, and considered a name change to "Commercial Rights Reserved". The ultimate decision was to leave unchanged the license name and definition.

Application of effective technological measures by users of CC-licensed works prohibited

All CC license versions prohibit licensees (as opposed to licensors) from using effective technological measures such as “digital rights management” software to restrict the ability of those who receive a CC-licensed work to exercise rights granted under the license. To be clear, encryption or an access limitation is not necessarily a technical protection measure prohibited by the licenses. For example, content sent via email and encrypted with the recipient's public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a set of users (e.g., with a username and password) does not restrict use of the work by the recipients. In the cases above, encryption or an access limitation does not violate the prohibition on technological measures because the recipient is not prevented from exercising all rights granted by the license (including rights of further redistribution).

This treatment was re-evaluated during the public process leading to release of the version 3.0 license suite. CC considered arguments in favor of such measures, coupled with an obligation of parallel distribution; these arguments were also reconsidered during the 4.0 process. However, in both versioning processes, those arguments were ultimately rejected.

Note that in 4.0, CC introduced a definition of Effective Technological Measures. This definition is not intended to change the scope of what is and is not allowed, but instead provide long-needed clarification over the scope of the prohibition.

Exceptions and limitations unaffected

All CC licenses only govern uses that would otherwise be restricted by copyright and other closely related rights as provided in the licenses. If a use is not regulated by virtue of an applicable exception or limitation, the license does not apply and there is no need to follow the license conditions. The licenses do not create obligations where they would not otherwise exist.

Effective for all copyrightable material

All Creative Commons license versions may be used with all copyrightable works (though CC recommends against using its licenses for computer software). Such works include compilations of data that exhibit the requisite level of creativity for copyright protection under applicable law. Thus, to the extent compilations of data are protected by copyright, Creative Commons licenses are suitable licenses for granting permission to exercise that right. For the avoidance of doubt, version 3.0 and 4.0 licenses explicitly identify compilations as material that may be licensed.

Note that sui generis database rights (existing separately from any copyright) are not explicitly licensed in the international suite until version 4.0.

Notices must be retained

The CC licenses all require users to retain a copyright notice, a notice of the disclaimers of warranties, and a license notice if supplied with the licensed material.

Synching creates adaptations

In all license versions, synching CC-licensed audio in timed relation with a video to create an audiovisual work creates an adaptation of that audio work for purposes of the license, regardless of whether the new work would be considered an adaptation under the relevant copyright law. This means, for example, that the requirements of ShareAlike are triggered if the audio work is licensed under a ShareAlike license, and that such works may be made but not shared if licensed under a NoDerivatives license as of version 4.0.

No sublicensing

None of the Creative Commons licenses grant permission to sublicense the licensed material. All of the licenses are direct licenses from the original licensor to all recipients. All permissions granted come directly from the original licensor, creating a direct relationship for enforcement and other purposes between the original licensor and all recipients.

Licensing of collections

Including a CC-licensed work in a collection (a work comprised of separate and independent works) is permitted by all CC licenses. However the collective work as a whole is licensed, the license on the collection does not affect the CC license applied to the work.

In 4.0, reference to distribution in a collection was removed from the license as unnecessary. There is no change from previous versions, however.

Licensing of contributions to BY and BY-NC adaptations

The 4.0 licenses make clear for the first time how contributions to adaptations of BY and BY-NC works may be licensed. Specifically, an adapting licensee may apply any license to her contributions provided that license does not prevent users of the adaption from complying with the original license. While new in 4.0, the introduction of this provision is intended as a clarifier only and is not a change from how earlier versions operate.

Licenses

Links to the International (unported) legal code for the six licenses making up the current suite, for each version:

4.0

3.0

2.5

2.0

1.0

Retrieved from "https://wiki.creativecommons.org/index.php?title=License_Versions&oldid=115094"

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#####EOF##### Frequently Asked Questions - Creative Commons
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Frequently Asked Questions

2019-04-02 14:07:11 UTC

These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information.

  • Other CC FAQs: CC0 Public Domain Dedication and Public Domain Mark.
  • “Licensor”, “rights holder”, “owner”, and “creator” may be used interchangeably to refer to the person or entity applying a CC license.
  • Information about the licenses is primarily made with reference to the 4.0 suite, but earlier license versions are mentioned where they differ.
  • Have a question that isn’t answered here? Contact info@creativecommons.org.

Creative Commons does not provide legal advice. This FAQ is for informational purposes and is not a substitute for legal advice. It may not cover important issues that affect you. You should consult with your own lawyer if you have questions.

About CC

What is Creative Commons and what do you do?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. Our legal tools help those who want to encourage reuse of their works by offering them for use under generous, standardized terms; those who want to make creative uses of works; and those who want to benefit from this symbiosis. Our vision is to help others realize the full potential of the internet. CC has affiliates all over the world who help ensure our licenses work internationally and who raise awareness of our work.

Although Creative Commons is best known for its licenses, our work extends beyond just providing copyright licenses. CC offers other legal and technical tools that also facilitate sharing and discovery of creative works, such as CC0, a public domain dedication for rights holders who wish to put their work into the public domain before the expiration of copyright, and the Public Domain Mark, a tool for marking a work that is in the worldwide public domain. Creative Commons licenses and tools were designed specifically to work with the web, which makes content that is offered under their terms easy to search for, discover, and use.

For more information about CC, our main website contains in-depth information about the organization, its staff and board of directors, its history, and its supporters. You can also read CC case studies to learn about some of the inspiring ways CC licenses and tools have been used to share works and support innovative business models. You can find regularly updated information about CC by visiting the blog.

Absolutely not. CC has responded to claims to the contrary. CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

That said, Creative Commons recognizes the need for change in copyright law, and many members of the Creative Commons community are active participants in the copyright reform movement. For more information, see our statement in support of copyright reform.

What does “Some Rights Reserved” mean?

Copyright grants to creators a bundle of exclusive rights over their creative works, which generally include, at a minimum, the right to reproduce, distribute, display, and make adaptations. The phrase “All Rights Reserved” is often used by owners to indicate that they reserve all of the rights granted to them under the law. When copyright expires, the work enters the public domain, and the rights holder can no longer stop others from engaging in those activities under copyright, with the exception of moral rights reserved to creators in some jurisdictions. Creative Commons licenses offer creators a spectrum of choices between retaining all rights and relinquishing all rights (public domain), an approach we call “Some Rights Reserved.”

No. Creative Commons is not a law firm and does not provide legal advice or legal services. CC is similar to a self-help service that offers free, form-based legal documents for others to use. These FAQ answers many of the most common questions. There is also specialized information available on the following pages:

While CC does provide this informational guidance about its licenses and other tools, this information may not apply to your particular situation, and should never be taken as legal advice.

If you’re looking for legal advice about using CC licenses and other tools, we recommend contacting the Creative Commons affiliate in your jurisdiction. CC affiliates are highly connected to the communities of copyright lawyers in their countries. We also offer a list of lawyers and organizations who have identified themselves as willing to provide information to others about CC licensing issues. However, please note that CC does not provide referral services, and does not endorse or recommend any person on that list.

Does Creative Commons collect or track material licensed under a CC license?

No, CC does not collect content or track licensed material. However, CC builds technical tools that help the public search for and use works licensed under our licenses and other legal tools, and many others have built such tools as well. CC Search is one tool developed by CC to help the public discover works offered under Creative Commons licenses on the internet via CC-aware search engines and repositories.

What do the Creative Commons buttons do?

The CC buttons are a shorthand way to convey the basic permissions associated with material offered under CC licenses. Creators and owners who apply CC licenses to their material can download and apply those buttons to communicate to users the permissions granted in advance. When the material is offered online, the buttons should usually link out to the human-readable license deeds (which, in turn, link to the license itself).

May I use the Creative Commons logo and buttons?

You may download high resolution versions of the Creative Commons logos and use them in connection with your work or your website, provided you comply with our policies. Among other things, if you use the logos on a website or on your work, you may not alter the logos in any respect—such as by changing the font, the proportions, or the colors. CC’s buttons, name, and corporate logo (the “CC” in a circle) are trademarks of Creative Commons. You cannot use them in ways not permitted by our policies unless you first receive express, written permission. This means, for example, that you cannot (without our permission) print your own buttons and t-shirts using CC logos, although you can purchase them in CC’s store.

I love Creative Commons. How can I help?

Please support CC by making a donation through our support page. Donations can be handled through PayPal or by credit card. You can also support CC by visiting our store.

CC always welcomes your feedback, which you can provide by emailing . You can also participate in CC’s email discussion lists and share feedback and ideas in one of those forums.

If you are a software developer, sysadmin, or have other technical expertise, please join our developer community and help build the tools that build the commons.

Finally, one of the best ways to support CC is by supporting our causes yourself. Follow our blog to find out about current issues where you can help get involved and spread the word, and advocate for free and open licensing in your own communities.

Why does Creative Commons run an annual fundraising campaign? What is the money used for and where does it go?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, with affiliates all over the world who help ensure our licenses work internationally and raise awareness about our work. Our tools are free, and our reach is wide.

In order to…

  • continue developing our licenses and public domain tools to make sure they are legally and technically up-to-date around the world,
  • help creators implement these tools on websites through best practices and individual assistance,
  • enable CC licensing on major content-sharing platforms,
  • enhance CC-licensed resource search and discovery,
  • advocate for CC licensing and open policies in education, science, and culture, and
  • myriad other activities we’re forgetting to mention, such as all the everyday boring but essential operations that go into running an organization

…we need $ to make it all happen! For more information, please take a look at our Annual Report.

Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. It is essential we have the public’s support because it is the creators and users of CC material who make our tools relevant in this digital age. They depend on the tools and services CC provides through their reuse and remix of the rich, open resources available on Wikipedia, Flickr, SoundCloud, Vimeo, Europeana, MIT OpenCourseWare, the Library of Science, Al Jazeera, and YouTube—just to name a few. Many of these people donate $10, $25, or $50 to CC, to help keep it up and running so we can continue to provide our tools and services for free, as a nonprofit organization. The more people who donate to CC, the more independent it will remain.

General License Information

What are Creative Commons licenses?

Creative Commons licenses provide an easy way to manage the copyright terms that attach automatically to all creative material under copyright. Our licenses allow that material to be shared and reused under terms that are flexible and legally sound. Creative Commons offers a core suite of six copyright licenses. Because there is no single “Creative Commons license,” it is important to identify which of the six licenses you are applying to your material, which of the six licenses has been applied to material that you intend to use, and in both cases the specific version.

All of our licenses require that users provide attribution (BY) to the creator when the material is used and shared. Some licensors choose the BY license, which requires attribution to the creator as the only condition to reuse of the material. The other five licenses combine BY with one or more of three additional license elements: NonCommercial (NC), which prohibits commercial use of the material; NoDerivatives (ND), which prohibits the sharing of adaptations of the material; and ShareAlike (SA), which requires adaptations of the material be released under the same license.

CC licenses may be applied to any type of work, including educational resources, music, photographs, databases, government and public sector information, and many other types of material. The only categories of works for which CC does not recommend its licenses are computer software and hardware. You should also not apply Creative Commons licenses to works that are no longer protected by copyright or are otherwise in the public domain. Instead, for those works in the worldwide public domain, we recommend that you mark them with the Public Domain Mark.

How do CC licenses operate?

CC licenses are operative only when applied to material in which a copyright exists, and even then only when a particular use would otherwise not be permitted by copyright. Note that the latest version of CC licenses also applies to rights similar to copyright, such as neighboring rights and sui generis database rights. Learn more about the scope of the licenses. This means that CC license terms and conditions are not triggered by uses permitted under any applicable exceptions and limitations to copyright, nor do license terms and conditions apply to elements of a licensed work that are in the public domain. This also means that CC licenses do not contractually impose restrictions on uses of a work where there is no underlying copyright. This feature (and others) distinguish CC licenses from some other open licenses like the ODbL and ODC-BY, both of which are intended to impose contractual conditions and restrictions on the reuse of databases in jurisdictions where there is no underlying copyright or sui generis database right.

All CC licenses are non-exclusive: creators and owners can enter into additional, different licensing arrangements for the same material at any time (often referred to as “dual-licensing” or “multi-licensing”). However, CC licenses are not revocable once granted unless there has been a breach, and even then the license is terminated only for the breaching licensee.

There are also videos and comics that offer visual descriptions of how CC licenses work.

Which is the latest version of the licenses offered by Creative Commons?

In November 2013, Creative Commons published the version 4.0 license suite. These licenses are the most up-to-date licenses offered by CC, and are recommended over all prior versions. You can see how the licenses have been improved over time on the license versions page. 4.0 has been drafted to be internationally valid, and will have official translations becoming available after publication.

No. By design, CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions. This is a fundamental principle of CC licensing.

Who gives permission to use material offered under Creative Commons licenses?

Our licenses and legal tools are intended for use by anyone who holds copyright in the material. This is often, but not always, the creator.

Creative Commons offers licenses and tools to the public free of charge and does not require that creators or other rights holders register with CC in order to apply a CC license to a work. This means that CC does not have special knowledge of who uses the licenses and for what purposes, nor does CC have a way to contact creators beyond means generally available to the public. CC has no authority to grant permission on behalf of those persons, nor does CC manage those rights on behalf of others.

If you would like to obtain additional permissions to use the work beyond those granted by the license that has been applied, or if you’re not sure if your intended use is permitted by the license, you should contact the rights holder.

Are Creative Commons licenses enforceable in a court of law?

Creative Commons licenses are drafted to be enforceable around the world, and have been enforced in court in various jurisdictions. To CC’s knowledge, the licenses have never been held unenforceable or invalid.

CC licenses contain a “severability” clause. This allows a court to eliminate any provision determined to be unenforceable, and enforce the remaining provisions of the license.

What happens if someone applies a Creative Commons license to my work without my knowledge or authorization?

CC alerts prospective licensors they need to have all necessary rights before applying a CC license to a work. If that is not the case and someone has marked your work with a CC license without your authorization, you should contact that person and tell them to remove the license from your work. You may also wish to contact a lawyer. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What are the international (“unported”) Creative Commons licenses, and why does CC offer “ported” licenses?

One of CC’s goals is ensuring that all of its legal tools work globally, so that anyone anywhere in the world can share their work on globally standard terms. To this end, CC offers a core suite of six international copyright licenses (formerly called the “unported”) that are drafted based largely on various international treaties governing copyright, taking into account as many jurisdiction-specific legal issues as possible. The latest version (4.0) has been drafted with particular attention to the needs of international enforceability.

For version 3.0 and earlier, Creative Commons has also offered ported versions of its six core licenses for many jurisdictions (which usually correspond to countries, but not always). These ported licenses are based on the international license suite but have been modified to reflect local nuances in the expression of legal terms and conditions, drafting protocols, and language. The ported licenses and the international licenses are all intended to be legally effective everywhere. CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

Can governments and intergovernmental organizations (“IGOs”) use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors’ overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the “machine readable” layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]”; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you’re uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC’s Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC’s legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC’s Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and running pilot programs that allow creators to use CC licenses in some circumstances.

If you are already a member of a collecting society and want to use CC licenses, you are welcome to encourage your collecting society to give you the option of Creative Commons licensing.

Can I still make money from a work I make available under a Creative Commons license?

Yes. One of our goals is to encourage creators and rights holders to experiment with new ways to promote and market their work. There are several possible ways of doing this.

CC’s NonCommercial (NC) licenses allow rights holders to maximize distribution while maintaining control of the commercialization of their works. If you want to reserve the right to commercialize your work, you may do this by choosing a license with the NC condition. If someone else wants to use your work commercially and you have applied an NC license to your work, they must first get your permission. As the rights holder, you may still sell your own work commercially.

You may also use funding models that do not depend on using an NC license. For example, many artists and creators use crowdfunding to fund their work before releasing it under a less restrictive license. Others use a “freemium” model where the basic content is free, but extras such as a physical printed version or special access to a members-only website are for paying customers only.

For more information and ideas, The Power of Open presents case studies of artists, businesspeople, and organizations who use CC.

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

No. CC licenses allow for flexibility in the way credit is provided depending on the medium, means, and context in which a licensee is redistributing licensed material. For example, providing attribution to the creator when using licensed material in a blog post may be different than doing so in a video remix. This flexibility facilitates compliance by licensees and reduces uncertainty about different types of reuse—minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded.

Can I change the license terms or conditions?

Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons” or “CC” license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials. Keep in mind that altering terms and conditions is distinct from waiving existing conditions or granting additional permissions than those in the licenses. Licensors may always do so, and many choose to do so using the CC+ protocol to readily signal the waiver or additional permission on the CC license deed.

CC does not assert copyright in the text of its licenses, so you are permitted to modify the text as long as you do not use the CC marks to describe it. However, we do not recommend this. We also advise against modifying our licenses through indirect means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other material. This would prevent licensees from using, combining, or remixing content under your customized license with other content under the same or compatible CC licenses.

Modifying licenses creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.

Can I waive license terms or conditions?

Yes. You may always choose to waive some license terms or conditions. Material licensed under a CC license but with additional permissions granted or conditions waived may be compatibly licensed with other material under the same license. Our CC+ protocol provides a mechanism for facilitating that grant or waiver.

Can I enter into separate or supplemental agreements with users of my work?

Yes. CC licenses are nonexclusive. Licensors always have the option of entering into separate arrangements for the sharing of their material in addition to applying a CC license. However, those different arrangements are not “CC” or “Creative Commons” licenses.

Separate agreements: You may offer the licensed material under other licenses in addition to the CC license (a practice commonly referred to as “dual licensing”). For example, you may wish to license a video game soundtrack under both a CC license and the GPL, so that it may be used under either set of terms. A reuser may then choose which set of terms to comply with. Or, for example, you may offer your material to the public under a NonCommercial license, but offer commercial permissions to fee-paying customers.

Supplemental agreements: Problems arise when licensors design those terms or arrangements to serve not as separate, alternative licensing arrangements but as supplemental terms having the effect of changing the standard terms within the CC license. While you may offer separate terms and conditions to other parties, you should not do so in such a way that would neutralize terms of the CC license.

Except in the limited situation where more permissions are being granted or license conditions are waived, if the additional arrangement modifies or conflicts with the CC license terms, then the resulting licensing arrangement is no longer a CC licensing arrangement. To avoid confusing those who may mistakenly believe the work is licensed under standard CC terms, we must insist that in these instances licensors not use our trademarks, names, and logos in connection with their custom licensing arrangement.

It should be noted that any agreements you make with other parties only have an effect on the other parties to that agreement, and do not apply to anyone else receiving the licensed material. For example, if there are terms of use that apply to visitors to your website on which you host CC-licensed material, your terms of use may apply to visitors to that website, but not to anyone who receives copies of the CC-licensed material elsewhere. Even for the visitors to your website, any separate terms and conditions do not become part of the license—they remain a separate contractual agreement, and violation of this agreement does not constitute copyright infringement.

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

A CC license terminates automatically when its conditions are violated. For example, if a reuser of CC-licensed material does not provide the attribution required when sharing the work, then the user no longer has the right to continue using the material and may be liable for copyright infringement. The license is terminated for the user who violated the license. However, all other users still have a valid license, so long as they are in compliance.

Under the 4.0 licenses, a licensee automatically gets these rights back if she fixes the violation within 30 days of discovering it.

If you apply a Creative Commons license and a user violates the license conditions, you may opt to contact the person directly to ask them to rectify the situation or consult a lawyer to act on your behalf. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

As long as users abide by license terms and conditions, licensors cannot control how the material is used. However, CC licenses do provide several mechanisms that allow licensors to choose not to be associated with their material or to uses of their material with which they disagree.

First, all CC licenses prohibit using the attribution requirement to suggest that the licensor endorses or supports a particular use. Second, licensors may waive the attribution requirement, choosing not to be identified as the licensor, if they wish. Third, if the licensor does not like how the material has been modified or used, CC licenses require that the licensee remove the attribution information upon request. (In 3.0 and earlier, this is only a requirement for adaptations and collections; in 4.0, this also applies to the unmodified work.) Finally, anyone modifying licensed material must indicate that the original has been modified. This ensures that changes made to the original material–whether or not the licensor approves of them–are not attributed back to the licensor.

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

The use of any effective technical protection measures (such as digital rights management or “DRM”) by licensees to prevent others from exercising the licensed rights is prohibited.

Not all kinds of encryption or access limitations are prohibited by the licenses. For example, sending content via email and encrypting it with the recipient’s public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a particular set of users (for example, by requiring a username and password to enter a site) does not restrict further use of the content by the recipients. In these examples, these things do not prevent the recipient from exercising all of the rights granted by the license, including the right to redistribute it further.

If someone is applying effective technological measures to your CC-licensed material that do restrict exercise of the licensed rights (such as applying DRM that restricts copying), this is a violation of the license terms unless you have chosen to grant this permission separately.

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

No. CC licenses grant permission to use the licensed material in any media or format regardless of the format in which it has been made available. This is true even if you have applied a NoDerivatives license to your work. Once a CC license is applied to a work in one format or medium, a licensee may use the same work in any other format or medium without violating the licensor’s copyright.

What if I change my mind about using a CC license?

CC licenses are not revocable. Once something has been published under a CC license, licensees may continue using it according to the license terms for the duration of applicable copyright and similar rights. As a licensor, you may stop distributing under the CC license at any time, but anyone who has access to a copy of the material may continue to redistribute it under the CC license terms. While you cannot revoke the license, CC licenses do provide a mechanism for licensors to ask that others using their material remove the attribution information. You should think carefully before choosing a Creative Commons license.

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

CC offers six core licenses, each of which grants a different set of permissions. Before you use CC-licensed material, you should review the terms of the particular license to be sure your anticipated use is permitted. If you wish to use the work in a manner that is not permitted by the license, you should contact the rights holder (often the creator) to get permission first, or look for an alternative work that is licensed in a way that permits your anticipated use. Note that if you use material in a way that is not permitted by the applicable license and your use is not otherwise permitted by an applicable copyright exception or limitation, the license is automatically terminated and you may be liable for copyright infringement, even if you are eligible to have your rights reinstated later.

Before using material offered under a Creative Commons license, you should know that CC licenses only grant permissions needed under copyright and similar rights, and there may be additional rights you need to use it as intended. You should also understand that licensors do not offer warranties or guarantees about the material they are licensing unless expressly indicated otherwise. All materials are licensed “AS IS” and a disclaimer of warranties applies unless expressly provided otherwise. If you want to ask for a warranty or guarantee about rights to use the material, you should talk with the licensor before using it.

Does a Creative Commons license give me all the rights I need to use the work?

It depends. CC licenses do not license rights other than copyright and similar rights (which include sui generis database rights in version 4.0). For example, they do not license trademark or patent rights, or the publicity, personality, and privacy rights of third parties. However, licensors agree to waive or not assert any moral rights, publicity rights, personality rights, or privacy rights they themselves hold, to the limited extent necessary to allow exercise of the licensed rights. Any rights outside of the scope of the license may require clearance (i.e., permission) in order to use the work as you would like.

Additionally, creative works sometimes incorporate works owned by others (known as “third party content”), often used pursuant to a CC license or under an exception or limitation to copyright such as fair use in the U.S. You should make sure you have permission to use any third party content contained in the work you want to use, or that your use is otherwise allowed under the laws of your jurisdiction, particularly in cases such as fair use where your right to use the content depends on the particular context in which you plan to use it.

All CC licenses contain a disclaimer of warranties, meaning that the licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work. You may wish to obtain legal advice before using CC-licensed material if you are not sure whether you have all the rights you need.

What if there are sui generis database rights that apply to my use of a CC-licensed database?

In the somewhat limited circumstances where sui generis database rights apply to your use, special conditions apply and there are more specific considerations you should be aware of. Under 4.0, sui generis database rights are licensed alongside copyright, but the treatment in earlier versions of the license varies. A fuller explanation of these variations and related considerations is available in the Data FAQ.

Where can I find material offered under a CC license?

If you are looking for material offered under a Creative Commons license, CC Search is a good starting point. There is also a directory of organizations and individuals who use CC licenses. Some media sites, such as Flickr, have search filters for material licensed using CC’s licenses.

Be sure to confirm that the material you want to use is actually under a CC license, as search results may sometimes be misleading.

Are Creative Commons works really free to use?

Yes. While many if not most CC-licensed works are available at no cost, some licensors charge for initial access to CC-licensed works—for example, by publishing CC-licensed content only to subscribers, or by charging for downloads. However, even if you have paid an access charge, once you have a copy of CC-licensed material, you may make any further uses permitted by the license without paying licensing fees.

(If you wish to make uses that are not permitted by the license—for example, making a commercial use of an NC-licensed photo—the licensor may charge for those additional rights.)

What should I know about differences between the international licenses and the ported licenses?

As a licensee, you should always read and understand the relevant license’s legal code before using CC-licensed material, particularly if you are using material that is licensed using a ported license with which you are unfamiliar. Our porting process involved adapting the international licenses to the legal framework of different jurisdictions, and in that process slight adjustments may have been made that you should make yourself aware of in advance of using the material. You can find more information about the ported licenses in the Jurisdiction Database.

There are currently no ported versions of 4.0, and we expect there will be few, if any, in the future. All official translations of the 4.0 international licenses are equivalent: you may substitute one for another depending on your preferred language.

However, the ported versions of 3.0 and earlier sometimes contain small differences from the international license depending on the ways in which they have been adapted to their jurisdictions. For example, a handful of the ported licenses contain provisions specifying which laws will apply in the event the licensor chooses to enforce the license, and a few of the ported licenses contain forum selection clauses.

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Contact the rights holders to ask for permission. Otherwise, unless an exception or limitation to copyright applies, your use of the material may violate the Creative Commons license. If you violate the terms of the license, your rights to use the material will be automatically terminated, and you may be liable for copyright infringement.

Do I always have to comply with the license terms? If not, what are the exceptions?

You need to comply with the license terms if what you are doing would otherwise require permission from the rights holder. If your use would not require permission from the rights holder because it falls under an exception or limitation, such as fair use, or because the material has come into the public domain, the license does not apply, and you do not need to comply with its terms and conditions. Additionally, if you are using an excerpt small enough to be uncopyrightable, the license does not apply to your use, and you do not need to comply with its terms.

However, if you are using excerpts of CC-licensed material which individually are minimal and do not require license compliance, but together make up a significant copyrightable chunk, you must comply with the license terms. For example, if you quote many individual lines from a poem across several sections of a blog post, and your use is not a fair use, you must comply with the license even though no individual line would have been a substantial enough portion of the work to require this.

Attribution

How do I properly attribute material offered under a Creative Commons license?

All CC licenses require users to attribute the creator of licensed material, unless the creator has waived that requirement, not supplied a name, or asked that her name be removed. Additionally, you must retain a copyright notice, a link to the license (or to the deed), a license notice, a notice about the disclaimer of warranties, and a URI if reasonable. For versions prior to 4.0, you must also provide the title of the work. (Though it is not a requirement in 4.0, it is still recommended if one is supplied.)

You must also indicate if you have modified the work—for example, if you have taken an excerpt, or cropped a photo. (For versions prior to 4.0, this is only required if you have created an adaptation by contributing your own creative material, but it is recommended even when not required.) It is not necessary to note trivial alterations, such as correcting a typo or changing a font size. Finally, you must retain an indication of previous modifications to the work.

CC licenses have a flexible attribution requirement, so there is not necessarily one correct way to provide attribution. The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner. Additionally, you may satisfy the attribution requirement by providing a link to a place where the attribution information may be found.

While the attribution requirements in the license are the minimum requirement, we always recommend that you follow the best practices for the kind of use you are making. For example, if you are using scientific data marked with CC0, you are not required to give attribution at all, but we recommend that you give the same credit you would give to any other source—not because the license requires it, but because that is the standard for letting others know the source of the data.

The CC website offers some best practices to help you attribute properly, and the CC Australia team has developed a helpful guide to attributing CC-licensed material (.pdf) in different formats. Note that the attribution and marking requirements vary slightly among license versions. See here for a chart comparing the specific requirements.

Do I need to be aware of anything else when providing attribution?

Yes. You need to be careful not to imply any sponsorship, endorsement, or connection with the licensor or attribution party without their permission. Wrongfully implying that a creator, publisher, or anyone else endorses you or your use of a work may be unlawful. Creative Commons makes the obligation not to imply endorsement explicit in its licenses. In addition, if the licensor of a work requests that you remove the identifying credit, you must do so to the extent practical.

Additionally, when you are using a work that is an adaptation of one or more pre-existing works, you may need to give credit to the creator(s) of the pre-existing work(s), in addition to giving credit to the creator of the adaptation.

Do I always have to attribute the creator of the licensed material?

You must attribute the creator when you provide material to the public by any means that is restricted by copyright or similar rights. If you are using the material personally but are not making it or any adaptations of it available to others, you do not have to attribute the licensor. Similarly, if you are only distributing the material or adaptations of it within your company or organization, you do not have to comply with the attribution requirement. Learn more about when compliance with the license is not required.

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such.

Can I take a CC-licensed work and use it in a different format?

Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.

This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work.

How do I know if a low-resolution photo and a high-resolution photo are the same work?

As with most copyright questions, it will depend on applicable law. Generally, to be different works under copyright law, there must be expressive or original choices made that make one work a separate and distinct work from another. The determination depends on the standards for copyright in the relevant jurisdiction.

Under U.S. copyright law, for example, mechanical reproduction of a work into a different format is unlikely to create a separate, new work. Consequently, digitally enhancing or changing the format of a work absent some originality, such as expressive choices made in the enhancement or encoding, will not likely create a separate work for copyright purposes. The creative bar is low, but it is not non-existent. Accordingly, in some jurisdictions releasing a photograph under a CC license will give the public permission to reuse the photograph in a different resolution.

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

The NoDerivs licenses (BY-ND and BY-NC-ND) prohibit reusers from creating adaptations. What constitutes an adaptation, otherwise known as a derivative work, varies slightly based on the law of the relevant jurisdiction.

Incorporating an unaltered excerpt from an ND-licensed work into a larger work only creates an adaptation if the larger work can be said to be built upon and derived from the work from which the excerpt was taken. Generally, no derivative work is made of the original from which the excerpt was taken when the excerpt is used to illuminate an idea or provide an example in another larger work. Instead, only the reproduction right of the original copyright holder is being exercised by person reusing the excerpt. All CC licenses grant the right to reproduce a CC-licensed work for noncommercial purposes (at a minimum). For example, a person could make copies of one chapter of an ND-licensed book and not be in violation of the license so long as other conditions of the license are met.

There are exceptions to that general rule, however, when the excerpts are combined with other material in a way that creates some new version of the original from which the excerpt is taken. For example, if a portion of a song was used as part of a new song, that may rise to the level of creating an adaptation of the original song, even though only a portion of it was used and even if that portion was used as-is.

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

No. When you receive material under a Creative Commons license, you may not place additional terms and conditions on the reuse of the work. This includes using effective technological measures (ETMs) that would restrict a licensee’s ability to exercise the licensed rights.

A technological measure is considered an ETM if circumventing it carries penalties under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements. Generally, this means that the anti-circumvention laws of various jurisdictions would cover attempts to break it.

For example, if you remix a CC-licensed song, and you wish to share it on a music site that places digital copy-restriction on all uploaded files, you may not do this without express permission from the licensor. However, if you upload that same file to your own site or any other site that does not apply DRM to the file, and a listener chooses to stream it through an app that applies DRM, you have not violated the license.

Note that merely converting material into a different format that is difficult to access or is only available for certain platforms does not violate the restriction; you may do this without violating the license terms.

Can I share CC-licensed material on password-protected sites?

Yes. This is not considered to be a prohibited measure, so long as the protection is merely limiting who may access the content, and does not restrict the authorized recipients from exercising the licensed rights. For example, you may post material under any CC license on a site restricted to members of a certain school, or to paying customers, but you may not place effective technological measures (including DRM) on the files that prevents them from sharing the material elsewhere.

(Note that charging for access may not be permitted with NC-licensed material; however, it is not disallowed by the restriction on ETMs.)

Can I share CC-licensed material on file-sharing networks?

Yes. All CC licenses allow redistribution of the unmodified material by any means, including distribution via file-sharing networks. Note that file-trading is expressly considered to be noncommercial for purposes of compliance with the NC licenses. Barter of NC-licensed material for other items of value is not permitted.

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

If you have received material under a CC license that is encumbered with effective technological measures (such as digital rights management or DRM), you may or may not be permitted to break it, depending on the circumstances. By releasing material under a CC license, the licensor agrees not to assert any rights she may have to prevent the circumvention of effective technological measures. (Under the 3.0 and earlier licenses, this is implied but not explicit.) However, if she has uploaded it to a site or other distribution channel that itself applies such measures, that site may have the right to prevent you from breaking them, even though the licensor herself cannot do so.

Note that anti-circumvention laws can impose criminal liability in some jurisdictions.

What if I have received CC-licensed material with additional restrictions?

It is possible that CC-licensed material will appear on platforms that impose terms in addition to the copyright license (though Creative Commons strongly discourages restrictions that interfere with exercise of the licensed rights). These additional terms do not form part of the license for the work. For example, if you download CC-licensed material from a site that does not permit downloading, you may be breaking the terms of use of the site, but you are not infringing the CC license. See our guide to Modifying the CC licenses for more guidance and information.

Combining and adapting CC material

When is my use considered an adaptation?

Whether a modification of licensed material is considered an adaptation for the purpose of CC licenses depends primarily on the applicable copyright law. Copyright law reserves to an original creator the right to create adaptations of the original work. CC licenses that allow for adaptations to be shared—all except BY-ND and BY-NC-ND—grant permission to others to create and redistribute adaptations when doing so would otherwise constitute a violation of applicable copyright law. Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable, such as a translation of a novel from one language to another, or the creation of a screenplay based on a novel.

Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation, whether or not it would be considered so under applicable law. Also, under version 4.0, certain uses of databases restricted by sui generis database rights also constitute adaptations (called “Adapted Material” in the 4.0 licenses), whether or not they would be considered adaptations under copyright law. For more details about adaptations in the database context, see the Data FAQ.

Note that all CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license.

Note on terminology: throughout these FAQs, we use the term “remix” interchangeably with “adapt.” Both are designed to mean doing something that constitutes an adaptation under copyright law.

Can I combine material under different Creative Commons licenses in my work?

It depends. The first question to ask is whether doing so constitutes an adaptation. If the combination does not create an adaptation, then you may combine any CC-licensed content so long as you provide attribution and comply with the NonCommercial restriction if it applies. If you want to combine material in a way that results in the creation of an adaptation (i.e. a “remix”), then you must pay attention to the particular license that applies to the content you want to combine.

The NoDerivatives licenses do not permit remixing except for private use (the pre-4.0 licenses do not permit remixing at all, except as allowed by exceptions and limitations to copyright). All the other CC licenses allow remixes, but may impose limitations or conditions on how the remix may be used. For example, if you create a remix with material licensed under a ShareAlike license, you need to make sure that all of the material contributed to the remix is licensed under the same license or one that CC has named as compatible, and you must properly credit all of the sources with the required attribution and license information. Similarly, if you want to use a remix for commercial purposes, you cannot incorporate material released under one of the NonCommercial licenses.

The chart below shows which CC-licensed material can be remixed. To use the chart, find a license on the left column and on the top right row. If there is a check mark in the box where that row and column intersect, then the works can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies. See below for details on how remixes may be licensed.

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If you make adaptations of material under a CC license (i.e. “remix”), the original CC license always applies to the material you are adapting even once adapted. The license you may choose for your own contribution (called your “adapter’s license”) depends on which license applies to the original material. Recipients of the adaptation must comply with both the CC license on the original and your adapter’s license.

  • BY and BY-NC material

When remixing BY or BY-NC material, it is generally recommended that your adapter’s license include at least the same license elements as the license applied to the original material. This eases reuse for downstream users because they are able to satisfy both licenses by complying with the adapter’s license. For example, if you adapt material licensed under BY-NC, your adapter’s license should also contain the NC restriction. See the chart below for more details.

  • BY-SA and BY-NC-SA material

In general, when remixing ShareAlike content, your adapter’s license must be the same license as the license on the material you are adapting. All licenses after version 1.0 also allow you to license your contributions under a later version of the same license, and some also allow ported licenses. (See the license versions page for details.) If you wish to adapt material under BY-SA or BY-NC-SA and release your contributions under a non-CC license, you should visit the Compatibility page to see which options are allowed.

  • BY-ND and BY-NC-ND material

The BY-ND and BY-NC-ND licenses do not permit distribution of adaptations (also known as remixes or derivative works), and prohibits the creation of adaptations under the pre-4.0 versions of those licenses. Since you may not share remixes of these materials at all, there is no compatibility with other licenses. (Note that the ND licenses do allow you to reproduce the material in unmodified form together with other material in a collection, as indicated in the next FAQ.)

  • Adapter’s license chart

The chart below details the CC license(s) you may use as your adapter’s license. When creating an adaptation of material under the license identified in the lefthand column, you may license your contributions to the adaptation under one of the licenses indicated on the top row if the corresponding box is green. CC does not recommend using a license if the corresponding box is yellow, although doing so is technically permitted by the terms of the license. If you do, you should take additional care to mark the adaptation as involving multiple copyrights under different terms so that downstream users are aware of their obligations to comply with the licenses from all rights holders. Dark gray boxes indicate those licenses that you may not use as your adapter’s license.

Adapter’s license chart Adapter’s license
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work PD              
BY              
BY-NC              
BY-NC-ND              
BY-NC-SA              
BY-ND              
BY-SA              
Abbreviation Key

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

All Creative Commons licenses (including the version 4.0 licenses) allow licensed material to be included in collections such as anthologies, encyclopedias, and broadcasts. You may choose a license for the collection, however this does not change the license applicable to the original material.

When you include CC-licensed content in a collection, you still must adhere to the license conditions governing your use of the material incorporated. For example, material under any of the Creative Commons NonCommercial licenses cannot be used commercially. The table below indicates what type of CC-licensed works you may incorporate into collections licensed for commercial and noncommercial uses.

Original Work Commercial Collection (BY, BY-SA, BY-ND) NonCommercial Collection (BY-NC, BY-NC-SA, BY-NC-ND)
PD    
BY    
BY-NC    
BY-NC-ND    
BY-NC-SA    
BY-ND    
BY-SA    

License termination

When do Creative Commons licenses expire?

Creative Commons licenses expire when the underlying copyright and similar rights expire.

Note that the relevant rights may expire at different times. For example, you may have a CC-licensed song where the rights in the musical arrangement expire before the rights in the lyrics. In this case, when the copyright in the music expires, you may use it without being required to comply with the conditions of the CC license; however, you must still comply with the license if you use the lyrics.

What happens if the author decides to revoke the CC license to material I am using?

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms. Of course, you may choose to respect the licensor’s wishes and stop using the work.

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

All of the CC licenses terminate if you fail to follow the license conditions. If this happens, you no longer have a license to use the material.

In the 4.0 licenses, your rights under the license are automatically reinstated if you correct this failure within 30 days of discovering the violation (either on your own or because the licensor or someone else has told you). Under the 3.0 and earlier licenses, there is no automatic reinstatement.

If you have lost your rights under a CC license and are not entitled to automatic reinstatement, you may regain your rights under the license if the licensor expressly grants you permission. You cannot simply re-download the material to get a new license.

Note that you may still be liable for damages for copyright infringement for the period where you were not in compliance with the license.

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

The Creative Commons licenses have three layers, as does the CC0 public domain dedication: the human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The Public Domain Mark is not legally operative, and so has only two layers: the human-readable mark and machine-readable metadata.

When material is licensed using any of the CC licenses or tools, it is highly recommended that a CC button, text, or other marker somehow accompany it. There are many possible modes for marking. For our licenses, people generally use the CC license chooser to generate HTML code that can be pasted into the webpage where the licensed material is published. CC0 and the Public Domain Mark have a separate chooser. Many platforms and web services such as Flickr and Drupal support CC licensing directly, allowing you to select an appropriate license. The service then properly marks the work for you.

CC has published some best practices for marking your CC-licensed material, and recommends:

  • Including a visual indicator (some combination of text and images) that the work is licensed with one of the CC licenses.
  • Clearly indicating what material is covered under the CC license, especially if it’s presented alongside non-licensed materials.
  • Including a link to the human-readable deed (which itself contains a link to the legal code).
  • Embedding machine-readable metadata in the code of the license indicator or code of the licensed page.

See the marking page for more details.

What does it mean that Creative Commons licenses are “machine-readable”?

Creative Commons has specified CC REL as a way to associate machine-readable licensing metadata with objects offered under CC licenses.

Before Creative Commons developed this vocabulary, it was difficult for a machine to ascertain whether an object was marked with a CC license. There was also no standard, predictable place to house metadata about that license (for example, the source URL of the work or the required mode of attribution).

Machine-readable metadata based on well-accepted metadata standards creates a platform upon which new services and applications can be built. Software and services can detect CC licenses and the details of that license, as described by the metadata. For example, on many websites and search engines such as Google and Flickr, you can run filtered searches for works offered under specific CC licenses. In addition, CC license deeds can automatically create copy-and-paste attribution code so users may easily comply with the BY condition of the licenses. When you click on a CC license or button from a page with license metadata, you get copy-and-paste attribution HTML within that license deed page. That HTML is based on available RDFa metadata in the original material.

All HTML provided by the CC license chooser is automatically annotated with metadata in RDFa format.

What is RDFa?

RDFa is a method for embedding structured data in a web page. For more information about RDFa, see the following resources:

What is CC REL and why does Creative Commons recommend it?

Creative Commons Rights Expression Language (CC REL) renders information about licenses and works machine-readable through standards that define the semantic web. Creative Commons wants to make it easy for creators and scientists to build upon the works of others when they choose; licensing your work for reuse and finding properly licensed works to reuse should be easy. CC recommends that you mark your licensed works with CC REL. The Creative Commons license chooser provides HTML annotated with CC REL, while the Creative Commons deeds recognize CC REL on web pages with works offered under a CC license, and use this metadata to enhance the deed for properly marked-up works, e.g., by providing copy and paste HTML that includes work attribution.

For more background information on CC REL, please refer to this paper.

What does it mean for a search engine to be CC-enabled?

Some search engines (like Google) allow people to filter their search results by usage rights so that you can limit your search results according to the particular CC license you seek. For example, if you are looking for a photo to adapt, you can filter your search to return photos that have a CC license that permits creation of adaptations. You can generally find this search feature on the advanced search page of your selected search engine. You can also use CC Search, which offers a convenient interface to search and a list of those content providers that support searches for content based on usage rights.

Please note, however, that you should always double check to make sure that the work you locate through a search is licensed as you wish.

How do I give users of my site the option to use CC licensing like Flickr does?

Creative Commons provides tools for integrating license selection with your site. You can find an overview at the Web Integration article on the CC wiki. The Partner Interface is a good way to get started and will always have the most up-to-date license versions and translations. However, there is also an API available if you want more control.

How can I change or remove the Creative Commons search option built into the Firefox browser?

Mozilla has included the Creative Commons search function in many versions of Firefox along with search options for Google, Amazon, and other popular sites. Please take a look at the Firefox article on the CC wiki for an explanation of how to change these features.

If you want to add or remove a particular search option, click on the logo in the search box (for example, the CC logo or the Google logo). This will open the pull down menu, which will allow you to select different search providers. If you choose “Manage Search Engines,” you will be able to add or remove search engines. You can also alter the order in which the search providers appear on the pull down menu.

Is Creative Commons involved in digital rights management (DRM)?

No. CC licenses are a form of rights expression, not rights management. CC provides tools to make it easier for creators and owners to say which rights they reserve and permissions they grant. This is different from digital rights management (or “DRM”), which uses technological protection measures to prevent people from using the work in a way that the owner has not permitted.

CC licenses contain language prohibiting licensees from the use of effective technological measures (including DRM) to prevent access to licensed material: ”You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any such recipient.”

While licensors may apply effective technological measures (ETMs) to their own materials, the licensor provides a limited permission to circumvent these measures: “The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures.” Note that this only applies to effective technological measures applied by licensors themselves: third parties such as distribution platforms may still apply ETMs if the licensor uploads there, and the license is not able to grant you permission to circumvent it.

Copyright law grants exclusive rights to creators of original works of authorship. National laws usually extend protections to such works automatically once fixed in a tangible medium, prohibiting the making of copies without the rights holder’s permission, among other things. On the internet, even the most basic activities involve making copies of copyrighted content. As content is increasingly uploaded, downloaded, and shared online, copyright law is becoming more relevant to more people than it was 20 years ago. Unfortunately, infringing copyrights—even unintentionally or unknowingly—can lead to liability. Successful navigation of the internet requires some understanding of copyright law.

What is the public domain?

The public domain of copyright refers to the aggregate of those works that are not restricted by copyright within a given jurisdiction. A work may be part of the public domain because the applicable term of copyright has expired, because the rights holder surrendered copyright in the work with a tool like CC0, or because the work did not meet the applicable standards for copyrightability.

Because the public domain depends on the copyright laws in force within a particular territory, sometimes a work may be considered “in the public domain” of one jurisdiction, but not in another. For example, U.S. government works are automatically in the public domain under U.S. copyright law, but might be restricted by copyright in other countries.

The Public Domain Manifesto, the University Libraries page, and the CC0 FAQs all contain additional information about the public domain.

Copyright in most jurisdictions attaches automatically without need for any formality once a creative work is fixed in tangible form (i.e. the minute you put pen to paper, take a photo, or hit the “save” button on your computer).

In some jurisdictions, creators may be required to register with a national agency in order to enforce copyright in court. If you would like more information, please consult the Berne Convention or your jurisdiction’s copyright law.

Although you do not have to apply a copyright notice for your work to be protected, it may be a useful tool to clearly signal to people that the work is yours. It also tells the public who to contact about the work.

What is an adaptation?

An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.

In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter’s personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil’s copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction’s copyright law for more information.

What are moral rights?

Copyright laws in many jurisdictions around the world grant creators “moral rights” in addition to the economic or commercial right to exploit their creative works. Moral rights protect the personal and reputational value of a work for its creator. Moral rights differ by country, and can include the right of attribution, the right to have a work published anonymously or pseudonymously, and/or the right to the integrity of the work. The moral right of integrity may provide creators with a source for redress if an adaptation represents derogatory treatment of their work, typically defined as “distortion or mutilation” of the work or treatment that is “prejudicial to the honor, or reputation of the author.” Not all jurisdictions provide for moral rights.

The CC licenses are intended to minimize the effect of moral rights on a licensee’s ability to use licensed material; however, in some jurisdictions, these rights may still have an effect. CC offers some additional information on how CC licenses may affect your moral rights.

What are neighboring rights?

Copyright provides an incentive to create works by providing exclusive rights to creators. However, the distribution or exploitation of a work often involves more than just the creator. For example, if someone writes a song, someone else may perform the song, and another may produce the recording of the song. Some jurisdictions extend copyright to the contributions made by these persons; other jurisdictions extend such exclusive rights in the form of neighboring rights. Neighboring rights may include performers’ rights or broadcasters’ rights, among others. The Rome Convention sets forth some guidelines on the scope of neighboring rights. Not all jurisdictions recognize neighboring rights.

What are sui generis database rights?

Sui generis database rights grant qualifying database makers the right to prohibit the extraction and reuse of a substantial portion of a database. The rights are granted to database makers that make a substantial investment of time and resources to create the database. Sui generis database rights are primarily enacted within the European Union and a handful of other jurisdictions.

What are collecting societies?

Collecting societies are copyright management organizations. Some examples of collecting societies include ASCAP and BMI (United States), BUMA/STEMRA (Netherlands), PRS (United Kingdom), and APRA (Australia). These societies license works on behalf of their owners and process royalty payments from parties using the copyrighted works.

CC offers additional information on how collecting societies might affect your rights and your ability to apply CC licenses to your work. CC has several pilots underway with collecting societies that have chosen to allow their members to use CC licenses on a limited basis.

What are publicity, personality, and privacy rights?

These terms are used differently in different jurisdictions. Generally speaking, these rights allow individuals to control the use of their voice, image, likeness, or other identifiable aspect of their identity, especially for purposes of commercial exploitation. Similarly, in some jurisdictions these rights allow people to restrict others’ ability to publish information about them without their permission. Whether and to what extent these rights exist, and if so, how they are labeled, varies depending on the jurisdiction.

Creative Commons licenses have a limited effect on these rights where the licensor holds them. Where the licensor has publicity, personality, or privacy rights that may affect your ability to use the material as the license intends, the licensor agrees to waive or not assert those rights. However, any such rights not held by the licensor are not affected and may still affect your desired use of a licensed work. If you have created a work or wish to use a work that might in some way implicate these rights, you may need to obtain permission from the individuals whose rights may be affected.

Data

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

: Uses of CC Licenses with Data and Databases : Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker’s investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [marking page]https://wiki.creativecommons.org/wiki/Marking_your_work_with_a_CC_license “wikilink”) for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights–but not copyright–are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.1 These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker’s substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Artificial intelligence and CC licenses

What are the limits on how CC-licensed works can be used in the development of new technologies, such as training of artificial intelligence software?

The licenses grant permission for reuse in any situation that requires permission under copyright. There are many ways in which CC-licensed work works and even all rights reserved works can be reused without permission. This includes uses that are fair uses, for example.

If someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected. This is one of the enduring qualities of our licenses — they have been carefully designed to work with all new technologies where copyright comes into play. No special or explicit permission regarding new technologies from a copyright perspective is required.

But what about privacy laws, rules governing ethical research, and data protection laws?

CC’s copyright licenses are not universal policy tools. Copyright is the primary obstacle to reuse that our licenses solve, but there are many other issues related to the reuse of content that our licenses do not address and that reusers should be aware of. These can include privacy and rules governing ethical research and the collection or use of data, which have to be addressed and respected separate and apart from the copyright issues that CC licenses cover.

What attribution obligations exist when CC-licensed images are included in a published dataset? Is linking to the original image or URI required, and if so, is it adequate?

It depends. First, keep in mind that CC licenses never limit uses that copyright doesn’t control. For example, as a general matter text and data mining in the United States is considered a fair use and does not require permission under copyright. This means that reusers engaged in text and data mining do not have to adhere to the marking and attribution requirements in our licenses for that activity even though we strongly recommend they do so anyway. A second example is linking. In some countries, linking to copyrighted content doesn’t require permission under copyright law, which means the CC license obligations do not come into play even though the linked content is CC-licensed.

Where a CC-licensed work is distributed as part of a database or dataset, and assuming copyright (or in the European Union, copyright or sui generis database rights) is triggered, then the license conditions must be respected. This means providing the required attribution information in a way that is reasonable under the circumstances. Our licenses allow for some flexibility, and in some cases that may be as simple as providing a link to the website where the relevant attribution information is provided. Visit our marking practices page for more information.

If a for-profit company uses CC-licensed content under a Non Commercial license and releases the work under terms that allow only research purposes, is the NC restriction violated?

This depends on whether any of the uses made of the works by the company, whether for profit or non profit, are primarily intended for commercial advantage or monetary compensation. This is hard to know without having all of the facts about how a work was used, whether internally by the company for its own purposes or how the work was distributed for further use. Visit our NC page for more information about what constitutes commercial and non commercial uses of works.

If NC-licensed content is redistributed to the public under an NC license, that distribution would not violate the NC clause. (Note that CC strongly discourages the use of any license terms other than a CC NC license for redistributions of NC-licensed content.)

If CC SA-licensed content is included in a database, does the entire database have to be licensed under an SA license?

CC licenses never require a reuser of a CC-licensed work to make the original work or resulting works (collections, derivatives, etc.) publicly available. There are lots of private reuses of works that are permitted by CC’s licenses that do not require compliance with their terms. Regarding ShareAlike, the condition only applies if a work is modified and if the work is shared publicly. In the situation where a reuser created a dataset of photos and made it publicly available, and assuming copyright permission is required, then what is released is likely a collection or compilation of pre-existing works. CC licenses do not require the collection or the compilation itself to be made available under an SA license, even though each individual work is still licensed individually under an SA license and if they were modified by the distributor the modified photo would need to be licensed under the same terms. For example, were Creative Commons to compile photographs from a photo sharing website under a BY-SA 2.0 license and create a database that it then publicly distributed, CC could license the collection as a whole under a BY license, but the photographs would continue to be licensed under BY-SA 2.0.

What, if any, remedies, do users have if they dislike how their photos or images have been reused?

Several remedies are potentially available. Some may be available if the CC license terms have been violated, and others may be available through other, separate avenues because they involve other laws or regulations that the CC licenses do not cover. It’s important to remember, however, that absent a violation of the license the permissions granted under the license remain in place and cannot be revoked.

  • Under the CC licenses, even if a license condition has not been violated licensors can ask that attribution to them be removed so they can distance themselves from the reuse.
  • For violations of a CC license term where the license was required (not a fair use, etc.) then you may have a claim for copyright infringement. Fortunately, in the CC community most license violations are handled amicably without resorting to the courts.
  • For claims involving laws and regulations other than copyright, recourse may be available depending on your local laws.

An important starting point for any would-be sharer of content under a CC license is to educate yourself in advance about how they work and what rights they do and do not cover. We have many FAQs on our website. We also provide human-readable deeds with links to the full text of our licenses. Additionally, all of our licenses highlight at the beginning many considerations that licensors should have in mind before they license, and considerations for reusers of works before they do so in order to avoid inadvertent violations.

Notes

  1. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).↩

#####EOF##### Use & remix - Creative Commons
Creative Commons > Use & remix

Use & remix

One goal of Creative Commons is to increase the amount of openly licensed creativity in “the commons” — the body of work freely available for legal use, sharing, repurposing, and remixing. Through the use of CC licenses, millions of people around the world have made their photos, videos, writing, music, and other creative content available for any member of the public to use.

Search the Commons

Click here to find CC licensed content via search services provided by other independent organizations.

Attributing Sources

You can use CC-licensed materials as long as you follow the license conditions. One condition of all CC licenses is attribution. Here is an example of an ideal attribution of a CC-licensed image by Flickr user Sixteen Miles of String:

CC Birthday

 

 

 

 

 

 

 

 

 

“Creative Commons 10th Birthday Celebration San Francisco” by Timothy Vollmer is licensed under CC BY 2.0

More information on attribution best practices.

The growing commons

1.1 billion works and counting. Explore these featured Creative Commons Licensed resources below — from literary works, to videos, photos, audio, open education, scientific research and more! Or you can share your work, and help light up the global commons!

#####EOF##### Policies - Creative Commons
Creative Commons > Policies

Policies

Creative Commons maintains and publishes policies that apply to the use of our websites, content and software that we publish, our trademarks, and to those participating in the Creative Commons Global Network, including Individual and Institutional Members, as well as non-Members who participate in CC projects around the world. Note that some of these policies are maintained on other website pages but can be viewed by clicking on the relevant link below.

The following policies are applicable to anyone who uses our websites.

The Creative Commons Trademark Policy applies to anyone who uses the CC trademarks.

When you participate in the Creative Commons Global Network (“CCGN”) as a member or non-member, in addition to the generally applicable policies on this page, the following legal policies apply to you as you engage with CC and the network:

CC’s Licensing Statement for Content and Software Code

Other than the Creative Commons trademarks (licensed subject to the Trademark Policy below) and the text of Creative Commons legal tools and human-readable Commons deeds (dedicated to the public domain as specified below), all content on this site is licensed under the Creative Commons Attribution 4.0 International license unless otherwise marked.

Software: All of the software code we create is free software. Please check our code repository for the specific license that applies to software code you wish to use.
Legal text (we call this legal code) and Commons deeds: Creative Commons makes the legal code of its licenses and the CC0 Public Domain Dedication available under the CC0 Public Domain Dedication. CC also makes the Commons deeds associated with its licenses, the CC0 Public Domain Dedication, and the Public Domain Mark available under the CC0 Public Domain Dedication. This allows anyone to reuse those texts for any purpose; however, CC reserves fully and unconditionally all trademark and branding rights associated with the licenses, the CC0 Public Domain Dedication, and the Commons deeds. See the Trademark Policy below for more detail.

Creative Commons Trademark Policy

Trademarks are words, graphic designs, or other indicia that identify the source of a product or service. Creative Commons uses a variety of trademarks. Some Creative Commons trademarks serve the purpose of (i) communicating the type of legal tool chosen by the rights holder and/or (ii) indicating that the creator has applied a Creative Commons license to her work. Our registered trademarks and other trademarks include CREATIVE COMMONS (regardless of stylization, capitalization, translation, or other presentation), CC (including the CC in a circle logo (the “CC Logo”) and CC standing alone), CC+ (within a circle or standing alone) and CCPlus, CC0, all of the Creative Commons license and public domain buttons and icons, and any combination of the foregoing, whether integrated into a larger whole or standing alone. This also includes all of the CC trademarks incorporated into Unicode and any other similar standard.

You are authorized to use our trademarks subject to this Trademark Policy, and only on the further condition that you download images of the trademarks directly from our website or apply them through an authorized provider, including software that incorporates the trademarks in Unicode. You are not authorized to use any modified versions of our trademarks, except that you may use a different color for the CC logo and its background so long as the two colors chosen have a contrast ratio of at least 3:1.

Creative Commons retains the right to revoke any trademark license for any reason or for no specified reason. Creative Commons is particularly likely to revoke a license if, in its sole discretion, it finds that your use of the trademark is likely to bring disrepute to Creative Commons or any of its trademarks, or confuses the public. For the avoidance of doubt, you do not need our permission to use our corporate logo for referential use (e.g., to refer to Creative Commons as an organization), provided that such use does not imply endorsement by or association with Creative Commons.

For the avoidance of doubt, no member of the CC affiliate network or of the CC Global Network, including chapters, is authorized to use CC’s trademarks except in compliance with this policy. This includes, without limitation, that no use of CC trademarks may be used for projects or activities that are not expressly approved in advance by Creative Commons (via legal@creativecommons.org). Creative Commons intends to update these policies in advance of the CC Global Summit 2018, and once updated will apply to all members of the CC Global Network.

Modification of CC Licenses: To prevent confusion and maintain consistency, you are not allowed to use CREATIVE COMMONS, CC, the CC Logo, or any other Creative Commons trademarks with modified versions of any of our legal tools or Commons deeds, including modifications that do not modify the legal code directly but that further restrict or condition the rights granted by the particular legal tool. These modifications are often contained in a website’s terms of use, and where they are present you may not suggest that you are offering works under a Creative Commons legal tool. For the avoidance of doubt, you may not use any CC trademarks with unofficial language translations of CC licenses. See this page for more information.

Creative Commons Public Copyright License Marks: Creative Commons licenses the use of its public copyright license marks, which include the CC Logo, on the conditions that you use the marks solely to describe the Creative Commons license that applies to a particular work and, in a manner reasonable to the medium and context, include the URI or a hyperlink to the corresponding Commons deed on the Creative Commons server.

Public Domain Dedication Marks: Creative Commons licenses the use of its public domain dedication marks, on the conditions that you use the mark solely to describe that the CC0 Public Domain Dedication applies to a particular work and, in a manner reasonable to the medium and context, include the URI or a hyperlink to the Commons deed on the Creative Commons server.

Public Domain Mark: Creative Commons licenses the use of its trademarked Public Domain Mark badge on the conditions that you use the mark solely to describe that the Creative Commons Public Domain Mark applies to a particular work and, in a manner reasonable to the medium and context, include the URI or hyperlink to the Public Domain Mark on the Creative Commons server.

Creative Commons License Buttons and Icons: Creative Commons licenses the use of its button marks that describe a particular legal tool and its icon marks that describe a key license element, such as BY, NC, ND, and SA, on the conditions that you use the mark solely to describe the Creative Commons legal tool that applies to a particular work and, in a manner reasonable to the medium and context, include the URI or hyperlink to the relevant Commons deed on the Creative Commons server.

Legacy marks: Creative Commons has retired some of its prior legal tools, all of which have associated trademarks, such as the Developing Nations License, the Sampling License, and Founder’s Copyright. Although these tools have been retired and are no longer recommended for use, they are still legally effective as to works to which they are applied. Therefore, those trademarks may only be used under the terms and conditions of this Trademark Policy. Creative Commons licenses the use of its legacy marks on the conditions that you use the mark solely to describe the Creative Commons legal tool that applies to the particular work and, in a manner reasonable to the medium and context, include the URI or hyperlink to the relevant Commons deed on the Creative Commons server. Note that legacy marks are not available for download on our website.

Additional permissions: In addition to the permissions granted in advance to the public as set forth above, Creative Commons may agree to grant additional permissions upon request. Please submit any such request to legal@creativecommons.org. Except as specifically stated above or otherwise set forth in a written agreement with you, no additional permissions are granted.

Merchandising Policy: If you would like to use the Creative Commons or other CC trademarks on clothing or other merchandise, you must first receive permission from Creative Commons. Please submit your request to legal@creativecommons.org.

CCGN Internet Services Policy

This Policy governs the operation of websites, social media accounts, and mailing lists for CC Chapters in the Creative Commons Global Network.

Chapter Websites

To avoid confusion, all Chapters should have one principal public source of online information about the Chapter and its activities. Chapters can choose to use a subdomain provided and hosted by CC HQ, or Chapters can use a domain name of their own and host/manage the site themselves. If Chapters use their own domain name, the subdomain will be forwarded, so that everyone coming to creativecommons.org can find the site.

                       Subdomains: Creative Commons will establish a subdomain on its main website for each Chapter. The sub-domain will consist of xx.creativecommons.org, where xx is the top-level domain extension for the Project’s jurisdiction (e.g., ca.creativecommons.org). The subdomain will be maintained by CC HQ as part of a WordPress multisite setup. Each Chapter is asked to designate at least one representative to be on point to correspond with CC about administrator access privileges to the subdomain.

                       Top-Level Domain Names (“TLDs”) and Country Code Top-Level Domains (“ccTLD”): Chapters may decide to use a separate domain name. We ask that such website holders hold the domain name and website in trust for Creative Commons, and add Creative Commons as a technical contact on the WHOIS for the site. If, at any time, the Chapter decides that the website and domain should be operated by another person or institution or retired, the website holder must cooperate in the transfer or lapse of the website and domain, as applicable. Creative Commons reserves the right to decide that a TLD must be transferred to Creative Commons or shut down in order to avoid trademark confusion, if a Chapter was unable to continue operating, or for any other reason.

Chapter Website Content

All website content on Chapter Websites should be made available under a CC license, ideally CC BY 4.0 or CC0. Chapters should establish their own guidelines for continued operation and updating of their Chapter Website, consistent with the Chapter Guidelines (https://github.com/creativecommons/global-network-strategy/blob/master/docs/chapters-guidelines.md) and other CC policies. All Chapter Websites must include a prominent disclaimer that the website does not provide legal advice. CC reserves the right to request the removal of any content that fails (in CC’s sole discretion) to comply with this or other CC policies.

Chapter Website Administration

As part of the main Creative Commons website, the subdomains are managed by Creative Commons and therefore subject to all of the policies of the CC site, including the DMCA policy, terms of service, and privacy policy. Every participant in a Chapter agrees to comply with all such policies and will take any actions requested by CC in order to ensure compliance. Unlike subdomains, Chapters that choose to operate TLDs in accordance with the above are alone responsible for ensuring that they establish and maintain terms of service, a privacy policy, and any other policies necessary to comply with applicable laws, including copyright and data privacy laws.

Chapter Social Media Accounts

Chapters may establish and maintain a single account on a reasonable number of public-facing social media platforms on behalf of the Chapter. The Chapter should track the accounts, platforms, and login information as they are established, and alert CC as to which accounts it has and who operates them on behalf of the Chapter. The Chapter is responsible for ensuring consistency and quality in the content and operation of those accounts, and may establish guidelines in accordance with the Chapter Guidelines (https://github.com/creativecommons/global-network-strategy/blob/master/docs/chapters-standards.md) to achieve this.

Chapter Mailing Lists

If a Chapter wants to set up and maintain a mailing list for its activities, the Chapter may use the services provided by Creative Commons. Whether or not using CC-provided mailing lists, everyone participating in a Chapter must comply with data privacy laws when dealing with participant email addresses and other personal information.

Chapter Github Repositories

Each Chapter may request that Creative Commons open one repository on their behalf on CC’s organization account on Github. The Chapter is responsible for ensuring that the repository is used in accordance with Github terms and applicable law.

Note: This policy may be updated from time to time following consultation and collaboration with the Global Network Council.

Chapter Logo Policy

Every CC Chapter around the world, once established in accordance with the Charter and other applicable rules and guidelines, may create a single logo to designate their particular country chapter (“Chapter Logo”). The Chapter Logo must include our “Creative Commons” name and/or our CC in a circle logo in their original font and style.

Chapter Logo Approval: The Chapter Lead must submit the Chapter Logo to legal@creativecommons.org for approval. For the avoidance of doubt, this approval requirement applies even in cases where a Chapter selects a logo that was previously used in connection with a CC affiliate team under the prior network governance model.

Use of the Chapter Logo: We give you permission to use the approved Chapter Logo of the CC Chapter in which you are a participant, solely in order to promote and further the CC-related work done by your CC Chapter consistent with the Charter [https://creativecommons.org/network/charter/], the rules established by the CC Global Network Council, and the policies and positions established by Creative Commons. We recognize that you and the other individuals and institutions involved in your CC Chapter are also engaged in jobs, projects, and activities that are tangentially or unrelated to CC.  For the avoidance of doubt, you and others involved in the CC Chapter are not entitled to use the Chapter Logo for any purposes other than those stated above.

We will continue to work with you to ensure that you and others involved in the CC Chapter use the Chapter Logo in a manner consistent with the principles and policies of CC.  You agree to fully cooperate with and take any actions requested by CC relating to all usage of the Chapter Logo by anyone involved in your CC Chapter. It is understood that CC can end this permission at any time in its sole discretion, including if at any time your status as a participant ends, the CC Chapter becomes inactive, or if you or others involved in the CC Chapter fail to cooperate with or adhere to the policies of CC.  

You further agree to comply with any policies set forth by your Chapter as to how the Chapter Logo may or may not be used. In the event of a conflict between a guideline set forth by your Chapter and a policy of Creative Commons, the Creative Commons policy will govern.

Ownership of the Chapter Logo: All uses of the Chapter Logo will inure solely to Creative Commons. You and the others involved in your CC Chapter will obtain no ownership or other rights to the Chapter Logo.  You agree not to contest, oppose, impair, or challenge CC’s ownership of the Chapter Logos or any of its other trademarks. You will not register or attempt to register the Chapter Logo as a trademark in any jurisdiction and will not oppose CC’s registration or use of the Chapter Logo.

Page last updated: 29 May 2018

#####EOF##### Frequently Asked Questions - Creative Commons
English | Français

Frequently Asked Questions

2019-04-02 14:07:11 UTC

These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information.

  • Other CC FAQs: CC0 Public Domain Dedication and Public Domain Mark.
  • “Licensor”, “rights holder”, “owner”, and “creator” may be used interchangeably to refer to the person or entity applying a CC license.
  • Information about the licenses is primarily made with reference to the 4.0 suite, but earlier license versions are mentioned where they differ.
  • Have a question that isn’t answered here? Contact info@creativecommons.org.

Creative Commons does not provide legal advice. This FAQ is for informational purposes and is not a substitute for legal advice. It may not cover important issues that affect you. You should consult with your own lawyer if you have questions.

About CC

What is Creative Commons and what do you do?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. Our legal tools help those who want to encourage reuse of their works by offering them for use under generous, standardized terms; those who want to make creative uses of works; and those who want to benefit from this symbiosis. Our vision is to help others realize the full potential of the internet. CC has affiliates all over the world who help ensure our licenses work internationally and who raise awareness of our work.

Although Creative Commons is best known for its licenses, our work extends beyond just providing copyright licenses. CC offers other legal and technical tools that also facilitate sharing and discovery of creative works, such as CC0, a public domain dedication for rights holders who wish to put their work into the public domain before the expiration of copyright, and the Public Domain Mark, a tool for marking a work that is in the worldwide public domain. Creative Commons licenses and tools were designed specifically to work with the web, which makes content that is offered under their terms easy to search for, discover, and use.

For more information about CC, our main website contains in-depth information about the organization, its staff and board of directors, its history, and its supporters. You can also read CC case studies to learn about some of the inspiring ways CC licenses and tools have been used to share works and support innovative business models. You can find regularly updated information about CC by visiting the blog.

Absolutely not. CC has responded to claims to the contrary. CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

That said, Creative Commons recognizes the need for change in copyright law, and many members of the Creative Commons community are active participants in the copyright reform movement. For more information, see our statement in support of copyright reform.

What does “Some Rights Reserved” mean?

Copyright grants to creators a bundle of exclusive rights over their creative works, which generally include, at a minimum, the right to reproduce, distribute, display, and make adaptations. The phrase “All Rights Reserved” is often used by owners to indicate that they reserve all of the rights granted to them under the law. When copyright expires, the work enters the public domain, and the rights holder can no longer stop others from engaging in those activities under copyright, with the exception of moral rights reserved to creators in some jurisdictions. Creative Commons licenses offer creators a spectrum of choices between retaining all rights and relinquishing all rights (public domain), an approach we call “Some Rights Reserved.”

No. Creative Commons is not a law firm and does not provide legal advice or legal services. CC is similar to a self-help service that offers free, form-based legal documents for others to use. These FAQ answers many of the most common questions. There is also specialized information available on the following pages:

While CC does provide this informational guidance about its licenses and other tools, this information may not apply to your particular situation, and should never be taken as legal advice.

If you’re looking for legal advice about using CC licenses and other tools, we recommend contacting the Creative Commons affiliate in your jurisdiction. CC affiliates are highly connected to the communities of copyright lawyers in their countries. We also offer a list of lawyers and organizations who have identified themselves as willing to provide information to others about CC licensing issues. However, please note that CC does not provide referral services, and does not endorse or recommend any person on that list.

Does Creative Commons collect or track material licensed under a CC license?

No, CC does not collect content or track licensed material. However, CC builds technical tools that help the public search for and use works licensed under our licenses and other legal tools, and many others have built such tools as well. CC Search is one tool developed by CC to help the public discover works offered under Creative Commons licenses on the internet via CC-aware search engines and repositories.

What do the Creative Commons buttons do?

The CC buttons are a shorthand way to convey the basic permissions associated with material offered under CC licenses. Creators and owners who apply CC licenses to their material can download and apply those buttons to communicate to users the permissions granted in advance. When the material is offered online, the buttons should usually link out to the human-readable license deeds (which, in turn, link to the license itself).

May I use the Creative Commons logo and buttons?

You may download high resolution versions of the Creative Commons logos and use them in connection with your work or your website, provided you comply with our policies. Among other things, if you use the logos on a website or on your work, you may not alter the logos in any respect—such as by changing the font, the proportions, or the colors. CC’s buttons, name, and corporate logo (the “CC” in a circle) are trademarks of Creative Commons. You cannot use them in ways not permitted by our policies unless you first receive express, written permission. This means, for example, that you cannot (without our permission) print your own buttons and t-shirts using CC logos, although you can purchase them in CC’s store.

I love Creative Commons. How can I help?

Please support CC by making a donation through our support page. Donations can be handled through PayPal or by credit card. You can also support CC by visiting our store.

CC always welcomes your feedback, which you can provide by emailing . You can also participate in CC’s email discussion lists and share feedback and ideas in one of those forums.

If you are a software developer, sysadmin, or have other technical expertise, please join our developer community and help build the tools that build the commons.

Finally, one of the best ways to support CC is by supporting our causes yourself. Follow our blog to find out about current issues where you can help get involved and spread the word, and advocate for free and open licensing in your own communities.

Why does Creative Commons run an annual fundraising campaign? What is the money used for and where does it go?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, with affiliates all over the world who help ensure our licenses work internationally and raise awareness about our work. Our tools are free, and our reach is wide.

In order to…

  • continue developing our licenses and public domain tools to make sure they are legally and technically up-to-date around the world,
  • help creators implement these tools on websites through best practices and individual assistance,
  • enable CC licensing on major content-sharing platforms,
  • enhance CC-licensed resource search and discovery,
  • advocate for CC licensing and open policies in education, science, and culture, and
  • myriad other activities we’re forgetting to mention, such as all the everyday boring but essential operations that go into running an organization

…we need $ to make it all happen! For more information, please take a look at our Annual Report.

Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. It is essential we have the public’s support because it is the creators and users of CC material who make our tools relevant in this digital age. They depend on the tools and services CC provides through their reuse and remix of the rich, open resources available on Wikipedia, Flickr, SoundCloud, Vimeo, Europeana, MIT OpenCourseWare, the Library of Science, Al Jazeera, and YouTube—just to name a few. Many of these people donate $10, $25, or $50 to CC, to help keep it up and running so we can continue to provide our tools and services for free, as a nonprofit organization. The more people who donate to CC, the more independent it will remain.

General License Information

What are Creative Commons licenses?

Creative Commons licenses provide an easy way to manage the copyright terms that attach automatically to all creative material under copyright. Our licenses allow that material to be shared and reused under terms that are flexible and legally sound. Creative Commons offers a core suite of six copyright licenses. Because there is no single “Creative Commons license,” it is important to identify which of the six licenses you are applying to your material, which of the six licenses has been applied to material that you intend to use, and in both cases the specific version.

All of our licenses require that users provide attribution (BY) to the creator when the material is used and shared. Some licensors choose the BY license, which requires attribution to the creator as the only condition to reuse of the material. The other five licenses combine BY with one or more of three additional license elements: NonCommercial (NC), which prohibits commercial use of the material; NoDerivatives (ND), which prohibits the sharing of adaptations of the material; and ShareAlike (SA), which requires adaptations of the material be released under the same license.

CC licenses may be applied to any type of work, including educational resources, music, photographs, databases, government and public sector information, and many other types of material. The only categories of works for which CC does not recommend its licenses are computer software and hardware. You should also not apply Creative Commons licenses to works that are no longer protected by copyright or are otherwise in the public domain. Instead, for those works in the worldwide public domain, we recommend that you mark them with the Public Domain Mark.

How do CC licenses operate?

CC licenses are operative only when applied to material in which a copyright exists, and even then only when a particular use would otherwise not be permitted by copyright. Note that the latest version of CC licenses also applies to rights similar to copyright, such as neighboring rights and sui generis database rights. Learn more about the scope of the licenses. This means that CC license terms and conditions are not triggered by uses permitted under any applicable exceptions and limitations to copyright, nor do license terms and conditions apply to elements of a licensed work that are in the public domain. This also means that CC licenses do not contractually impose restrictions on uses of a work where there is no underlying copyright. This feature (and others) distinguish CC licenses from some other open licenses like the ODbL and ODC-BY, both of which are intended to impose contractual conditions and restrictions on the reuse of databases in jurisdictions where there is no underlying copyright or sui generis database right.

All CC licenses are non-exclusive: creators and owners can enter into additional, different licensing arrangements for the same material at any time (often referred to as “dual-licensing” or “multi-licensing”). However, CC licenses are not revocable once granted unless there has been a breach, and even then the license is terminated only for the breaching licensee.

There are also videos and comics that offer visual descriptions of how CC licenses work.

Which is the latest version of the licenses offered by Creative Commons?

In November 2013, Creative Commons published the version 4.0 license suite. These licenses are the most up-to-date licenses offered by CC, and are recommended over all prior versions. You can see how the licenses have been improved over time on the license versions page. 4.0 has been drafted to be internationally valid, and will have official translations becoming available after publication.

No. By design, CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions. This is a fundamental principle of CC licensing.

Who gives permission to use material offered under Creative Commons licenses?

Our licenses and legal tools are intended for use by anyone who holds copyright in the material. This is often, but not always, the creator.

Creative Commons offers licenses and tools to the public free of charge and does not require that creators or other rights holders register with CC in order to apply a CC license to a work. This means that CC does not have special knowledge of who uses the licenses and for what purposes, nor does CC have a way to contact creators beyond means generally available to the public. CC has no authority to grant permission on behalf of those persons, nor does CC manage those rights on behalf of others.

If you would like to obtain additional permissions to use the work beyond those granted by the license that has been applied, or if you’re not sure if your intended use is permitted by the license, you should contact the rights holder.

Are Creative Commons licenses enforceable in a court of law?

Creative Commons licenses are drafted to be enforceable around the world, and have been enforced in court in various jurisdictions. To CC’s knowledge, the licenses have never been held unenforceable or invalid.

CC licenses contain a “severability” clause. This allows a court to eliminate any provision determined to be unenforceable, and enforce the remaining provisions of the license.

What happens if someone applies a Creative Commons license to my work without my knowledge or authorization?

CC alerts prospective licensors they need to have all necessary rights before applying a CC license to a work. If that is not the case and someone has marked your work with a CC license without your authorization, you should contact that person and tell them to remove the license from your work. You may also wish to contact a lawyer. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What are the international (“unported”) Creative Commons licenses, and why does CC offer “ported” licenses?

One of CC’s goals is ensuring that all of its legal tools work globally, so that anyone anywhere in the world can share their work on globally standard terms. To this end, CC offers a core suite of six international copyright licenses (formerly called the “unported”) that are drafted based largely on various international treaties governing copyright, taking into account as many jurisdiction-specific legal issues as possible. The latest version (4.0) has been drafted with particular attention to the needs of international enforceability.

For version 3.0 and earlier, Creative Commons has also offered ported versions of its six core licenses for many jurisdictions (which usually correspond to countries, but not always). These ported licenses are based on the international license suite but have been modified to reflect local nuances in the expression of legal terms and conditions, drafting protocols, and language. The ported licenses and the international licenses are all intended to be legally effective everywhere. CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

Can governments and intergovernmental organizations (“IGOs”) use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors’ overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the “machine readable” layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]”; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you’re uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC’s Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC’s legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC’s Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and running pilot programs that allow creators to use CC licenses in some circumstances.

If you are already a member of a collecting society and want to use CC licenses, you are welcome to encourage your collecting society to give you the option of Creative Commons licensing.

Can I still make money from a work I make available under a Creative Commons license?

Yes. One of our goals is to encourage creators and rights holders to experiment with new ways to promote and market their work. There are several possible ways of doing this.

CC’s NonCommercial (NC) licenses allow rights holders to maximize distribution while maintaining control of the commercialization of their works. If you want to reserve the right to commercialize your work, you may do this by choosing a license with the NC condition. If someone else wants to use your work commercially and you have applied an NC license to your work, they must first get your permission. As the rights holder, you may still sell your own work commercially.

You may also use funding models that do not depend on using an NC license. For example, many artists and creators use crowdfunding to fund their work before releasing it under a less restrictive license. Others use a “freemium” model where the basic content is free, but extras such as a physical printed version or special access to a members-only website are for paying customers only.

For more information and ideas, The Power of Open presents case studies of artists, businesspeople, and organizations who use CC.

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

No. CC licenses allow for flexibility in the way credit is provided depending on the medium, means, and context in which a licensee is redistributing licensed material. For example, providing attribution to the creator when using licensed material in a blog post may be different than doing so in a video remix. This flexibility facilitates compliance by licensees and reduces uncertainty about different types of reuse—minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded.

Can I change the license terms or conditions?

Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons” or “CC” license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials. Keep in mind that altering terms and conditions is distinct from waiving existing conditions or granting additional permissions than those in the licenses. Licensors may always do so, and many choose to do so using the CC+ protocol to readily signal the waiver or additional permission on the CC license deed.

CC does not assert copyright in the text of its licenses, so you are permitted to modify the text as long as you do not use the CC marks to describe it. However, we do not recommend this. We also advise against modifying our licenses through indirect means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other material. This would prevent licensees from using, combining, or remixing content under your customized license with other content under the same or compatible CC licenses.

Modifying licenses creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.

Can I waive license terms or conditions?

Yes. You may always choose to waive some license terms or conditions. Material licensed under a CC license but with additional permissions granted or conditions waived may be compatibly licensed with other material under the same license. Our CC+ protocol provides a mechanism for facilitating that grant or waiver.

Can I enter into separate or supplemental agreements with users of my work?

Yes. CC licenses are nonexclusive. Licensors always have the option of entering into separate arrangements for the sharing of their material in addition to applying a CC license. However, those different arrangements are not “CC” or “Creative Commons” licenses.

Separate agreements: You may offer the licensed material under other licenses in addition to the CC license (a practice commonly referred to as “dual licensing”). For example, you may wish to license a video game soundtrack under both a CC license and the GPL, so that it may be used under either set of terms. A reuser may then choose which set of terms to comply with. Or, for example, you may offer your material to the public under a NonCommercial license, but offer commercial permissions to fee-paying customers.

Supplemental agreements: Problems arise when licensors design those terms or arrangements to serve not as separate, alternative licensing arrangements but as supplemental terms having the effect of changing the standard terms within the CC license. While you may offer separate terms and conditions to other parties, you should not do so in such a way that would neutralize terms of the CC license.

Except in the limited situation where more permissions are being granted or license conditions are waived, if the additional arrangement modifies or conflicts with the CC license terms, then the resulting licensing arrangement is no longer a CC licensing arrangement. To avoid confusing those who may mistakenly believe the work is licensed under standard CC terms, we must insist that in these instances licensors not use our trademarks, names, and logos in connection with their custom licensing arrangement.

It should be noted that any agreements you make with other parties only have an effect on the other parties to that agreement, and do not apply to anyone else receiving the licensed material. For example, if there are terms of use that apply to visitors to your website on which you host CC-licensed material, your terms of use may apply to visitors to that website, but not to anyone who receives copies of the CC-licensed material elsewhere. Even for the visitors to your website, any separate terms and conditions do not become part of the license—they remain a separate contractual agreement, and violation of this agreement does not constitute copyright infringement.

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

A CC license terminates automatically when its conditions are violated. For example, if a reuser of CC-licensed material does not provide the attribution required when sharing the work, then the user no longer has the right to continue using the material and may be liable for copyright infringement. The license is terminated for the user who violated the license. However, all other users still have a valid license, so long as they are in compliance.

Under the 4.0 licenses, a licensee automatically gets these rights back if she fixes the violation within 30 days of discovering it.

If you apply a Creative Commons license and a user violates the license conditions, you may opt to contact the person directly to ask them to rectify the situation or consult a lawyer to act on your behalf. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

As long as users abide by license terms and conditions, licensors cannot control how the material is used. However, CC licenses do provide several mechanisms that allow licensors to choose not to be associated with their material or to uses of their material with which they disagree.

First, all CC licenses prohibit using the attribution requirement to suggest that the licensor endorses or supports a particular use. Second, licensors may waive the attribution requirement, choosing not to be identified as the licensor, if they wish. Third, if the licensor does not like how the material has been modified or used, CC licenses require that the licensee remove the attribution information upon request. (In 3.0 and earlier, this is only a requirement for adaptations and collections; in 4.0, this also applies to the unmodified work.) Finally, anyone modifying licensed material must indicate that the original has been modified. This ensures that changes made to the original material–whether or not the licensor approves of them–are not attributed back to the licensor.

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

The use of any effective technical protection measures (such as digital rights management or “DRM”) by licensees to prevent others from exercising the licensed rights is prohibited.

Not all kinds of encryption or access limitations are prohibited by the licenses. For example, sending content via email and encrypting it with the recipient’s public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a particular set of users (for example, by requiring a username and password to enter a site) does not restrict further use of the content by the recipients. In these examples, these things do not prevent the recipient from exercising all of the rights granted by the license, including the right to redistribute it further.

If someone is applying effective technological measures to your CC-licensed material that do restrict exercise of the licensed rights (such as applying DRM that restricts copying), this is a violation of the license terms unless you have chosen to grant this permission separately.

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

No. CC licenses grant permission to use the licensed material in any media or format regardless of the format in which it has been made available. This is true even if you have applied a NoDerivatives license to your work. Once a CC license is applied to a work in one format or medium, a licensee may use the same work in any other format or medium without violating the licensor’s copyright.

What if I change my mind about using a CC license?

CC licenses are not revocable. Once something has been published under a CC license, licensees may continue using it according to the license terms for the duration of applicable copyright and similar rights. As a licensor, you may stop distributing under the CC license at any time, but anyone who has access to a copy of the material may continue to redistribute it under the CC license terms. While you cannot revoke the license, CC licenses do provide a mechanism for licensors to ask that others using their material remove the attribution information. You should think carefully before choosing a Creative Commons license.

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

CC offers six core licenses, each of which grants a different set of permissions. Before you use CC-licensed material, you should review the terms of the particular license to be sure your anticipated use is permitted. If you wish to use the work in a manner that is not permitted by the license, you should contact the rights holder (often the creator) to get permission first, or look for an alternative work that is licensed in a way that permits your anticipated use. Note that if you use material in a way that is not permitted by the applicable license and your use is not otherwise permitted by an applicable copyright exception or limitation, the license is automatically terminated and you may be liable for copyright infringement, even if you are eligible to have your rights reinstated later.

Before using material offered under a Creative Commons license, you should know that CC licenses only grant permissions needed under copyright and similar rights, and there may be additional rights you need to use it as intended. You should also understand that licensors do not offer warranties or guarantees about the material they are licensing unless expressly indicated otherwise. All materials are licensed “AS IS” and a disclaimer of warranties applies unless expressly provided otherwise. If you want to ask for a warranty or guarantee about rights to use the material, you should talk with the licensor before using it.

Does a Creative Commons license give me all the rights I need to use the work?

It depends. CC licenses do not license rights other than copyright and similar rights (which include sui generis database rights in version 4.0). For example, they do not license trademark or patent rights, or the publicity, personality, and privacy rights of third parties. However, licensors agree to waive or not assert any moral rights, publicity rights, personality rights, or privacy rights they themselves hold, to the limited extent necessary to allow exercise of the licensed rights. Any rights outside of the scope of the license may require clearance (i.e., permission) in order to use the work as you would like.

Additionally, creative works sometimes incorporate works owned by others (known as “third party content”), often used pursuant to a CC license or under an exception or limitation to copyright such as fair use in the U.S. You should make sure you have permission to use any third party content contained in the work you want to use, or that your use is otherwise allowed under the laws of your jurisdiction, particularly in cases such as fair use where your right to use the content depends on the particular context in which you plan to use it.

All CC licenses contain a disclaimer of warranties, meaning that the licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work. You may wish to obtain legal advice before using CC-licensed material if you are not sure whether you have all the rights you need.

What if there are sui generis database rights that apply to my use of a CC-licensed database?

In the somewhat limited circumstances where sui generis database rights apply to your use, special conditions apply and there are more specific considerations you should be aware of. Under 4.0, sui generis database rights are licensed alongside copyright, but the treatment in earlier versions of the license varies. A fuller explanation of these variations and related considerations is available in the Data FAQ.

Where can I find material offered under a CC license?

If you are looking for material offered under a Creative Commons license, CC Search is a good starting point. There is also a directory of organizations and individuals who use CC licenses. Some media sites, such as Flickr, have search filters for material licensed using CC’s licenses.

Be sure to confirm that the material you want to use is actually under a CC license, as search results may sometimes be misleading.

Are Creative Commons works really free to use?

Yes. While many if not most CC-licensed works are available at no cost, some licensors charge for initial access to CC-licensed works—for example, by publishing CC-licensed content only to subscribers, or by charging for downloads. However, even if you have paid an access charge, once you have a copy of CC-licensed material, you may make any further uses permitted by the license without paying licensing fees.

(If you wish to make uses that are not permitted by the license—for example, making a commercial use of an NC-licensed photo—the licensor may charge for those additional rights.)

What should I know about differences between the international licenses and the ported licenses?

As a licensee, you should always read and understand the relevant license’s legal code before using CC-licensed material, particularly if you are using material that is licensed using a ported license with which you are unfamiliar. Our porting process involved adapting the international licenses to the legal framework of different jurisdictions, and in that process slight adjustments may have been made that you should make yourself aware of in advance of using the material. You can find more information about the ported licenses in the Jurisdiction Database.

There are currently no ported versions of 4.0, and we expect there will be few, if any, in the future. All official translations of the 4.0 international licenses are equivalent: you may substitute one for another depending on your preferred language.

However, the ported versions of 3.0 and earlier sometimes contain small differences from the international license depending on the ways in which they have been adapted to their jurisdictions. For example, a handful of the ported licenses contain provisions specifying which laws will apply in the event the licensor chooses to enforce the license, and a few of the ported licenses contain forum selection clauses.

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Contact the rights holders to ask for permission. Otherwise, unless an exception or limitation to copyright applies, your use of the material may violate the Creative Commons license. If you violate the terms of the license, your rights to use the material will be automatically terminated, and you may be liable for copyright infringement.

Do I always have to comply with the license terms? If not, what are the exceptions?

You need to comply with the license terms if what you are doing would otherwise require permission from the rights holder. If your use would not require permission from the rights holder because it falls under an exception or limitation, such as fair use, or because the material has come into the public domain, the license does not apply, and you do not need to comply with its terms and conditions. Additionally, if you are using an excerpt small enough to be uncopyrightable, the license does not apply to your use, and you do not need to comply with its terms.

However, if you are using excerpts of CC-licensed material which individually are minimal and do not require license compliance, but together make up a significant copyrightable chunk, you must comply with the license terms. For example, if you quote many individual lines from a poem across several sections of a blog post, and your use is not a fair use, you must comply with the license even though no individual line would have been a substantial enough portion of the work to require this.

Attribution

How do I properly attribute material offered under a Creative Commons license?

All CC licenses require users to attribute the creator of licensed material, unless the creator has waived that requirement, not supplied a name, or asked that her name be removed. Additionally, you must retain a copyright notice, a link to the license (or to the deed), a license notice, a notice about the disclaimer of warranties, and a URI if reasonable. For versions prior to 4.0, you must also provide the title of the work. (Though it is not a requirement in 4.0, it is still recommended if one is supplied.)

You must also indicate if you have modified the work—for example, if you have taken an excerpt, or cropped a photo. (For versions prior to 4.0, this is only required if you have created an adaptation by contributing your own creative material, but it is recommended even when not required.) It is not necessary to note trivial alterations, such as correcting a typo or changing a font size. Finally, you must retain an indication of previous modifications to the work.

CC licenses have a flexible attribution requirement, so there is not necessarily one correct way to provide attribution. The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner. Additionally, you may satisfy the attribution requirement by providing a link to a place where the attribution information may be found.

While the attribution requirements in the license are the minimum requirement, we always recommend that you follow the best practices for the kind of use you are making. For example, if you are using scientific data marked with CC0, you are not required to give attribution at all, but we recommend that you give the same credit you would give to any other source—not because the license requires it, but because that is the standard for letting others know the source of the data.

The CC website offers some best practices to help you attribute properly, and the CC Australia team has developed a helpful guide to attributing CC-licensed material (.pdf) in different formats. Note that the attribution and marking requirements vary slightly among license versions. See here for a chart comparing the specific requirements.

Do I need to be aware of anything else when providing attribution?

Yes. You need to be careful not to imply any sponsorship, endorsement, or connection with the licensor or attribution party without their permission. Wrongfully implying that a creator, publisher, or anyone else endorses you or your use of a work may be unlawful. Creative Commons makes the obligation not to imply endorsement explicit in its licenses. In addition, if the licensor of a work requests that you remove the identifying credit, you must do so to the extent practical.

Additionally, when you are using a work that is an adaptation of one or more pre-existing works, you may need to give credit to the creator(s) of the pre-existing work(s), in addition to giving credit to the creator of the adaptation.

Do I always have to attribute the creator of the licensed material?

You must attribute the creator when you provide material to the public by any means that is restricted by copyright or similar rights. If you are using the material personally but are not making it or any adaptations of it available to others, you do not have to attribute the licensor. Similarly, if you are only distributing the material or adaptations of it within your company or organization, you do not have to comply with the attribution requirement. Learn more about when compliance with the license is not required.

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such.

Can I take a CC-licensed work and use it in a different format?

Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.

This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work.

How do I know if a low-resolution photo and a high-resolution photo are the same work?

As with most copyright questions, it will depend on applicable law. Generally, to be different works under copyright law, there must be expressive or original choices made that make one work a separate and distinct work from another. The determination depends on the standards for copyright in the relevant jurisdiction.

Under U.S. copyright law, for example, mechanical reproduction of a work into a different format is unlikely to create a separate, new work. Consequently, digitally enhancing or changing the format of a work absent some originality, such as expressive choices made in the enhancement or encoding, will not likely create a separate work for copyright purposes. The creative bar is low, but it is not non-existent. Accordingly, in some jurisdictions releasing a photograph under a CC license will give the public permission to reuse the photograph in a different resolution.

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

The NoDerivs licenses (BY-ND and BY-NC-ND) prohibit reusers from creating adaptations. What constitutes an adaptation, otherwise known as a derivative work, varies slightly based on the law of the relevant jurisdiction.

Incorporating an unaltered excerpt from an ND-licensed work into a larger work only creates an adaptation if the larger work can be said to be built upon and derived from the work from which the excerpt was taken. Generally, no derivative work is made of the original from which the excerpt was taken when the excerpt is used to illuminate an idea or provide an example in another larger work. Instead, only the reproduction right of the original copyright holder is being exercised by person reusing the excerpt. All CC licenses grant the right to reproduce a CC-licensed work for noncommercial purposes (at a minimum). For example, a person could make copies of one chapter of an ND-licensed book and not be in violation of the license so long as other conditions of the license are met.

There are exceptions to that general rule, however, when the excerpts are combined with other material in a way that creates some new version of the original from which the excerpt is taken. For example, if a portion of a song was used as part of a new song, that may rise to the level of creating an adaptation of the original song, even though only a portion of it was used and even if that portion was used as-is.

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

No. When you receive material under a Creative Commons license, you may not place additional terms and conditions on the reuse of the work. This includes using effective technological measures (ETMs) that would restrict a licensee’s ability to exercise the licensed rights.

A technological measure is considered an ETM if circumventing it carries penalties under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements. Generally, this means that the anti-circumvention laws of various jurisdictions would cover attempts to break it.

For example, if you remix a CC-licensed song, and you wish to share it on a music site that places digital copy-restriction on all uploaded files, you may not do this without express permission from the licensor. However, if you upload that same file to your own site or any other site that does not apply DRM to the file, and a listener chooses to stream it through an app that applies DRM, you have not violated the license.

Note that merely converting material into a different format that is difficult to access or is only available for certain platforms does not violate the restriction; you may do this without violating the license terms.

Can I share CC-licensed material on password-protected sites?

Yes. This is not considered to be a prohibited measure, so long as the protection is merely limiting who may access the content, and does not restrict the authorized recipients from exercising the licensed rights. For example, you may post material under any CC license on a site restricted to members of a certain school, or to paying customers, but you may not place effective technological measures (including DRM) on the files that prevents them from sharing the material elsewhere.

(Note that charging for access may not be permitted with NC-licensed material; however, it is not disallowed by the restriction on ETMs.)

Can I share CC-licensed material on file-sharing networks?

Yes. All CC licenses allow redistribution of the unmodified material by any means, including distribution via file-sharing networks. Note that file-trading is expressly considered to be noncommercial for purposes of compliance with the NC licenses. Barter of NC-licensed material for other items of value is not permitted.

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

If you have received material under a CC license that is encumbered with effective technological measures (such as digital rights management or DRM), you may or may not be permitted to break it, depending on the circumstances. By releasing material under a CC license, the licensor agrees not to assert any rights she may have to prevent the circumvention of effective technological measures. (Under the 3.0 and earlier licenses, this is implied but not explicit.) However, if she has uploaded it to a site or other distribution channel that itself applies such measures, that site may have the right to prevent you from breaking them, even though the licensor herself cannot do so.

Note that anti-circumvention laws can impose criminal liability in some jurisdictions.

What if I have received CC-licensed material with additional restrictions?

It is possible that CC-licensed material will appear on platforms that impose terms in addition to the copyright license (though Creative Commons strongly discourages restrictions that interfere with exercise of the licensed rights). These additional terms do not form part of the license for the work. For example, if you download CC-licensed material from a site that does not permit downloading, you may be breaking the terms of use of the site, but you are not infringing the CC license. See our guide to Modifying the CC licenses for more guidance and information.

Combining and adapting CC material

When is my use considered an adaptation?

Whether a modification of licensed material is considered an adaptation for the purpose of CC licenses depends primarily on the applicable copyright law. Copyright law reserves to an original creator the right to create adaptations of the original work. CC licenses that allow for adaptations to be shared—all except BY-ND and BY-NC-ND—grant permission to others to create and redistribute adaptations when doing so would otherwise constitute a violation of applicable copyright law. Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable, such as a translation of a novel from one language to another, or the creation of a screenplay based on a novel.

Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation, whether or not it would be considered so under applicable law. Also, under version 4.0, certain uses of databases restricted by sui generis database rights also constitute adaptations (called “Adapted Material” in the 4.0 licenses), whether or not they would be considered adaptations under copyright law. For more details about adaptations in the database context, see the Data FAQ.

Note that all CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license.

Note on terminology: throughout these FAQs, we use the term “remix” interchangeably with “adapt.” Both are designed to mean doing something that constitutes an adaptation under copyright law.

Can I combine material under different Creative Commons licenses in my work?

It depends. The first question to ask is whether doing so constitutes an adaptation. If the combination does not create an adaptation, then you may combine any CC-licensed content so long as you provide attribution and comply with the NonCommercial restriction if it applies. If you want to combine material in a way that results in the creation of an adaptation (i.e. a “remix”), then you must pay attention to the particular license that applies to the content you want to combine.

The NoDerivatives licenses do not permit remixing except for private use (the pre-4.0 licenses do not permit remixing at all, except as allowed by exceptions and limitations to copyright). All the other CC licenses allow remixes, but may impose limitations or conditions on how the remix may be used. For example, if you create a remix with material licensed under a ShareAlike license, you need to make sure that all of the material contributed to the remix is licensed under the same license or one that CC has named as compatible, and you must properly credit all of the sources with the required attribution and license information. Similarly, if you want to use a remix for commercial purposes, you cannot incorporate material released under one of the NonCommercial licenses.

The chart below shows which CC-licensed material can be remixed. To use the chart, find a license on the left column and on the top right row. If there is a check mark in the box where that row and column intersect, then the works can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies. See below for details on how remixes may be licensed.

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If you make adaptations of material under a CC license (i.e. “remix”), the original CC license always applies to the material you are adapting even once adapted. The license you may choose for your own contribution (called your “adapter’s license”) depends on which license applies to the original material. Recipients of the adaptation must comply with both the CC license on the original and your adapter’s license.

  • BY and BY-NC material

When remixing BY or BY-NC material, it is generally recommended that your adapter’s license include at least the same license elements as the license applied to the original material. This eases reuse for downstream users because they are able to satisfy both licenses by complying with the adapter’s license. For example, if you adapt material licensed under BY-NC, your adapter’s license should also contain the NC restriction. See the chart below for more details.

  • BY-SA and BY-NC-SA material

In general, when remixing ShareAlike content, your adapter’s license must be the same license as the license on the material you are adapting. All licenses after version 1.0 also allow you to license your contributions under a later version of the same license, and some also allow ported licenses. (See the license versions page for details.) If you wish to adapt material under BY-SA or BY-NC-SA and release your contributions under a non-CC license, you should visit the Compatibility page to see which options are allowed.

  • BY-ND and BY-NC-ND material

The BY-ND and BY-NC-ND licenses do not permit distribution of adaptations (also known as remixes or derivative works), and prohibits the creation of adaptations under the pre-4.0 versions of those licenses. Since you may not share remixes of these materials at all, there is no compatibility with other licenses. (Note that the ND licenses do allow you to reproduce the material in unmodified form together with other material in a collection, as indicated in the next FAQ.)

  • Adapter’s license chart

The chart below details the CC license(s) you may use as your adapter’s license. When creating an adaptation of material under the license identified in the lefthand column, you may license your contributions to the adaptation under one of the licenses indicated on the top row if the corresponding box is green. CC does not recommend using a license if the corresponding box is yellow, although doing so is technically permitted by the terms of the license. If you do, you should take additional care to mark the adaptation as involving multiple copyrights under different terms so that downstream users are aware of their obligations to comply with the licenses from all rights holders. Dark gray boxes indicate those licenses that you may not use as your adapter’s license.

Adapter’s license chart Adapter’s license
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work PD              
BY              
BY-NC              
BY-NC-ND              
BY-NC-SA              
BY-ND              
BY-SA              
Abbreviation Key

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

All Creative Commons licenses (including the version 4.0 licenses) allow licensed material to be included in collections such as anthologies, encyclopedias, and broadcasts. You may choose a license for the collection, however this does not change the license applicable to the original material.

When you include CC-licensed content in a collection, you still must adhere to the license conditions governing your use of the material incorporated. For example, material under any of the Creative Commons NonCommercial licenses cannot be used commercially. The table below indicates what type of CC-licensed works you may incorporate into collections licensed for commercial and noncommercial uses.

Original Work Commercial Collection (BY, BY-SA, BY-ND) NonCommercial Collection (BY-NC, BY-NC-SA, BY-NC-ND)
PD    
BY    
BY-NC    
BY-NC-ND    
BY-NC-SA    
BY-ND    
BY-SA    

License termination

When do Creative Commons licenses expire?

Creative Commons licenses expire when the underlying copyright and similar rights expire.

Note that the relevant rights may expire at different times. For example, you may have a CC-licensed song where the rights in the musical arrangement expire before the rights in the lyrics. In this case, when the copyright in the music expires, you may use it without being required to comply with the conditions of the CC license; however, you must still comply with the license if you use the lyrics.

What happens if the author decides to revoke the CC license to material I am using?

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms. Of course, you may choose to respect the licensor’s wishes and stop using the work.

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

All of the CC licenses terminate if you fail to follow the license conditions. If this happens, you no longer have a license to use the material.

In the 4.0 licenses, your rights under the license are automatically reinstated if you correct this failure within 30 days of discovering the violation (either on your own or because the licensor or someone else has told you). Under the 3.0 and earlier licenses, there is no automatic reinstatement.

If you have lost your rights under a CC license and are not entitled to automatic reinstatement, you may regain your rights under the license if the licensor expressly grants you permission. You cannot simply re-download the material to get a new license.

Note that you may still be liable for damages for copyright infringement for the period where you were not in compliance with the license.

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

The Creative Commons licenses have three layers, as does the CC0 public domain dedication: the human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The Public Domain Mark is not legally operative, and so has only two layers: the human-readable mark and machine-readable metadata.

When material is licensed using any of the CC licenses or tools, it is highly recommended that a CC button, text, or other marker somehow accompany it. There are many possible modes for marking. For our licenses, people generally use the CC license chooser to generate HTML code that can be pasted into the webpage where the licensed material is published. CC0 and the Public Domain Mark have a separate chooser. Many platforms and web services such as Flickr and Drupal support CC licensing directly, allowing you to select an appropriate license. The service then properly marks the work for you.

CC has published some best practices for marking your CC-licensed material, and recommends:

  • Including a visual indicator (some combination of text and images) that the work is licensed with one of the CC licenses.
  • Clearly indicating what material is covered under the CC license, especially if it’s presented alongside non-licensed materials.
  • Including a link to the human-readable deed (which itself contains a link to the legal code).
  • Embedding machine-readable metadata in the code of the license indicator or code of the licensed page.

See the marking page for more details.

What does it mean that Creative Commons licenses are “machine-readable”?

Creative Commons has specified CC REL as a way to associate machine-readable licensing metadata with objects offered under CC licenses.

Before Creative Commons developed this vocabulary, it was difficult for a machine to ascertain whether an object was marked with a CC license. There was also no standard, predictable place to house metadata about that license (for example, the source URL of the work or the required mode of attribution).

Machine-readable metadata based on well-accepted metadata standards creates a platform upon which new services and applications can be built. Software and services can detect CC licenses and the details of that license, as described by the metadata. For example, on many websites and search engines such as Google and Flickr, you can run filtered searches for works offered under specific CC licenses. In addition, CC license deeds can automatically create copy-and-paste attribution code so users may easily comply with the BY condition of the licenses. When you click on a CC license or button from a page with license metadata, you get copy-and-paste attribution HTML within that license deed page. That HTML is based on available RDFa metadata in the original material.

All HTML provided by the CC license chooser is automatically annotated with metadata in RDFa format.

What is RDFa?

RDFa is a method for embedding structured data in a web page. For more information about RDFa, see the following resources:

What is CC REL and why does Creative Commons recommend it?

Creative Commons Rights Expression Language (CC REL) renders information about licenses and works machine-readable through standards that define the semantic web. Creative Commons wants to make it easy for creators and scientists to build upon the works of others when they choose; licensing your work for reuse and finding properly licensed works to reuse should be easy. CC recommends that you mark your licensed works with CC REL. The Creative Commons license chooser provides HTML annotated with CC REL, while the Creative Commons deeds recognize CC REL on web pages with works offered under a CC license, and use this metadata to enhance the deed for properly marked-up works, e.g., by providing copy and paste HTML that includes work attribution.

For more background information on CC REL, please refer to this paper.

What does it mean for a search engine to be CC-enabled?

Some search engines (like Google) allow people to filter their search results by usage rights so that you can limit your search results according to the particular CC license you seek. For example, if you are looking for a photo to adapt, you can filter your search to return photos that have a CC license that permits creation of adaptations. You can generally find this search feature on the advanced search page of your selected search engine. You can also use CC Search, which offers a convenient interface to search and a list of those content providers that support searches for content based on usage rights.

Please note, however, that you should always double check to make sure that the work you locate through a search is licensed as you wish.

How do I give users of my site the option to use CC licensing like Flickr does?

Creative Commons provides tools for integrating license selection with your site. You can find an overview at the Web Integration article on the CC wiki. The Partner Interface is a good way to get started and will always have the most up-to-date license versions and translations. However, there is also an API available if you want more control.

How can I change or remove the Creative Commons search option built into the Firefox browser?

Mozilla has included the Creative Commons search function in many versions of Firefox along with search options for Google, Amazon, and other popular sites. Please take a look at the Firefox article on the CC wiki for an explanation of how to change these features.

If you want to add or remove a particular search option, click on the logo in the search box (for example, the CC logo or the Google logo). This will open the pull down menu, which will allow you to select different search providers. If you choose “Manage Search Engines,” you will be able to add or remove search engines. You can also alter the order in which the search providers appear on the pull down menu.

Is Creative Commons involved in digital rights management (DRM)?

No. CC licenses are a form of rights expression, not rights management. CC provides tools to make it easier for creators and owners to say which rights they reserve and permissions they grant. This is different from digital rights management (or “DRM”), which uses technological protection measures to prevent people from using the work in a way that the owner has not permitted.

CC licenses contain language prohibiting licensees from the use of effective technological measures (including DRM) to prevent access to licensed material: ”You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any such recipient.”

While licensors may apply effective technological measures (ETMs) to their own materials, the licensor provides a limited permission to circumvent these measures: “The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures.” Note that this only applies to effective technological measures applied by licensors themselves: third parties such as distribution platforms may still apply ETMs if the licensor uploads there, and the license is not able to grant you permission to circumvent it.

Copyright law grants exclusive rights to creators of original works of authorship. National laws usually extend protections to such works automatically once fixed in a tangible medium, prohibiting the making of copies without the rights holder’s permission, among other things. On the internet, even the most basic activities involve making copies of copyrighted content. As content is increasingly uploaded, downloaded, and shared online, copyright law is becoming more relevant to more people than it was 20 years ago. Unfortunately, infringing copyrights—even unintentionally or unknowingly—can lead to liability. Successful navigation of the internet requires some understanding of copyright law.

What is the public domain?

The public domain of copyright refers to the aggregate of those works that are not restricted by copyright within a given jurisdiction. A work may be part of the public domain because the applicable term of copyright has expired, because the rights holder surrendered copyright in the work with a tool like CC0, or because the work did not meet the applicable standards for copyrightability.

Because the public domain depends on the copyright laws in force within a particular territory, sometimes a work may be considered “in the public domain” of one jurisdiction, but not in another. For example, U.S. government works are automatically in the public domain under U.S. copyright law, but might be restricted by copyright in other countries.

The Public Domain Manifesto, the University Libraries page, and the CC0 FAQs all contain additional information about the public domain.

Copyright in most jurisdictions attaches automatically without need for any formality once a creative work is fixed in tangible form (i.e. the minute you put pen to paper, take a photo, or hit the “save” button on your computer).

In some jurisdictions, creators may be required to register with a national agency in order to enforce copyright in court. If you would like more information, please consult the Berne Convention or your jurisdiction’s copyright law.

Although you do not have to apply a copyright notice for your work to be protected, it may be a useful tool to clearly signal to people that the work is yours. It also tells the public who to contact about the work.

What is an adaptation?

An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.

In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter’s personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil’s copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction’s copyright law for more information.

What are moral rights?

Copyright laws in many jurisdictions around the world grant creators “moral rights” in addition to the economic or commercial right to exploit their creative works. Moral rights protect the personal and reputational value of a work for its creator. Moral rights differ by country, and can include the right of attribution, the right to have a work published anonymously or pseudonymously, and/or the right to the integrity of the work. The moral right of integrity may provide creators with a source for redress if an adaptation represents derogatory treatment of their work, typically defined as “distortion or mutilation” of the work or treatment that is “prejudicial to the honor, or reputation of the author.” Not all jurisdictions provide for moral rights.

The CC licenses are intended to minimize the effect of moral rights on a licensee’s ability to use licensed material; however, in some jurisdictions, these rights may still have an effect. CC offers some additional information on how CC licenses may affect your moral rights.

What are neighboring rights?

Copyright provides an incentive to create works by providing exclusive rights to creators. However, the distribution or exploitation of a work often involves more than just the creator. For example, if someone writes a song, someone else may perform the song, and another may produce the recording of the song. Some jurisdictions extend copyright to the contributions made by these persons; other jurisdictions extend such exclusive rights in the form of neighboring rights. Neighboring rights may include performers’ rights or broadcasters’ rights, among others. The Rome Convention sets forth some guidelines on the scope of neighboring rights. Not all jurisdictions recognize neighboring rights.

What are sui generis database rights?

Sui generis database rights grant qualifying database makers the right to prohibit the extraction and reuse of a substantial portion of a database. The rights are granted to database makers that make a substantial investment of time and resources to create the database. Sui generis database rights are primarily enacted within the European Union and a handful of other jurisdictions.

What are collecting societies?

Collecting societies are copyright management organizations. Some examples of collecting societies include ASCAP and BMI (United States), BUMA/STEMRA (Netherlands), PRS (United Kingdom), and APRA (Australia). These societies license works on behalf of their owners and process royalty payments from parties using the copyrighted works.

CC offers additional information on how collecting societies might affect your rights and your ability to apply CC licenses to your work. CC has several pilots underway with collecting societies that have chosen to allow their members to use CC licenses on a limited basis.

What are publicity, personality, and privacy rights?

These terms are used differently in different jurisdictions. Generally speaking, these rights allow individuals to control the use of their voice, image, likeness, or other identifiable aspect of their identity, especially for purposes of commercial exploitation. Similarly, in some jurisdictions these rights allow people to restrict others’ ability to publish information about them without their permission. Whether and to what extent these rights exist, and if so, how they are labeled, varies depending on the jurisdiction.

Creative Commons licenses have a limited effect on these rights where the licensor holds them. Where the licensor has publicity, personality, or privacy rights that may affect your ability to use the material as the license intends, the licensor agrees to waive or not assert those rights. However, any such rights not held by the licensor are not affected and may still affect your desired use of a licensed work. If you have created a work or wish to use a work that might in some way implicate these rights, you may need to obtain permission from the individuals whose rights may be affected.

Data

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

: Uses of CC Licenses with Data and Databases : Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker’s investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [marking page]https://wiki.creativecommons.org/wiki/Marking_your_work_with_a_CC_license “wikilink”) for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights–but not copyright–are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.1 These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker’s substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Artificial intelligence and CC licenses

What are the limits on how CC-licensed works can be used in the development of new technologies, such as training of artificial intelligence software?

The licenses grant permission for reuse in any situation that requires permission under copyright. There are many ways in which CC-licensed work works and even all rights reserved works can be reused without permission. This includes uses that are fair uses, for example.

If someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected. This is one of the enduring qualities of our licenses — they have been carefully designed to work with all new technologies where copyright comes into play. No special or explicit permission regarding new technologies from a copyright perspective is required.

But what about privacy laws, rules governing ethical research, and data protection laws?

CC’s copyright licenses are not universal policy tools. Copyright is the primary obstacle to reuse that our licenses solve, but there are many other issues related to the reuse of content that our licenses do not address and that reusers should be aware of. These can include privacy and rules governing ethical research and the collection or use of data, which have to be addressed and respected separate and apart from the copyright issues that CC licenses cover.

What attribution obligations exist when CC-licensed images are included in a published dataset? Is linking to the original image or URI required, and if so, is it adequate?

It depends. First, keep in mind that CC licenses never limit uses that copyright doesn’t control. For example, as a general matter text and data mining in the United States is considered a fair use and does not require permission under copyright. This means that reusers engaged in text and data mining do not have to adhere to the marking and attribution requirements in our licenses for that activity even though we strongly recommend they do so anyway. A second example is linking. In some countries, linking to copyrighted content doesn’t require permission under copyright law, which means the CC license obligations do not come into play even though the linked content is CC-licensed.

Where a CC-licensed work is distributed as part of a database or dataset, and assuming copyright (or in the European Union, copyright or sui generis database rights) is triggered, then the license conditions must be respected. This means providing the required attribution information in a way that is reasonable under the circumstances. Our licenses allow for some flexibility, and in some cases that may be as simple as providing a link to the website where the relevant attribution information is provided. Visit our marking practices page for more information.

If a for-profit company uses CC-licensed content under a Non Commercial license and releases the work under terms that allow only research purposes, is the NC restriction violated?

This depends on whether any of the uses made of the works by the company, whether for profit or non profit, are primarily intended for commercial advantage or monetary compensation. This is hard to know without having all of the facts about how a work was used, whether internally by the company for its own purposes or how the work was distributed for further use. Visit our NC page for more information about what constitutes commercial and non commercial uses of works.

If NC-licensed content is redistributed to the public under an NC license, that distribution would not violate the NC clause. (Note that CC strongly discourages the use of any license terms other than a CC NC license for redistributions of NC-licensed content.)

If CC SA-licensed content is included in a database, does the entire database have to be licensed under an SA license?

CC licenses never require a reuser of a CC-licensed work to make the original work or resulting works (collections, derivatives, etc.) publicly available. There are lots of private reuses of works that are permitted by CC’s licenses that do not require compliance with their terms. Regarding ShareAlike, the condition only applies if a work is modified and if the work is shared publicly. In the situation where a reuser created a dataset of photos and made it publicly available, and assuming copyright permission is required, then what is released is likely a collection or compilation of pre-existing works. CC licenses do not require the collection or the compilation itself to be made available under an SA license, even though each individual work is still licensed individually under an SA license and if they were modified by the distributor the modified photo would need to be licensed under the same terms. For example, were Creative Commons to compile photographs from a photo sharing website under a BY-SA 2.0 license and create a database that it then publicly distributed, CC could license the collection as a whole under a BY license, but the photographs would continue to be licensed under BY-SA 2.0.

What, if any, remedies, do users have if they dislike how their photos or images have been reused?

Several remedies are potentially available. Some may be available if the CC license terms have been violated, and others may be available through other, separate avenues because they involve other laws or regulations that the CC licenses do not cover. It’s important to remember, however, that absent a violation of the license the permissions granted under the license remain in place and cannot be revoked.

  • Under the CC licenses, even if a license condition has not been violated licensors can ask that attribution to them be removed so they can distance themselves from the reuse.
  • For violations of a CC license term where the license was required (not a fair use, etc.) then you may have a claim for copyright infringement. Fortunately, in the CC community most license violations are handled amicably without resorting to the courts.
  • For claims involving laws and regulations other than copyright, recourse may be available depending on your local laws.

An important starting point for any would-be sharer of content under a CC license is to educate yourself in advance about how they work and what rights they do and do not cover. We have many FAQs on our website. We also provide human-readable deeds with links to the full text of our licenses. Additionally, all of our licenses highlight at the beginning many considerations that licensors should have in mind before they license, and considerations for reusers of works before they do so in order to avoid inadvertent violations.

Notes

  1. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).↩

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Llegó el momento decisivo para el proyecto de directiva sobre derechos de autor en el mercado único digital de la Unión Europea. Las dramáticas consecuencias negativas que traerían los filtros de carga de contenidos serían desastrosas para la visión que Creative Commons tiene como organización y comunidad global. La inclusión del Artículo 13 hace que … Read More “Los europeos deberían decirle al Parlamento que vote NO a los filtros de derechos de autor”

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Frequently Asked Questions

2019-04-02 14:07:11 UTC

These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information.

  • Other CC FAQs: CC0 Public Domain Dedication and Public Domain Mark.
  • “Licensor”, “rights holder”, “owner”, and “creator” may be used interchangeably to refer to the person or entity applying a CC license.
  • Information about the licenses is primarily made with reference to the 4.0 suite, but earlier license versions are mentioned where they differ.
  • Have a question that isn’t answered here? Contact info@creativecommons.org.

Creative Commons does not provide legal advice. This FAQ is for informational purposes and is not a substitute for legal advice. It may not cover important issues that affect you. You should consult with your own lawyer if you have questions.

About CC

What is Creative Commons and what do you do?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. Our legal tools help those who want to encourage reuse of their works by offering them for use under generous, standardized terms; those who want to make creative uses of works; and those who want to benefit from this symbiosis. Our vision is to help others realize the full potential of the internet. CC has affiliates all over the world who help ensure our licenses work internationally and who raise awareness of our work.

Although Creative Commons is best known for its licenses, our work extends beyond just providing copyright licenses. CC offers other legal and technical tools that also facilitate sharing and discovery of creative works, such as CC0, a public domain dedication for rights holders who wish to put their work into the public domain before the expiration of copyright, and the Public Domain Mark, a tool for marking a work that is in the worldwide public domain. Creative Commons licenses and tools were designed specifically to work with the web, which makes content that is offered under their terms easy to search for, discover, and use.

For more information about CC, our main website contains in-depth information about the organization, its staff and board of directors, its history, and its supporters. You can also read CC case studies to learn about some of the inspiring ways CC licenses and tools have been used to share works and support innovative business models. You can find regularly updated information about CC by visiting the blog.

Absolutely not. CC has responded to claims to the contrary. CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

That said, Creative Commons recognizes the need for change in copyright law, and many members of the Creative Commons community are active participants in the copyright reform movement. For more information, see our statement in support of copyright reform.

What does “Some Rights Reserved” mean?

Copyright grants to creators a bundle of exclusive rights over their creative works, which generally include, at a minimum, the right to reproduce, distribute, display, and make adaptations. The phrase “All Rights Reserved” is often used by owners to indicate that they reserve all of the rights granted to them under the law. When copyright expires, the work enters the public domain, and the rights holder can no longer stop others from engaging in those activities under copyright, with the exception of moral rights reserved to creators in some jurisdictions. Creative Commons licenses offer creators a spectrum of choices between retaining all rights and relinquishing all rights (public domain), an approach we call “Some Rights Reserved.”

No. Creative Commons is not a law firm and does not provide legal advice or legal services. CC is similar to a self-help service that offers free, form-based legal documents for others to use. These FAQ answers many of the most common questions. There is also specialized information available on the following pages:

While CC does provide this informational guidance about its licenses and other tools, this information may not apply to your particular situation, and should never be taken as legal advice.

If you’re looking for legal advice about using CC licenses and other tools, we recommend contacting the Creative Commons affiliate in your jurisdiction. CC affiliates are highly connected to the communities of copyright lawyers in their countries. We also offer a list of lawyers and organizations who have identified themselves as willing to provide information to others about CC licensing issues. However, please note that CC does not provide referral services, and does not endorse or recommend any person on that list.

Does Creative Commons collect or track material licensed under a CC license?

No, CC does not collect content or track licensed material. However, CC builds technical tools that help the public search for and use works licensed under our licenses and other legal tools, and many others have built such tools as well. CC Search is one tool developed by CC to help the public discover works offered under Creative Commons licenses on the internet via CC-aware search engines and repositories.

What do the Creative Commons buttons do?

The CC buttons are a shorthand way to convey the basic permissions associated with material offered under CC licenses. Creators and owners who apply CC licenses to their material can download and apply those buttons to communicate to users the permissions granted in advance. When the material is offered online, the buttons should usually link out to the human-readable license deeds (which, in turn, link to the license itself).

May I use the Creative Commons logo and buttons?

You may download high resolution versions of the Creative Commons logos and use them in connection with your work or your website, provided you comply with our policies. Among other things, if you use the logos on a website or on your work, you may not alter the logos in any respect—such as by changing the font, the proportions, or the colors. CC’s buttons, name, and corporate logo (the “CC” in a circle) are trademarks of Creative Commons. You cannot use them in ways not permitted by our policies unless you first receive express, written permission. This means, for example, that you cannot (without our permission) print your own buttons and t-shirts using CC logos, although you can purchase them in CC’s store.

I love Creative Commons. How can I help?

Please support CC by making a donation through our support page. Donations can be handled through PayPal or by credit card. You can also support CC by visiting our store.

CC always welcomes your feedback, which you can provide by emailing . You can also participate in CC’s email discussion lists and share feedback and ideas in one of those forums.

If you are a software developer, sysadmin, or have other technical expertise, please join our developer community and help build the tools that build the commons.

Finally, one of the best ways to support CC is by supporting our causes yourself. Follow our blog to find out about current issues where you can help get involved and spread the word, and advocate for free and open licensing in your own communities.

Why does Creative Commons run an annual fundraising campaign? What is the money used for and where does it go?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, with affiliates all over the world who help ensure our licenses work internationally and raise awareness about our work. Our tools are free, and our reach is wide.

In order to…

  • continue developing our licenses and public domain tools to make sure they are legally and technically up-to-date around the world,
  • help creators implement these tools on websites through best practices and individual assistance,
  • enable CC licensing on major content-sharing platforms,
  • enhance CC-licensed resource search and discovery,
  • advocate for CC licensing and open policies in education, science, and culture, and
  • myriad other activities we’re forgetting to mention, such as all the everyday boring but essential operations that go into running an organization

…we need $ to make it all happen! For more information, please take a look at our Annual Report.

Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. It is essential we have the public’s support because it is the creators and users of CC material who make our tools relevant in this digital age. They depend on the tools and services CC provides through their reuse and remix of the rich, open resources available on Wikipedia, Flickr, SoundCloud, Vimeo, Europeana, MIT OpenCourseWare, the Library of Science, Al Jazeera, and YouTube—just to name a few. Many of these people donate $10, $25, or $50 to CC, to help keep it up and running so we can continue to provide our tools and services for free, as a nonprofit organization. The more people who donate to CC, the more independent it will remain.

General License Information

What are Creative Commons licenses?

Creative Commons licenses provide an easy way to manage the copyright terms that attach automatically to all creative material under copyright. Our licenses allow that material to be shared and reused under terms that are flexible and legally sound. Creative Commons offers a core suite of six copyright licenses. Because there is no single “Creative Commons license,” it is important to identify which of the six licenses you are applying to your material, which of the six licenses has been applied to material that you intend to use, and in both cases the specific version.

All of our licenses require that users provide attribution (BY) to the creator when the material is used and shared. Some licensors choose the BY license, which requires attribution to the creator as the only condition to reuse of the material. The other five licenses combine BY with one or more of three additional license elements: NonCommercial (NC), which prohibits commercial use of the material; NoDerivatives (ND), which prohibits the sharing of adaptations of the material; and ShareAlike (SA), which requires adaptations of the material be released under the same license.

CC licenses may be applied to any type of work, including educational resources, music, photographs, databases, government and public sector information, and many other types of material. The only categories of works for which CC does not recommend its licenses are computer software and hardware. You should also not apply Creative Commons licenses to works that are no longer protected by copyright or are otherwise in the public domain. Instead, for those works in the worldwide public domain, we recommend that you mark them with the Public Domain Mark.

How do CC licenses operate?

CC licenses are operative only when applied to material in which a copyright exists, and even then only when a particular use would otherwise not be permitted by copyright. Note that the latest version of CC licenses also applies to rights similar to copyright, such as neighboring rights and sui generis database rights. Learn more about the scope of the licenses. This means that CC license terms and conditions are not triggered by uses permitted under any applicable exceptions and limitations to copyright, nor do license terms and conditions apply to elements of a licensed work that are in the public domain. This also means that CC licenses do not contractually impose restrictions on uses of a work where there is no underlying copyright. This feature (and others) distinguish CC licenses from some other open licenses like the ODbL and ODC-BY, both of which are intended to impose contractual conditions and restrictions on the reuse of databases in jurisdictions where there is no underlying copyright or sui generis database right.

All CC licenses are non-exclusive: creators and owners can enter into additional, different licensing arrangements for the same material at any time (often referred to as “dual-licensing” or “multi-licensing”). However, CC licenses are not revocable once granted unless there has been a breach, and even then the license is terminated only for the breaching licensee.

There are also videos and comics that offer visual descriptions of how CC licenses work.

Which is the latest version of the licenses offered by Creative Commons?

In November 2013, Creative Commons published the version 4.0 license suite. These licenses are the most up-to-date licenses offered by CC, and are recommended over all prior versions. You can see how the licenses have been improved over time on the license versions page. 4.0 has been drafted to be internationally valid, and will have official translations becoming available after publication.

No. By design, CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions. This is a fundamental principle of CC licensing.

Who gives permission to use material offered under Creative Commons licenses?

Our licenses and legal tools are intended for use by anyone who holds copyright in the material. This is often, but not always, the creator.

Creative Commons offers licenses and tools to the public free of charge and does not require that creators or other rights holders register with CC in order to apply a CC license to a work. This means that CC does not have special knowledge of who uses the licenses and for what purposes, nor does CC have a way to contact creators beyond means generally available to the public. CC has no authority to grant permission on behalf of those persons, nor does CC manage those rights on behalf of others.

If you would like to obtain additional permissions to use the work beyond those granted by the license that has been applied, or if you’re not sure if your intended use is permitted by the license, you should contact the rights holder.

Are Creative Commons licenses enforceable in a court of law?

Creative Commons licenses are drafted to be enforceable around the world, and have been enforced in court in various jurisdictions. To CC’s knowledge, the licenses have never been held unenforceable or invalid.

CC licenses contain a “severability” clause. This allows a court to eliminate any provision determined to be unenforceable, and enforce the remaining provisions of the license.

What happens if someone applies a Creative Commons license to my work without my knowledge or authorization?

CC alerts prospective licensors they need to have all necessary rights before applying a CC license to a work. If that is not the case and someone has marked your work with a CC license without your authorization, you should contact that person and tell them to remove the license from your work. You may also wish to contact a lawyer. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What are the international (“unported”) Creative Commons licenses, and why does CC offer “ported” licenses?

One of CC’s goals is ensuring that all of its legal tools work globally, so that anyone anywhere in the world can share their work on globally standard terms. To this end, CC offers a core suite of six international copyright licenses (formerly called the “unported”) that are drafted based largely on various international treaties governing copyright, taking into account as many jurisdiction-specific legal issues as possible. The latest version (4.0) has been drafted with particular attention to the needs of international enforceability.

For version 3.0 and earlier, Creative Commons has also offered ported versions of its six core licenses for many jurisdictions (which usually correspond to countries, but not always). These ported licenses are based on the international license suite but have been modified to reflect local nuances in the expression of legal terms and conditions, drafting protocols, and language. The ported licenses and the international licenses are all intended to be legally effective everywhere. CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

Can governments and intergovernmental organizations (“IGOs”) use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors’ overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the “machine readable” layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]”; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you’re uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC’s Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC’s legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC’s Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and running pilot programs that allow creators to use CC licenses in some circumstances.

If you are already a member of a collecting society and want to use CC licenses, you are welcome to encourage your collecting society to give you the option of Creative Commons licensing.

Can I still make money from a work I make available under a Creative Commons license?

Yes. One of our goals is to encourage creators and rights holders to experiment with new ways to promote and market their work. There are several possible ways of doing this.

CC’s NonCommercial (NC) licenses allow rights holders to maximize distribution while maintaining control of the commercialization of their works. If you want to reserve the right to commercialize your work, you may do this by choosing a license with the NC condition. If someone else wants to use your work commercially and you have applied an NC license to your work, they must first get your permission. As the rights holder, you may still sell your own work commercially.

You may also use funding models that do not depend on using an NC license. For example, many artists and creators use crowdfunding to fund their work before releasing it under a less restrictive license. Others use a “freemium” model where the basic content is free, but extras such as a physical printed version or special access to a members-only website are for paying customers only.

For more information and ideas, The Power of Open presents case studies of artists, businesspeople, and organizations who use CC.

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

No. CC licenses allow for flexibility in the way credit is provided depending on the medium, means, and context in which a licensee is redistributing licensed material. For example, providing attribution to the creator when using licensed material in a blog post may be different than doing so in a video remix. This flexibility facilitates compliance by licensees and reduces uncertainty about different types of reuse—minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded.

Can I change the license terms or conditions?

Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons” or “CC” license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials. Keep in mind that altering terms and conditions is distinct from waiving existing conditions or granting additional permissions than those in the licenses. Licensors may always do so, and many choose to do so using the CC+ protocol to readily signal the waiver or additional permission on the CC license deed.

CC does not assert copyright in the text of its licenses, so you are permitted to modify the text as long as you do not use the CC marks to describe it. However, we do not recommend this. We also advise against modifying our licenses through indirect means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other material. This would prevent licensees from using, combining, or remixing content under your customized license with other content under the same or compatible CC licenses.

Modifying licenses creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.

Can I waive license terms or conditions?

Yes. You may always choose to waive some license terms or conditions. Material licensed under a CC license but with additional permissions granted or conditions waived may be compatibly licensed with other material under the same license. Our CC+ protocol provides a mechanism for facilitating that grant or waiver.

Can I enter into separate or supplemental agreements with users of my work?

Yes. CC licenses are nonexclusive. Licensors always have the option of entering into separate arrangements for the sharing of their material in addition to applying a CC license. However, those different arrangements are not “CC” or “Creative Commons” licenses.

Separate agreements: You may offer the licensed material under other licenses in addition to the CC license (a practice commonly referred to as “dual licensing”). For example, you may wish to license a video game soundtrack under both a CC license and the GPL, so that it may be used under either set of terms. A reuser may then choose which set of terms to comply with. Or, for example, you may offer your material to the public under a NonCommercial license, but offer commercial permissions to fee-paying customers.

Supplemental agreements: Problems arise when licensors design those terms or arrangements to serve not as separate, alternative licensing arrangements but as supplemental terms having the effect of changing the standard terms within the CC license. While you may offer separate terms and conditions to other parties, you should not do so in such a way that would neutralize terms of the CC license.

Except in the limited situation where more permissions are being granted or license conditions are waived, if the additional arrangement modifies or conflicts with the CC license terms, then the resulting licensing arrangement is no longer a CC licensing arrangement. To avoid confusing those who may mistakenly believe the work is licensed under standard CC terms, we must insist that in these instances licensors not use our trademarks, names, and logos in connection with their custom licensing arrangement.

It should be noted that any agreements you make with other parties only have an effect on the other parties to that agreement, and do not apply to anyone else receiving the licensed material. For example, if there are terms of use that apply to visitors to your website on which you host CC-licensed material, your terms of use may apply to visitors to that website, but not to anyone who receives copies of the CC-licensed material elsewhere. Even for the visitors to your website, any separate terms and conditions do not become part of the license—they remain a separate contractual agreement, and violation of this agreement does not constitute copyright infringement.

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

A CC license terminates automatically when its conditions are violated. For example, if a reuser of CC-licensed material does not provide the attribution required when sharing the work, then the user no longer has the right to continue using the material and may be liable for copyright infringement. The license is terminated for the user who violated the license. However, all other users still have a valid license, so long as they are in compliance.

Under the 4.0 licenses, a licensee automatically gets these rights back if she fixes the violation within 30 days of discovering it.

If you apply a Creative Commons license and a user violates the license conditions, you may opt to contact the person directly to ask them to rectify the situation or consult a lawyer to act on your behalf. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

As long as users abide by license terms and conditions, licensors cannot control how the material is used. However, CC licenses do provide several mechanisms that allow licensors to choose not to be associated with their material or to uses of their material with which they disagree.

First, all CC licenses prohibit using the attribution requirement to suggest that the licensor endorses or supports a particular use. Second, licensors may waive the attribution requirement, choosing not to be identified as the licensor, if they wish. Third, if the licensor does not like how the material has been modified or used, CC licenses require that the licensee remove the attribution information upon request. (In 3.0 and earlier, this is only a requirement for adaptations and collections; in 4.0, this also applies to the unmodified work.) Finally, anyone modifying licensed material must indicate that the original has been modified. This ensures that changes made to the original material–whether or not the licensor approves of them–are not attributed back to the licensor.

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

The use of any effective technical protection measures (such as digital rights management or “DRM”) by licensees to prevent others from exercising the licensed rights is prohibited.

Not all kinds of encryption or access limitations are prohibited by the licenses. For example, sending content via email and encrypting it with the recipient’s public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a particular set of users (for example, by requiring a username and password to enter a site) does not restrict further use of the content by the recipients. In these examples, these things do not prevent the recipient from exercising all of the rights granted by the license, including the right to redistribute it further.

If someone is applying effective technological measures to your CC-licensed material that do restrict exercise of the licensed rights (such as applying DRM that restricts copying), this is a violation of the license terms unless you have chosen to grant this permission separately.

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

No. CC licenses grant permission to use the licensed material in any media or format regardless of the format in which it has been made available. This is true even if you have applied a NoDerivatives license to your work. Once a CC license is applied to a work in one format or medium, a licensee may use the same work in any other format or medium without violating the licensor’s copyright.

What if I change my mind about using a CC license?

CC licenses are not revocable. Once something has been published under a CC license, licensees may continue using it according to the license terms for the duration of applicable copyright and similar rights. As a licensor, you may stop distributing under the CC license at any time, but anyone who has access to a copy of the material may continue to redistribute it under the CC license terms. While you cannot revoke the license, CC licenses do provide a mechanism for licensors to ask that others using their material remove the attribution information. You should think carefully before choosing a Creative Commons license.

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

CC offers six core licenses, each of which grants a different set of permissions. Before you use CC-licensed material, you should review the terms of the particular license to be sure your anticipated use is permitted. If you wish to use the work in a manner that is not permitted by the license, you should contact the rights holder (often the creator) to get permission first, or look for an alternative work that is licensed in a way that permits your anticipated use. Note that if you use material in a way that is not permitted by the applicable license and your use is not otherwise permitted by an applicable copyright exception or limitation, the license is automatically terminated and you may be liable for copyright infringement, even if you are eligible to have your rights reinstated later.

Before using material offered under a Creative Commons license, you should know that CC licenses only grant permissions needed under copyright and similar rights, and there may be additional rights you need to use it as intended. You should also understand that licensors do not offer warranties or guarantees about the material they are licensing unless expressly indicated otherwise. All materials are licensed “AS IS” and a disclaimer of warranties applies unless expressly provided otherwise. If you want to ask for a warranty or guarantee about rights to use the material, you should talk with the licensor before using it.

Does a Creative Commons license give me all the rights I need to use the work?

It depends. CC licenses do not license rights other than copyright and similar rights (which include sui generis database rights in version 4.0). For example, they do not license trademark or patent rights, or the publicity, personality, and privacy rights of third parties. However, licensors agree to waive or not assert any moral rights, publicity rights, personality rights, or privacy rights they themselves hold, to the limited extent necessary to allow exercise of the licensed rights. Any rights outside of the scope of the license may require clearance (i.e., permission) in order to use the work as you would like.

Additionally, creative works sometimes incorporate works owned by others (known as “third party content”), often used pursuant to a CC license or under an exception or limitation to copyright such as fair use in the U.S. You should make sure you have permission to use any third party content contained in the work you want to use, or that your use is otherwise allowed under the laws of your jurisdiction, particularly in cases such as fair use where your right to use the content depends on the particular context in which you plan to use it.

All CC licenses contain a disclaimer of warranties, meaning that the licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work. You may wish to obtain legal advice before using CC-licensed material if you are not sure whether you have all the rights you need.

What if there are sui generis database rights that apply to my use of a CC-licensed database?

In the somewhat limited circumstances where sui generis database rights apply to your use, special conditions apply and there are more specific considerations you should be aware of. Under 4.0, sui generis database rights are licensed alongside copyright, but the treatment in earlier versions of the license varies. A fuller explanation of these variations and related considerations is available in the Data FAQ.

Where can I find material offered under a CC license?

If you are looking for material offered under a Creative Commons license, CC Search is a good starting point. There is also a directory of organizations and individuals who use CC licenses. Some media sites, such as Flickr, have search filters for material licensed using CC’s licenses.

Be sure to confirm that the material you want to use is actually under a CC license, as search results may sometimes be misleading.

Are Creative Commons works really free to use?

Yes. While many if not most CC-licensed works are available at no cost, some licensors charge for initial access to CC-licensed works—for example, by publishing CC-licensed content only to subscribers, or by charging for downloads. However, even if you have paid an access charge, once you have a copy of CC-licensed material, you may make any further uses permitted by the license without paying licensing fees.

(If you wish to make uses that are not permitted by the license—for example, making a commercial use of an NC-licensed photo—the licensor may charge for those additional rights.)

What should I know about differences between the international licenses and the ported licenses?

As a licensee, you should always read and understand the relevant license’s legal code before using CC-licensed material, particularly if you are using material that is licensed using a ported license with which you are unfamiliar. Our porting process involved adapting the international licenses to the legal framework of different jurisdictions, and in that process slight adjustments may have been made that you should make yourself aware of in advance of using the material. You can find more information about the ported licenses in the Jurisdiction Database.

There are currently no ported versions of 4.0, and we expect there will be few, if any, in the future. All official translations of the 4.0 international licenses are equivalent: you may substitute one for another depending on your preferred language.

However, the ported versions of 3.0 and earlier sometimes contain small differences from the international license depending on the ways in which they have been adapted to their jurisdictions. For example, a handful of the ported licenses contain provisions specifying which laws will apply in the event the licensor chooses to enforce the license, and a few of the ported licenses contain forum selection clauses.

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Contact the rights holders to ask for permission. Otherwise, unless an exception or limitation to copyright applies, your use of the material may violate the Creative Commons license. If you violate the terms of the license, your rights to use the material will be automatically terminated, and you may be liable for copyright infringement.

Do I always have to comply with the license terms? If not, what are the exceptions?

You need to comply with the license terms if what you are doing would otherwise require permission from the rights holder. If your use would not require permission from the rights holder because it falls under an exception or limitation, such as fair use, or because the material has come into the public domain, the license does not apply, and you do not need to comply with its terms and conditions. Additionally, if you are using an excerpt small enough to be uncopyrightable, the license does not apply to your use, and you do not need to comply with its terms.

However, if you are using excerpts of CC-licensed material which individually are minimal and do not require license compliance, but together make up a significant copyrightable chunk, you must comply with the license terms. For example, if you quote many individual lines from a poem across several sections of a blog post, and your use is not a fair use, you must comply with the license even though no individual line would have been a substantial enough portion of the work to require this.

Attribution

How do I properly attribute material offered under a Creative Commons license?

All CC licenses require users to attribute the creator of licensed material, unless the creator has waived that requirement, not supplied a name, or asked that her name be removed. Additionally, you must retain a copyright notice, a link to the license (or to the deed), a license notice, a notice about the disclaimer of warranties, and a URI if reasonable. For versions prior to 4.0, you must also provide the title of the work. (Though it is not a requirement in 4.0, it is still recommended if one is supplied.)

You must also indicate if you have modified the work—for example, if you have taken an excerpt, or cropped a photo. (For versions prior to 4.0, this is only required if you have created an adaptation by contributing your own creative material, but it is recommended even when not required.) It is not necessary to note trivial alterations, such as correcting a typo or changing a font size. Finally, you must retain an indication of previous modifications to the work.

CC licenses have a flexible attribution requirement, so there is not necessarily one correct way to provide attribution. The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner. Additionally, you may satisfy the attribution requirement by providing a link to a place where the attribution information may be found.

While the attribution requirements in the license are the minimum requirement, we always recommend that you follow the best practices for the kind of use you are making. For example, if you are using scientific data marked with CC0, you are not required to give attribution at all, but we recommend that you give the same credit you would give to any other source—not because the license requires it, but because that is the standard for letting others know the source of the data.

The CC website offers some best practices to help you attribute properly, and the CC Australia team has developed a helpful guide to attributing CC-licensed material (.pdf) in different formats. Note that the attribution and marking requirements vary slightly among license versions. See here for a chart comparing the specific requirements.

Do I need to be aware of anything else when providing attribution?

Yes. You need to be careful not to imply any sponsorship, endorsement, or connection with the licensor or attribution party without their permission. Wrongfully implying that a creator, publisher, or anyone else endorses you or your use of a work may be unlawful. Creative Commons makes the obligation not to imply endorsement explicit in its licenses. In addition, if the licensor of a work requests that you remove the identifying credit, you must do so to the extent practical.

Additionally, when you are using a work that is an adaptation of one or more pre-existing works, you may need to give credit to the creator(s) of the pre-existing work(s), in addition to giving credit to the creator of the adaptation.

Do I always have to attribute the creator of the licensed material?

You must attribute the creator when you provide material to the public by any means that is restricted by copyright or similar rights. If you are using the material personally but are not making it or any adaptations of it available to others, you do not have to attribute the licensor. Similarly, if you are only distributing the material or adaptations of it within your company or organization, you do not have to comply with the attribution requirement. Learn more about when compliance with the license is not required.

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such.

Can I take a CC-licensed work and use it in a different format?

Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.

This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work.

How do I know if a low-resolution photo and a high-resolution photo are the same work?

As with most copyright questions, it will depend on applicable law. Generally, to be different works under copyright law, there must be expressive or original choices made that make one work a separate and distinct work from another. The determination depends on the standards for copyright in the relevant jurisdiction.

Under U.S. copyright law, for example, mechanical reproduction of a work into a different format is unlikely to create a separate, new work. Consequently, digitally enhancing or changing the format of a work absent some originality, such as expressive choices made in the enhancement or encoding, will not likely create a separate work for copyright purposes. The creative bar is low, but it is not non-existent. Accordingly, in some jurisdictions releasing a photograph under a CC license will give the public permission to reuse the photograph in a different resolution.

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

The NoDerivs licenses (BY-ND and BY-NC-ND) prohibit reusers from creating adaptations. What constitutes an adaptation, otherwise known as a derivative work, varies slightly based on the law of the relevant jurisdiction.

Incorporating an unaltered excerpt from an ND-licensed work into a larger work only creates an adaptation if the larger work can be said to be built upon and derived from the work from which the excerpt was taken. Generally, no derivative work is made of the original from which the excerpt was taken when the excerpt is used to illuminate an idea or provide an example in another larger work. Instead, only the reproduction right of the original copyright holder is being exercised by person reusing the excerpt. All CC licenses grant the right to reproduce a CC-licensed work for noncommercial purposes (at a minimum). For example, a person could make copies of one chapter of an ND-licensed book and not be in violation of the license so long as other conditions of the license are met.

There are exceptions to that general rule, however, when the excerpts are combined with other material in a way that creates some new version of the original from which the excerpt is taken. For example, if a portion of a song was used as part of a new song, that may rise to the level of creating an adaptation of the original song, even though only a portion of it was used and even if that portion was used as-is.

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

No. When you receive material under a Creative Commons license, you may not place additional terms and conditions on the reuse of the work. This includes using effective technological measures (ETMs) that would restrict a licensee’s ability to exercise the licensed rights.

A technological measure is considered an ETM if circumventing it carries penalties under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements. Generally, this means that the anti-circumvention laws of various jurisdictions would cover attempts to break it.

For example, if you remix a CC-licensed song, and you wish to share it on a music site that places digital copy-restriction on all uploaded files, you may not do this without express permission from the licensor. However, if you upload that same file to your own site or any other site that does not apply DRM to the file, and a listener chooses to stream it through an app that applies DRM, you have not violated the license.

Note that merely converting material into a different format that is difficult to access or is only available for certain platforms does not violate the restriction; you may do this without violating the license terms.

Can I share CC-licensed material on password-protected sites?

Yes. This is not considered to be a prohibited measure, so long as the protection is merely limiting who may access the content, and does not restrict the authorized recipients from exercising the licensed rights. For example, you may post material under any CC license on a site restricted to members of a certain school, or to paying customers, but you may not place effective technological measures (including DRM) on the files that prevents them from sharing the material elsewhere.

(Note that charging for access may not be permitted with NC-licensed material; however, it is not disallowed by the restriction on ETMs.)

Can I share CC-licensed material on file-sharing networks?

Yes. All CC licenses allow redistribution of the unmodified material by any means, including distribution via file-sharing networks. Note that file-trading is expressly considered to be noncommercial for purposes of compliance with the NC licenses. Barter of NC-licensed material for other items of value is not permitted.

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

If you have received material under a CC license that is encumbered with effective technological measures (such as digital rights management or DRM), you may or may not be permitted to break it, depending on the circumstances. By releasing material under a CC license, the licensor agrees not to assert any rights she may have to prevent the circumvention of effective technological measures. (Under the 3.0 and earlier licenses, this is implied but not explicit.) However, if she has uploaded it to a site or other distribution channel that itself applies such measures, that site may have the right to prevent you from breaking them, even though the licensor herself cannot do so.

Note that anti-circumvention laws can impose criminal liability in some jurisdictions.

What if I have received CC-licensed material with additional restrictions?

It is possible that CC-licensed material will appear on platforms that impose terms in addition to the copyright license (though Creative Commons strongly discourages restrictions that interfere with exercise of the licensed rights). These additional terms do not form part of the license for the work. For example, if you download CC-licensed material from a site that does not permit downloading, you may be breaking the terms of use of the site, but you are not infringing the CC license. See our guide to Modifying the CC licenses for more guidance and information.

Combining and adapting CC material

When is my use considered an adaptation?

Whether a modification of licensed material is considered an adaptation for the purpose of CC licenses depends primarily on the applicable copyright law. Copyright law reserves to an original creator the right to create adaptations of the original work. CC licenses that allow for adaptations to be shared—all except BY-ND and BY-NC-ND—grant permission to others to create and redistribute adaptations when doing so would otherwise constitute a violation of applicable copyright law. Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable, such as a translation of a novel from one language to another, or the creation of a screenplay based on a novel.

Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation, whether or not it would be considered so under applicable law. Also, under version 4.0, certain uses of databases restricted by sui generis database rights also constitute adaptations (called “Adapted Material” in the 4.0 licenses), whether or not they would be considered adaptations under copyright law. For more details about adaptations in the database context, see the Data FAQ.

Note that all CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license.

Note on terminology: throughout these FAQs, we use the term “remix” interchangeably with “adapt.” Both are designed to mean doing something that constitutes an adaptation under copyright law.

Can I combine material under different Creative Commons licenses in my work?

It depends. The first question to ask is whether doing so constitutes an adaptation. If the combination does not create an adaptation, then you may combine any CC-licensed content so long as you provide attribution and comply with the NonCommercial restriction if it applies. If you want to combine material in a way that results in the creation of an adaptation (i.e. a “remix”), then you must pay attention to the particular license that applies to the content you want to combine.

The NoDerivatives licenses do not permit remixing except for private use (the pre-4.0 licenses do not permit remixing at all, except as allowed by exceptions and limitations to copyright). All the other CC licenses allow remixes, but may impose limitations or conditions on how the remix may be used. For example, if you create a remix with material licensed under a ShareAlike license, you need to make sure that all of the material contributed to the remix is licensed under the same license or one that CC has named as compatible, and you must properly credit all of the sources with the required attribution and license information. Similarly, if you want to use a remix for commercial purposes, you cannot incorporate material released under one of the NonCommercial licenses.

The chart below shows which CC-licensed material can be remixed. To use the chart, find a license on the left column and on the top right row. If there is a check mark in the box where that row and column intersect, then the works can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies. See below for details on how remixes may be licensed.

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If you make adaptations of material under a CC license (i.e. “remix”), the original CC license always applies to the material you are adapting even once adapted. The license you may choose for your own contribution (called your “adapter’s license”) depends on which license applies to the original material. Recipients of the adaptation must comply with both the CC license on the original and your adapter’s license.

  • BY and BY-NC material

When remixing BY or BY-NC material, it is generally recommended that your adapter’s license include at least the same license elements as the license applied to the original material. This eases reuse for downstream users because they are able to satisfy both licenses by complying with the adapter’s license. For example, if you adapt material licensed under BY-NC, your adapter’s license should also contain the NC restriction. See the chart below for more details.

  • BY-SA and BY-NC-SA material

In general, when remixing ShareAlike content, your adapter’s license must be the same license as the license on the material you are adapting. All licenses after version 1.0 also allow you to license your contributions under a later version of the same license, and some also allow ported licenses. (See the license versions page for details.) If you wish to adapt material under BY-SA or BY-NC-SA and release your contributions under a non-CC license, you should visit the Compatibility page to see which options are allowed.

  • BY-ND and BY-NC-ND material

The BY-ND and BY-NC-ND licenses do not permit distribution of adaptations (also known as remixes or derivative works), and prohibits the creation of adaptations under the pre-4.0 versions of those licenses. Since you may not share remixes of these materials at all, there is no compatibility with other licenses. (Note that the ND licenses do allow you to reproduce the material in unmodified form together with other material in a collection, as indicated in the next FAQ.)

  • Adapter’s license chart

The chart below details the CC license(s) you may use as your adapter’s license. When creating an adaptation of material under the license identified in the lefthand column, you may license your contributions to the adaptation under one of the licenses indicated on the top row if the corresponding box is green. CC does not recommend using a license if the corresponding box is yellow, although doing so is technically permitted by the terms of the license. If you do, you should take additional care to mark the adaptation as involving multiple copyrights under different terms so that downstream users are aware of their obligations to comply with the licenses from all rights holders. Dark gray boxes indicate those licenses that you may not use as your adapter’s license.

Adapter’s license chart Adapter’s license
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work PD              
BY              
BY-NC              
BY-NC-ND              
BY-NC-SA              
BY-ND              
BY-SA              
Abbreviation Key

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

All Creative Commons licenses (including the version 4.0 licenses) allow licensed material to be included in collections such as anthologies, encyclopedias, and broadcasts. You may choose a license for the collection, however this does not change the license applicable to the original material.

When you include CC-licensed content in a collection, you still must adhere to the license conditions governing your use of the material incorporated. For example, material under any of the Creative Commons NonCommercial licenses cannot be used commercially. The table below indicates what type of CC-licensed works you may incorporate into collections licensed for commercial and noncommercial uses.

Original Work Commercial Collection (BY, BY-SA, BY-ND) NonCommercial Collection (BY-NC, BY-NC-SA, BY-NC-ND)
PD    
BY    
BY-NC    
BY-NC-ND    
BY-NC-SA    
BY-ND    
BY-SA    

License termination

When do Creative Commons licenses expire?

Creative Commons licenses expire when the underlying copyright and similar rights expire.

Note that the relevant rights may expire at different times. For example, you may have a CC-licensed song where the rights in the musical arrangement expire before the rights in the lyrics. In this case, when the copyright in the music expires, you may use it without being required to comply with the conditions of the CC license; however, you must still comply with the license if you use the lyrics.

What happens if the author decides to revoke the CC license to material I am using?

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms. Of course, you may choose to respect the licensor’s wishes and stop using the work.

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

All of the CC licenses terminate if you fail to follow the license conditions. If this happens, you no longer have a license to use the material.

In the 4.0 licenses, your rights under the license are automatically reinstated if you correct this failure within 30 days of discovering the violation (either on your own or because the licensor or someone else has told you). Under the 3.0 and earlier licenses, there is no automatic reinstatement.

If you have lost your rights under a CC license and are not entitled to automatic reinstatement, you may regain your rights under the license if the licensor expressly grants you permission. You cannot simply re-download the material to get a new license.

Note that you may still be liable for damages for copyright infringement for the period where you were not in compliance with the license.

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

The Creative Commons licenses have three layers, as does the CC0 public domain dedication: the human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The Public Domain Mark is not legally operative, and so has only two layers: the human-readable mark and machine-readable metadata.

When material is licensed using any of the CC licenses or tools, it is highly recommended that a CC button, text, or other marker somehow accompany it. There are many possible modes for marking. For our licenses, people generally use the CC license chooser to generate HTML code that can be pasted into the webpage where the licensed material is published. CC0 and the Public Domain Mark have a separate chooser. Many platforms and web services such as Flickr and Drupal support CC licensing directly, allowing you to select an appropriate license. The service then properly marks the work for you.

CC has published some best practices for marking your CC-licensed material, and recommends:

  • Including a visual indicator (some combination of text and images) that the work is licensed with one of the CC licenses.
  • Clearly indicating what material is covered under the CC license, especially if it’s presented alongside non-licensed materials.
  • Including a link to the human-readable deed (which itself contains a link to the legal code).
  • Embedding machine-readable metadata in the code of the license indicator or code of the licensed page.

See the marking page for more details.

What does it mean that Creative Commons licenses are “machine-readable”?

Creative Commons has specified CC REL as a way to associate machine-readable licensing metadata with objects offered under CC licenses.

Before Creative Commons developed this vocabulary, it was difficult for a machine to ascertain whether an object was marked with a CC license. There was also no standard, predictable place to house metadata about that license (for example, the source URL of the work or the required mode of attribution).

Machine-readable metadata based on well-accepted metadata standards creates a platform upon which new services and applications can be built. Software and services can detect CC licenses and the details of that license, as described by the metadata. For example, on many websites and search engines such as Google and Flickr, you can run filtered searches for works offered under specific CC licenses. In addition, CC license deeds can automatically create copy-and-paste attribution code so users may easily comply with the BY condition of the licenses. When you click on a CC license or button from a page with license metadata, you get copy-and-paste attribution HTML within that license deed page. That HTML is based on available RDFa metadata in the original material.

All HTML provided by the CC license chooser is automatically annotated with metadata in RDFa format.

What is RDFa?

RDFa is a method for embedding structured data in a web page. For more information about RDFa, see the following resources:

What is CC REL and why does Creative Commons recommend it?

Creative Commons Rights Expression Language (CC REL) renders information about licenses and works machine-readable through standards that define the semantic web. Creative Commons wants to make it easy for creators and scientists to build upon the works of others when they choose; licensing your work for reuse and finding properly licensed works to reuse should be easy. CC recommends that you mark your licensed works with CC REL. The Creative Commons license chooser provides HTML annotated with CC REL, while the Creative Commons deeds recognize CC REL on web pages with works offered under a CC license, and use this metadata to enhance the deed for properly marked-up works, e.g., by providing copy and paste HTML that includes work attribution.

For more background information on CC REL, please refer to this paper.

What does it mean for a search engine to be CC-enabled?

Some search engines (like Google) allow people to filter their search results by usage rights so that you can limit your search results according to the particular CC license you seek. For example, if you are looking for a photo to adapt, you can filter your search to return photos that have a CC license that permits creation of adaptations. You can generally find this search feature on the advanced search page of your selected search engine. You can also use CC Search, which offers a convenient interface to search and a list of those content providers that support searches for content based on usage rights.

Please note, however, that you should always double check to make sure that the work you locate through a search is licensed as you wish.

How do I give users of my site the option to use CC licensing like Flickr does?

Creative Commons provides tools for integrating license selection with your site. You can find an overview at the Web Integration article on the CC wiki. The Partner Interface is a good way to get started and will always have the most up-to-date license versions and translations. However, there is also an API available if you want more control.

How can I change or remove the Creative Commons search option built into the Firefox browser?

Mozilla has included the Creative Commons search function in many versions of Firefox along with search options for Google, Amazon, and other popular sites. Please take a look at the Firefox article on the CC wiki for an explanation of how to change these features.

If you want to add or remove a particular search option, click on the logo in the search box (for example, the CC logo or the Google logo). This will open the pull down menu, which will allow you to select different search providers. If you choose “Manage Search Engines,” you will be able to add or remove search engines. You can also alter the order in which the search providers appear on the pull down menu.

Is Creative Commons involved in digital rights management (DRM)?

No. CC licenses are a form of rights expression, not rights management. CC provides tools to make it easier for creators and owners to say which rights they reserve and permissions they grant. This is different from digital rights management (or “DRM”), which uses technological protection measures to prevent people from using the work in a way that the owner has not permitted.

CC licenses contain language prohibiting licensees from the use of effective technological measures (including DRM) to prevent access to licensed material: ”You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any such recipient.”

While licensors may apply effective technological measures (ETMs) to their own materials, the licensor provides a limited permission to circumvent these measures: “The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures.” Note that this only applies to effective technological measures applied by licensors themselves: third parties such as distribution platforms may still apply ETMs if the licensor uploads there, and the license is not able to grant you permission to circumvent it.

Copyright law grants exclusive rights to creators of original works of authorship. National laws usually extend protections to such works automatically once fixed in a tangible medium, prohibiting the making of copies without the rights holder’s permission, among other things. On the internet, even the most basic activities involve making copies of copyrighted content. As content is increasingly uploaded, downloaded, and shared online, copyright law is becoming more relevant to more people than it was 20 years ago. Unfortunately, infringing copyrights—even unintentionally or unknowingly—can lead to liability. Successful navigation of the internet requires some understanding of copyright law.

What is the public domain?

The public domain of copyright refers to the aggregate of those works that are not restricted by copyright within a given jurisdiction. A work may be part of the public domain because the applicable term of copyright has expired, because the rights holder surrendered copyright in the work with a tool like CC0, or because the work did not meet the applicable standards for copyrightability.

Because the public domain depends on the copyright laws in force within a particular territory, sometimes a work may be considered “in the public domain” of one jurisdiction, but not in another. For example, U.S. government works are automatically in the public domain under U.S. copyright law, but might be restricted by copyright in other countries.

The Public Domain Manifesto, the University Libraries page, and the CC0 FAQs all contain additional information about the public domain.

Copyright in most jurisdictions attaches automatically without need for any formality once a creative work is fixed in tangible form (i.e. the minute you put pen to paper, take a photo, or hit the “save” button on your computer).

In some jurisdictions, creators may be required to register with a national agency in order to enforce copyright in court. If you would like more information, please consult the Berne Convention or your jurisdiction’s copyright law.

Although you do not have to apply a copyright notice for your work to be protected, it may be a useful tool to clearly signal to people that the work is yours. It also tells the public who to contact about the work.

What is an adaptation?

An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.

In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter’s personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil’s copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction’s copyright law for more information.

What are moral rights?

Copyright laws in many jurisdictions around the world grant creators “moral rights” in addition to the economic or commercial right to exploit their creative works. Moral rights protect the personal and reputational value of a work for its creator. Moral rights differ by country, and can include the right of attribution, the right to have a work published anonymously or pseudonymously, and/or the right to the integrity of the work. The moral right of integrity may provide creators with a source for redress if an adaptation represents derogatory treatment of their work, typically defined as “distortion or mutilation” of the work or treatment that is “prejudicial to the honor, or reputation of the author.” Not all jurisdictions provide for moral rights.

The CC licenses are intended to minimize the effect of moral rights on a licensee’s ability to use licensed material; however, in some jurisdictions, these rights may still have an effect. CC offers some additional information on how CC licenses may affect your moral rights.

What are neighboring rights?

Copyright provides an incentive to create works by providing exclusive rights to creators. However, the distribution or exploitation of a work often involves more than just the creator. For example, if someone writes a song, someone else may perform the song, and another may produce the recording of the song. Some jurisdictions extend copyright to the contributions made by these persons; other jurisdictions extend such exclusive rights in the form of neighboring rights. Neighboring rights may include performers’ rights or broadcasters’ rights, among others. The Rome Convention sets forth some guidelines on the scope of neighboring rights. Not all jurisdictions recognize neighboring rights.

What are sui generis database rights?

Sui generis database rights grant qualifying database makers the right to prohibit the extraction and reuse of a substantial portion of a database. The rights are granted to database makers that make a substantial investment of time and resources to create the database. Sui generis database rights are primarily enacted within the European Union and a handful of other jurisdictions.

What are collecting societies?

Collecting societies are copyright management organizations. Some examples of collecting societies include ASCAP and BMI (United States), BUMA/STEMRA (Netherlands), PRS (United Kingdom), and APRA (Australia). These societies license works on behalf of their owners and process royalty payments from parties using the copyrighted works.

CC offers additional information on how collecting societies might affect your rights and your ability to apply CC licenses to your work. CC has several pilots underway with collecting societies that have chosen to allow their members to use CC licenses on a limited basis.

What are publicity, personality, and privacy rights?

These terms are used differently in different jurisdictions. Generally speaking, these rights allow individuals to control the use of their voice, image, likeness, or other identifiable aspect of their identity, especially for purposes of commercial exploitation. Similarly, in some jurisdictions these rights allow people to restrict others’ ability to publish information about them without their permission. Whether and to what extent these rights exist, and if so, how they are labeled, varies depending on the jurisdiction.

Creative Commons licenses have a limited effect on these rights where the licensor holds them. Where the licensor has publicity, personality, or privacy rights that may affect your ability to use the material as the license intends, the licensor agrees to waive or not assert those rights. However, any such rights not held by the licensor are not affected and may still affect your desired use of a licensed work. If you have created a work or wish to use a work that might in some way implicate these rights, you may need to obtain permission from the individuals whose rights may be affected.

Data

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

: Uses of CC Licenses with Data and Databases : Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker’s investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [marking page]https://wiki.creativecommons.org/wiki/Marking_your_work_with_a_CC_license “wikilink”) for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights–but not copyright–are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.1 These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker’s substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Artificial intelligence and CC licenses

What are the limits on how CC-licensed works can be used in the development of new technologies, such as training of artificial intelligence software?

The licenses grant permission for reuse in any situation that requires permission under copyright. There are many ways in which CC-licensed work works and even all rights reserved works can be reused without permission. This includes uses that are fair uses, for example.

If someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected. This is one of the enduring qualities of our licenses — they have been carefully designed to work with all new technologies where copyright comes into play. No special or explicit permission regarding new technologies from a copyright perspective is required.

But what about privacy laws, rules governing ethical research, and data protection laws?

CC’s copyright licenses are not universal policy tools. Copyright is the primary obstacle to reuse that our licenses solve, but there are many other issues related to the reuse of content that our licenses do not address and that reusers should be aware of. These can include privacy and rules governing ethical research and the collection or use of data, which have to be addressed and respected separate and apart from the copyright issues that CC licenses cover.

What attribution obligations exist when CC-licensed images are included in a published dataset? Is linking to the original image or URI required, and if so, is it adequate?

It depends. First, keep in mind that CC licenses never limit uses that copyright doesn’t control. For example, as a general matter text and data mining in the United States is considered a fair use and does not require permission under copyright. This means that reusers engaged in text and data mining do not have to adhere to the marking and attribution requirements in our licenses for that activity even though we strongly recommend they do so anyway. A second example is linking. In some countries, linking to copyrighted content doesn’t require permission under copyright law, which means the CC license obligations do not come into play even though the linked content is CC-licensed.

Where a CC-licensed work is distributed as part of a database or dataset, and assuming copyright (or in the European Union, copyright or sui generis database rights) is triggered, then the license conditions must be respected. This means providing the required attribution information in a way that is reasonable under the circumstances. Our licenses allow for some flexibility, and in some cases that may be as simple as providing a link to the website where the relevant attribution information is provided. Visit our marking practices page for more information.

If a for-profit company uses CC-licensed content under a Non Commercial license and releases the work under terms that allow only research purposes, is the NC restriction violated?

This depends on whether any of the uses made of the works by the company, whether for profit or non profit, are primarily intended for commercial advantage or monetary compensation. This is hard to know without having all of the facts about how a work was used, whether internally by the company for its own purposes or how the work was distributed for further use. Visit our NC page for more information about what constitutes commercial and non commercial uses of works.

If NC-licensed content is redistributed to the public under an NC license, that distribution would not violate the NC clause. (Note that CC strongly discourages the use of any license terms other than a CC NC license for redistributions of NC-licensed content.)

If CC SA-licensed content is included in a database, does the entire database have to be licensed under an SA license?

CC licenses never require a reuser of a CC-licensed work to make the original work or resulting works (collections, derivatives, etc.) publicly available. There are lots of private reuses of works that are permitted by CC’s licenses that do not require compliance with their terms. Regarding ShareAlike, the condition only applies if a work is modified and if the work is shared publicly. In the situation where a reuser created a dataset of photos and made it publicly available, and assuming copyright permission is required, then what is released is likely a collection or compilation of pre-existing works. CC licenses do not require the collection or the compilation itself to be made available under an SA license, even though each individual work is still licensed individually under an SA license and if they were modified by the distributor the modified photo would need to be licensed under the same terms. For example, were Creative Commons to compile photographs from a photo sharing website under a BY-SA 2.0 license and create a database that it then publicly distributed, CC could license the collection as a whole under a BY license, but the photographs would continue to be licensed under BY-SA 2.0.

What, if any, remedies, do users have if they dislike how their photos or images have been reused?

Several remedies are potentially available. Some may be available if the CC license terms have been violated, and others may be available through other, separate avenues because they involve other laws or regulations that the CC licenses do not cover. It’s important to remember, however, that absent a violation of the license the permissions granted under the license remain in place and cannot be revoked.

  • Under the CC licenses, even if a license condition has not been violated licensors can ask that attribution to them be removed so they can distance themselves from the reuse.
  • For violations of a CC license term where the license was required (not a fair use, etc.) then you may have a claim for copyright infringement. Fortunately, in the CC community most license violations are handled amicably without resorting to the courts.
  • For claims involving laws and regulations other than copyright, recourse may be available depending on your local laws.

An important starting point for any would-be sharer of content under a CC license is to educate yourself in advance about how they work and what rights they do and do not cover. We have many FAQs on our website. We also provide human-readable deeds with links to the full text of our licenses. Additionally, all of our licenses highlight at the beginning many considerations that licensors should have in mind before they license, and considerations for reusers of works before they do so in order to avoid inadvertent violations.

Notes

  1. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).↩

#####EOF##### What we do - Creative Commons
Creative Commons > What we do

What we do

What is Creative Commons?

Creative Commons helps you legally share your knowledge and creativity to build a more equitable, accessible, and innovative world. We unlock the full potential of the internet to drive a new era of development, growth and productivity.

With a network of staff, board, and affiliates around the world, Creative Commons provides free, easy-to-use copyright licenses to make a simple and standardized way to give the public permission to share and use your creative work–on conditions of your choice.

Learn more about our programs
Check out our public reports and financials

To learn more about Creative Commons and our funding agreements, please see our Contributions Policy

Ryan Merkley, CEO
Our work is to build a vibrant, usable commons, powered by collaboration and gratitude.
Ryan Merkley, CEO

Global Affiliate Network

Creative Commons Affiliate Network includes over 500 researchers, activists, legal, education and policy advocates, and volunteers who serve as CC representatives in over 85 countries. Working alongside non-governmental institutions, universities, and public agencies, CC affiliates employ region-specific approaches to copyright and intellectual property that help solve local and global challenges.

Learn more about our Affiliate Network

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Creative Commons Platforms

We work with the following organizations that are leaders in the content and knowledge sharing movement. Through these platforms, over 1.4 billion works have been shared and counting!

  • flickr
  • bandcamp
  • wikipedia
  • youtube
  • internet_archive
  • vimeo
  • wikimedia
  • fma
  • skills_commons
  • boundless
  • europeana
  • tribe_of_noise
  • jamendo
  • MIT
  • PLOS

Our Programs

Our work spans a variety of different areas and partners working to create a more vibrant commons.

#####EOF##### Policies - Creative Commons
Creative Commons > Policies

Policies

Creative Commons maintains and publishes policies that apply to the use of our websites, content and software that we publish, our trademarks, and to those participating in the Creative Commons Global Network, including Individual and Institutional Members, as well as non-Members who participate in CC projects around the world. Note that some of these policies are maintained on other website pages but can be viewed by clicking on the relevant link below.

The following policies are applicable to anyone who uses our websites.

The Creative Commons Trademark Policy applies to anyone who uses the CC trademarks.

When you participate in the Creative Commons Global Network (“CCGN”) as a member or non-member, in addition to the generally applicable policies on this page, the following legal policies apply to you as you engage with CC and the network:

CC’s Licensing Statement for Content and Software Code

Other than the Creative Commons trademarks (licensed subject to the Trademark Policy below) and the text of Creative Commons legal tools and human-readable Commons deeds (dedicated to the public domain as specified below), all content on this site is licensed under the Creative Commons Attribution 4.0 International license unless otherwise marked.

Software: All of the software code we create is free software. Please check our code repository for the specific license that applies to software code you wish to use.
Legal text (we call this legal code) and Commons deeds: Creative Commons makes the legal code of its licenses and the CC0 Public Domain Dedication available under the CC0 Public Domain Dedication. CC also makes the Commons deeds associated with its licenses, the CC0 Public Domain Dedication, and the Public Domain Mark available under the CC0 Public Domain Dedication. This allows anyone to reuse those texts for any purpose; however, CC reserves fully and unconditionally all trademark and branding rights associated with the licenses, the CC0 Public Domain Dedication, and the Commons deeds. See the Trademark Policy below for more detail.

Creative Commons Trademark Policy

Trademarks are words, graphic designs, or other indicia that identify the source of a product or service. Creative Commons uses a variety of trademarks. Some Creative Commons trademarks serve the purpose of (i) communicating the type of legal tool chosen by the rights holder and/or (ii) indicating that the creator has applied a Creative Commons license to her work. Our registered trademarks and other trademarks include CREATIVE COMMONS (regardless of stylization, capitalization, translation, or other presentation), CC (including the CC in a circle logo (the “CC Logo”) and CC standing alone), CC+ (within a circle or standing alone) and CCPlus, CC0, all of the Creative Commons license and public domain buttons and icons, and any combination of the foregoing, whether integrated into a larger whole or standing alone. This also includes all of the CC trademarks incorporated into Unicode and any other similar standard.

You are authorized to use our trademarks subject to this Trademark Policy, and only on the further condition that you download images of the trademarks directly from our website or apply them through an authorized provider, including software that incorporates the trademarks in Unicode. You are not authorized to use any modified versions of our trademarks, except that you may use a different color for the CC logo and its background so long as the two colors chosen have a contrast ratio of at least 3:1.

Creative Commons retains the right to revoke any trademark license for any reason or for no specified reason. Creative Commons is particularly likely to revoke a license if, in its sole discretion, it finds that your use of the trademark is likely to bring disrepute to Creative Commons or any of its trademarks, or confuses the public. For the avoidance of doubt, you do not need our permission to use our corporate logo for referential use (e.g., to refer to Creative Commons as an organization), provided that such use does not imply endorsement by or association with Creative Commons.

For the avoidance of doubt, no member of the CC affiliate network or of the CC Global Network, including chapters, is authorized to use CC’s trademarks except in compliance with this policy. This includes, without limitation, that no use of CC trademarks may be used for projects or activities that are not expressly approved in advance by Creative Commons (via legal@creativecommons.org). Creative Commons intends to update these policies in advance of the CC Global Summit 2018, and once updated will apply to all members of the CC Global Network.

Modification of CC Licenses: To prevent confusion and maintain consistency, you are not allowed to use CREATIVE COMMONS, CC, the CC Logo, or any other Creative Commons trademarks with modified versions of any of our legal tools or Commons deeds, including modifications that do not modify the legal code directly but that further restrict or condition the rights granted by the particular legal tool. These modifications are often contained in a website’s terms of use, and where they are present you may not suggest that you are offering works under a Creative Commons legal tool. For the avoidance of doubt, you may not use any CC trademarks with unofficial language translations of CC licenses. See this page for more information.

Creative Commons Public Copyright License Marks: Creative Commons licenses the use of its public copyright license marks, which include the CC Logo, on the conditions that you use the marks solely to describe the Creative Commons license that applies to a particular work and, in a manner reasonable to the medium and context, include the URI or a hyperlink to the corresponding Commons deed on the Creative Commons server.

Public Domain Dedication Marks: Creative Commons licenses the use of its public domain dedication marks, on the conditions that you use the mark solely to describe that the CC0 Public Domain Dedication applies to a particular work and, in a manner reasonable to the medium and context, include the URI or a hyperlink to the Commons deed on the Creative Commons server.

Public Domain Mark: Creative Commons licenses the use of its trademarked Public Domain Mark badge on the conditions that you use the mark solely to describe that the Creative Commons Public Domain Mark applies to a particular work and, in a manner reasonable to the medium and context, include the URI or hyperlink to the Public Domain Mark on the Creative Commons server.

Creative Commons License Buttons and Icons: Creative Commons licenses the use of its button marks that describe a particular legal tool and its icon marks that describe a key license element, such as BY, NC, ND, and SA, on the conditions that you use the mark solely to describe the Creative Commons legal tool that applies to a particular work and, in a manner reasonable to the medium and context, include the URI or hyperlink to the relevant Commons deed on the Creative Commons server.

Legacy marks: Creative Commons has retired some of its prior legal tools, all of which have associated trademarks, such as the Developing Nations License, the Sampling License, and Founder’s Copyright. Although these tools have been retired and are no longer recommended for use, they are still legally effective as to works to which they are applied. Therefore, those trademarks may only be used under the terms and conditions of this Trademark Policy. Creative Commons licenses the use of its legacy marks on the conditions that you use the mark solely to describe the Creative Commons legal tool that applies to the particular work and, in a manner reasonable to the medium and context, include the URI or hyperlink to the relevant Commons deed on the Creative Commons server. Note that legacy marks are not available for download on our website.

Additional permissions: In addition to the permissions granted in advance to the public as set forth above, Creative Commons may agree to grant additional permissions upon request. Please submit any such request to legal@creativecommons.org. Except as specifically stated above or otherwise set forth in a written agreement with you, no additional permissions are granted.

Merchandising Policy: If you would like to use the Creative Commons or other CC trademarks on clothing or other merchandise, you must first receive permission from Creative Commons. Please submit your request to legal@creativecommons.org.

CCGN Internet Services Policy

This Policy governs the operation of websites, social media accounts, and mailing lists for CC Chapters in the Creative Commons Global Network.

Chapter Websites

To avoid confusion, all Chapters should have one principal public source of online information about the Chapter and its activities. Chapters can choose to use a subdomain provided and hosted by CC HQ, or Chapters can use a domain name of their own and host/manage the site themselves. If Chapters use their own domain name, the subdomain will be forwarded, so that everyone coming to creativecommons.org can find the site.

                       Subdomains: Creative Commons will establish a subdomain on its main website for each Chapter. The sub-domain will consist of xx.creativecommons.org, where xx is the top-level domain extension for the Project’s jurisdiction (e.g., ca.creativecommons.org). The subdomain will be maintained by CC HQ as part of a WordPress multisite setup. Each Chapter is asked to designate at least one representative to be on point to correspond with CC about administrator access privileges to the subdomain.

                       Top-Level Domain Names (“TLDs”) and Country Code Top-Level Domains (“ccTLD”): Chapters may decide to use a separate domain name. We ask that such website holders hold the domain name and website in trust for Creative Commons, and add Creative Commons as a technical contact on the WHOIS for the site. If, at any time, the Chapter decides that the website and domain should be operated by another person or institution or retired, the website holder must cooperate in the transfer or lapse of the website and domain, as applicable. Creative Commons reserves the right to decide that a TLD must be transferred to Creative Commons or shut down in order to avoid trademark confusion, if a Chapter was unable to continue operating, or for any other reason.

Chapter Website Content

All website content on Chapter Websites should be made available under a CC license, ideally CC BY 4.0 or CC0. Chapters should establish their own guidelines for continued operation and updating of their Chapter Website, consistent with the Chapter Guidelines (https://github.com/creativecommons/global-network-strategy/blob/master/docs/chapters-guidelines.md) and other CC policies. All Chapter Websites must include a prominent disclaimer that the website does not provide legal advice. CC reserves the right to request the removal of any content that fails (in CC’s sole discretion) to comply with this or other CC policies.

Chapter Website Administration

As part of the main Creative Commons website, the subdomains are managed by Creative Commons and therefore subject to all of the policies of the CC site, including the DMCA policy, terms of service, and privacy policy. Every participant in a Chapter agrees to comply with all such policies and will take any actions requested by CC in order to ensure compliance. Unlike subdomains, Chapters that choose to operate TLDs in accordance with the above are alone responsible for ensuring that they establish and maintain terms of service, a privacy policy, and any other policies necessary to comply with applicable laws, including copyright and data privacy laws.

Chapter Social Media Accounts

Chapters may establish and maintain a single account on a reasonable number of public-facing social media platforms on behalf of the Chapter. The Chapter should track the accounts, platforms, and login information as they are established, and alert CC as to which accounts it has and who operates them on behalf of the Chapter. The Chapter is responsible for ensuring consistency and quality in the content and operation of those accounts, and may establish guidelines in accordance with the Chapter Guidelines (https://github.com/creativecommons/global-network-strategy/blob/master/docs/chapters-standards.md) to achieve this.

Chapter Mailing Lists

If a Chapter wants to set up and maintain a mailing list for its activities, the Chapter may use the services provided by Creative Commons. Whether or not using CC-provided mailing lists, everyone participating in a Chapter must comply with data privacy laws when dealing with participant email addresses and other personal information.

Chapter Github Repositories

Each Chapter may request that Creative Commons open one repository on their behalf on CC’s organization account on Github. The Chapter is responsible for ensuring that the repository is used in accordance with Github terms and applicable law.

Note: This policy may be updated from time to time following consultation and collaboration with the Global Network Council.

Chapter Logo Policy

Every CC Chapter around the world, once established in accordance with the Charter and other applicable rules and guidelines, may create a single logo to designate their particular country chapter (“Chapter Logo”). The Chapter Logo must include our “Creative Commons” name and/or our CC in a circle logo in their original font and style.

Chapter Logo Approval: The Chapter Lead must submit the Chapter Logo to legal@creativecommons.org for approval. For the avoidance of doubt, this approval requirement applies even in cases where a Chapter selects a logo that was previously used in connection with a CC affiliate team under the prior network governance model.

Use of the Chapter Logo: We give you permission to use the approved Chapter Logo of the CC Chapter in which you are a participant, solely in order to promote and further the CC-related work done by your CC Chapter consistent with the Charter [https://creativecommons.org/network/charter/], the rules established by the CC Global Network Council, and the policies and positions established by Creative Commons. We recognize that you and the other individuals and institutions involved in your CC Chapter are also engaged in jobs, projects, and activities that are tangentially or unrelated to CC.  For the avoidance of doubt, you and others involved in the CC Chapter are not entitled to use the Chapter Logo for any purposes other than those stated above.

We will continue to work with you to ensure that you and others involved in the CC Chapter use the Chapter Logo in a manner consistent with the principles and policies of CC.  You agree to fully cooperate with and take any actions requested by CC relating to all usage of the Chapter Logo by anyone involved in your CC Chapter. It is understood that CC can end this permission at any time in its sole discretion, including if at any time your status as a participant ends, the CC Chapter becomes inactive, or if you or others involved in the CC Chapter fail to cooperate with or adhere to the policies of CC.  

You further agree to comply with any policies set forth by your Chapter as to how the Chapter Logo may or may not be used. In the event of a conflict between a guideline set forth by your Chapter and a policy of Creative Commons, the Creative Commons policy will govern.

Ownership of the Chapter Logo: All uses of the Chapter Logo will inure solely to Creative Commons. You and the others involved in your CC Chapter will obtain no ownership or other rights to the Chapter Logo.  You agree not to contest, oppose, impair, or challenge CC’s ownership of the Chapter Logos or any of its other trademarks. You will not register or attempt to register the Chapter Logo as a trademark in any jurisdiction and will not oppose CC’s registration or use of the Chapter Logo.

Page last updated: 29 May 2018

#####EOF##### Creative Commons — Attribution-NonCommercial 4.0 International — CC BY-NC 4.0
This page is available in the following languages: Languages
cc logo

Creative Commons License Deed

Attribution-NonCommercial 4.0 International (CC BY-NC 4.0)

This is a human-readable summary of (and not a substitute for) the license. Disclaimer.

You are free to:

  • Adapt — remix, transform, and build upon the material
  • The licensor cannot revoke these freedoms as long as you follow the license terms.

Under the following terms:

  • No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.

Notices:

  • You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.
  • No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
#####EOF##### Retired Legal Tools - Creative Commons
Creative Commons > Retired Legal Tools

Retired Legal Tools

The following are a list of licenses which Creative Commons at one time offered, but which CC no longer offers or recommends. We have withdrawn these licenses either because they were not sufficiently demanded, or because we believe they conflict with values we consider important. While the URLs for these licenses remain, so any existing work licensed under these licenses will continue to maintain the same license, CC will no longer offer these licenses via its license chooser or other mechanism for any future work.

One feature that all of the licenses we currently serve share is that they all guarantee at least the freedom to share non-commercially. To those of you who support us because our licenses all permit non-commercial sharing, you can count on us not to change this policy except after an extensive public discussion.

In addition to deprecating the use of the licenses below for any purpose, Creative Commons has always disrecommened use of any of the core CC licenses for software. If you want to license software, please use the GPL or another free/open source software license, not one of the CC licenses.

License Deprecated Date Deprecated Reason for Deprecation
Sampling+ 2011-09-12 Not compatible with any other CC license, inadequate demand
NonCommercial-Sampling+ 2011-09-12 Inadequate demand
Public Domain Dedication and Certification 2010-10-11 US-specific; co-mingled two very different use cases. Replaced by two separate tools: the CC0 Public Domain Dedication and the Public Domain Mark.
DevNations 2007-06-04 Did not permit worldwide non-commercial verbatim sharing, inadequate demand
Sampling 2007-06-04 Did not permit non-commercial verbatim sharing, inadequate demand
NoDerivs 2004-05-25 Inadequate demand
NoDerivs-NonCommercial 2004-05-25 Inadequate demand
NonCommercial 2004-05-25 Inadequate demand
NonCommercial-ShareAlike 2004-05-25 Inadequate demand
ShareAlike 2004-05-25 Inadequate demand
#####EOF##### Creative Commons — Attribution 3.0 Unported — CC BY 3.0
This page is available in the following languages: Languages
cc logo

Creative Commons License Deed

Attribution 3.0 Unported (CC BY 3.0)

This is a human-readable summary of (and not a substitute for) the license. Disclaimer.

You are free to:

  • Adapt — remix, transform, and build upon the material
  • for any purpose, even commercially.
  • The licensor cannot revoke these freedoms as long as you follow the license terms.

Under the following terms:

  • Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.

  • No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.

Notices:

  • You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.
  • No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
#####EOF##### Global Affiliate Network - Creative Commons
Creative Commons > What we do > Global Affiliate Network

Global Affiliate Network

The Creative Commons Global Network includes 289 community members who serve as CC representatives in over 60 countries.

The Creative Commons Global Network recently undertook a community led strategic process to revamp, revitalize, and strengthen the network. This included a research lead by Anna Mazgal, from Poland, with a series of researchers working with her from inside and outside the network. A dedicated team of CC community members designed an entirely new model for collaboration – helping the network grow in a sustainable manner.

The result of this process is a new structure and strategy document for the Creative Commons Global Network. Here you can find more information about the Global Network Strategy.

We’re currently in the process of implementing this new strategy and as we do this, we invite you to join our community Slack channel or alternatively email your requests and queries to the Network Manager Simeon Oriko at network@creativecommons.org. Other ways to Get Involved is to join the conversation of the Creative Commons Community Platforms.

Creative Commons Summit 2015. Photo from CC Korea, CC BY
#####EOF##### License Versions - Creative Commons

License Versions

From Creative Commons
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This page identifies the principal improvements to the Creative Commons license suite since the publication of the first licenses (version 1.0) in December 2002, through the current version 4.0, published November 2013. It also highlights important similarities and differences among the major license versions. For more information on using CC tools or works offered under Creative Commons licenses, consult the Frequently Asked Questions page. For a further historical perspective, you are invited to review deprecated CC legal tools identified on the retired legal tools page.

Please note that the summaries below may not reflect all changes between license versions or fully or accurately describe the differences between them. CC cannot provide legal advice, and what follows is not legal advice. What follows below is a general description of differences and similarities between the license versions, for general informational purposes only. Consult your own attorney if you are in need of legal advice.

Contents

License Versioning History

The chart below presents the major license versions, launch dates, and blog posts announcing major public comment periods, the launch of each license suite, and improvements. It does not reference the unfinished version 3.x (3.01 or 3.5) licenses, which did not include active public consultation and were never published. Version 4.0 is the premier, recommended Creative Commons license suite.

License version [1] Release date Calls for public comment Launch announcement Explanation of changes from prior version
1.0 2002 Dec 16 Creative Commons Unveils Machine-Readable Copyright Licenses
2.0 2004 May 25 Versioning -- Public Review Begins Announcing (and explaining) our new 2.0 licenses Announcing (and explaining) our new 2.0 licenses
2.5 2005 June Tweaking CC's Standard Attribution Language -- An Invitation to Comment Comments Period Drawing to a close for Draft License Version 2.5
3.0 2007 Feb 23 Version 3.0 -- Public Discussion Launched Version 3.0 Launched Creative Commons Version 3.0 Licenses -- A Brief Explanation
4.0 2013 Nov 25 CC’s Next Generation Licenses — Welcome Version 4.0!
  1. ↑ Note that CC released a version 2.1 suite for jurisdictions like Spain, Australia, and Japan, whose localized ports of the 2.0 suite contained errors.

International License Development Process

Creative Commons develops, releases, and updates its public copyright licenses (and other legal tools) via an open and inclusive process of engagement with Creative Commons’ global network of attorneys and affiliates, as well as varied communities and constituents. The process culminates in the publication of the preferred, most up-to-date set of CC licenses for use around the world. Creative Commons released its latest version of the licenses in November 2013, the 4.0 international licenses.

The public license development process includes the publication of drafts, formal comment periods, and transparent decision-making. In recognition of its stewardship role, CC has also made public commitments about the development of its ShareAlike licenses: the Statement of Intent for Attribution-ShareAlike licenses following the publication of 3.0. After publication of 4.0, Creative Commons posted for public comment a continuation of that statement, but that has not been finalized for lack of demonstrated need or interest of the community.

While each version of licenses is drafted to conform with copyright law, the version 4.0 license suite includes significant improvements to ensure the licenses operate well internationally. Through extensive consultation with our global network of legal affiliates, the 4.0 international license suite is designed for use in jurisdictions around the world, without the need for localization beyond translation. CC has an established a policy for official translations of the 4.0 licenses as well as other legal tools.

Prior to version 4.0, Creative Commons granted permission to legal experts around the world to adapt (or “port”) the licenses where necessary to more fully align the text with the laws of different legal jurisdictions, and to translate the licenses to the local language(s). For the 4.0 suite, every effort has been made to avoid the need to port (though we will support official language translations). CC may consider requests to port the 4.0 suite in 2014, but only where a compelling need is demonstrated. If CC decides to consider requests, in no case will CC grant permission if the basis for doing so is to include a choice of law or if the change presented would otherwise alter the basic operation of the licenses. CC will post more information on the topic of porting in Q2 of 2014.

License Suite Versions

The chart below and linked explanations that follow detail some of the improvements and important similarities among Creative Commons license versions. Some of the explanations contain links to further information on the topic.

General license features

License Suite Version 1.0 2.0 2.5 3.0 4.0
All international (unported/generic) and ported licenses
Nomenclature (for unported licenses) Generic license Generic license Generic license International (unported) license International license
License scope (beyond copyright)
Express permission granted under sui generis database rights No No No EU ports only Yes
License conditions apply to sui generis database rights No Few ports only Few ports only No Yes
Treatment of moral rights Not addressed Not addressed Not addressed Varied Waived/not asserted
Trademark and patent explicitly reserved No No No No Yes
Other license features
Representations and warranties from licensor included Yes No No No No
Licensor expressly waives rights to enforce, and grants permission to circumvent, technological protection measures No No No No Yes
Automatic reinstatement after termination if violations corrected No No No No Yes, if corrected within 30 days
Express reservation of right by collecting society to collect royalty Not addressed Expressly waived where possible Expressly waived where possible Expressly waived where possible Expressly waived where possible
Element-specific features
Compatibility mechanism in BY-SA licenses same license only same license, later versions, or ports same license, later versions, or ports same license, later versions, ports, or CC-designated compatible licenses same license, later versions, CC-designated compatible licenses (including designated ports)
Compatibility mechanism in BY-NC-SA licenses No No No No Yes
Adaptations of SA material usable under conditions of adapter's license Yes (because adapter's license had to be same license) No No No Yes
Adaptations of NoDerivatives material permitted when not shared No No No No Yes

Attribution-specific elements

License Suite Version 1.0 2.0 2.5 3.0 4.0
Attribution reasonable to means, medium, and context Medium and means, with exceptions Medium and means, with exceptions Medium and means, with exceptions Medium and means, with exceptions Explicit
Reasonableness applies to all attribution requirements All but license notices All but license notices All but license notices All but license and copyright notices All
Licensors may name other attribution parties Implied Implied Implied Explicit Explicit
Licensors may request removal of attribution Adaptations and collections only Adaptations and collections only Adaptations and collections only Adaptations and collections only Always
Title of work required Yes Yes Yes Yes No
URI required No If contains copyright notice or licensing information If contains copyright notice or licensing information If contains copyright notice or licensing information Yes
"No endorsement" clause included No No No Yes Yes
Modifications must be indicated No No No Yes, but only adaptations Yes

Detailed attribution comparison chart

1.0 2.0 3.0 4.0
Author if supplied Author if supplied Author if supplied and attribution parties if designated in copyright notice, TOS, or other reasonable means Creator if supplied and attribution parties if designated in reasonable manner
Copyright notices if supplied Copyright notices if supplied Copyright notices if supplied Copyright notice if supplied
Title if supplied Title if supplied Title if supplied N/A
Notices that refer to Public License and the disclaimer of warranties if supplied Notices that refer to Public License and the disclaimer of warranties if supplied Notices that refer to Public License and the disclaimer of warranties if supplied Notice that refers to Public License and notice that refers to the disclaimer of warranties if supplied
N/A To the extent practicable, URI licensor specifies to be associated with the work (but only if references copyright notice or licensing info) To the extent practicable, URI licensor specifies to be associated with the work (but only if references copyright notice or licensing info) To the extent practicable, URI or link to the material if supplied
If adaptation, credit indicating Work has been used If adaptation, credit indicating Work has been used If adaptation, credit indicating Work has been used and reasonable steps taken to identify that changes were made to the original Indicate if you modified the material; retain an indication of previous modifications
Text/URI for Public License Text/URI for Public License Text/URI for Public License Indicate the material is available under Public License and include text/URI/link
If collection or adaptation, remove reference to author and licensor upon request to the extent practicable If collection or adaptation, remove reference to author and licensor upon request to the extent practicable If collection or adaptation, remove reference to author and licensor upon request to the extent practicable Remove attribution information upon request to the extent reasonably practicable
Copyright notice, author, title, credit noting use of original in adaptation – all may be implemented in any reasonable manner, so long as at least as prominent as other authorship credit if an adaptation or collection Copyright notice, author, title, URI, credit noting use of original in adaptation – all may be implemented in any reasonable manner, so long as at least as prominent as other authorship credit if an adaptation or collection Author, title, URI, credit noting use of original in adaptation -- all reasonable to medium and means All reasonable to medium, means, and context


Features remaining unchanged

License Features

Nomenclature (for international licenses)

The 4.0 licenses are referred to as "international."

Version 3.0 licenses were referred to as "unported" licenses until 2010, at which point they were re-branded as the "international" licenses. At that point, CC added a global flag to the licenses and deeds and changed the reference in the Chooser (among other things). In the 1.0, 2.0, and 2.5 versions, the international licenses were called the “generic” licenses. The generic licenses were drafted to conform with U.S. copyright law.

Starting with version 3.0, Creative Commons drafted its core suite of licenses to conform to relevant international treaties and drafting conventions. In this sense, version 3.0 and the current 4.0 international license suites are jurisdiction-agnostic: these licenses do not mention and are not drafted against any particular jurisdiction's laws or statutes. They are intended to function without adjustment in all jurisdictions around the world.

License scope (beyond copyright)

Sui generis database rights

The 4.0 international suite licenses database rights along with copyright. Where the use of a database under a CC license implicates sui generis database rights, whether or not copyright is implicated, that use is subject to the terms and conditions of the license. If sui generis rights are not implicated—for example, if the use is in a jurisdiction where these rights do not exist, or if the database is not protected by the laws of a jurisdiction where such rights exist— such uses are not regulated by the license if copyright or neighboring rights do not apply. A few early (2.0, 2.5) European jurisdiction license ports also licensed database rights subject to the terms and conditions of the license.

In 3.0, the international (unported) license suite does not mention sui generis rights. However, ported 3.0 licenses for jurisdictions where those rights exist address them according to CC's 3.0 database rights policy. Under this policy, version 3.0 EU jurisdiction ports must license sui generis rights subject to the terms and conditions of the license just like copyright and neighboring rights, but also must waive license restrictions and conditions (attribution, ShareAlike, etc) for uses triggering database rights—so that if the use of a database published under a CC license implicated only database rights but not copyright, the CC license requirements and prohibitions would not apply to that use. The license conditions and restrictions, however, continue to apply to all uses triggering copyright. Other ports and the 3.0 international license are silent on sui generis database rights: databases and data are licensed (i.e., subject to restrictions detailed in the license) to the extent copyrightable, and if data in the database or the database itself are not copyrightable the license restrictions do not apply to those parts (though they still apply to the remainder). Thus, regardless of the CC 3.0 license at play (unported, an EU port, another port), uses that implicate only database rights will not trigger the license conditions, while uses that implicate copyright will.

Neither the international nor the ported licenses that address database rights export the sui generis rights to jurisdictions where such rights are not recognized (the ported licenses accomplish this as well through inclusion of a territoriality limitation). This avoids the imposition of restrictions based on sui generis rights via contract where those rights are not enforceable or recognized. You may compare how different jurisdictions implemented this section of the license.

Treatment of moral rights

In version 4.0, moral rights are waived to the limited extent necessary to exercise the licensed rights.

While the existence and extent of moral rights differ by jurisdiction, the most consistently present rights are those of attribution and integrity (the right to prevent or halt the prejudicial use of one’s work by another). The 1.0, 2.0, and 2.5 licenses were drafted to conform to U.S. law, and because U.S. law recognizes moral rights in only very limited circumstances, the generic versions of those licenses suites do not address moral rights of authors.

The international licenses began to address moral rights in version 3.0. In version 4.0, moral rights are waived or not asserted to the extent possible under local law, to the limited extent they would otherwise interfere with exercise of the licensed rights. This avoids establishing moral rights through the license where they would not otherwise exist, but recognizes that there are jurisdictions where this limited waiver is not possible. The attribution requirements in Section 3 of the 4.0 licenses may satisfy many jurisdictions' right of attribution; however, they are a requirement of the license regardless of whether moral rights apply to a use.

In the 3.0 license suite, CC addressed moral rights in the international (unported) licenses. CC did not include a waiver of those rights in the international licenses. Instead, the licenses specifically instruct users that they “must not distort, mutilate, modify or take other derogatory action in relation to the Work which would be prejudicial to the Original Author's honor or reputation.” The only exception is where the right to make adaptations would be considered prejudicial to the author's honor and reputation, in which case the licensor waives or agrees not to assert their moral right in order to allow adaptations to be made. The attribution requirement is designed in part to satisfy the right of attribution. In the porting process, some jurisdictions slightly adjusted this provision, with CC’s permission, to specify that moral rights are waived to the extent necessary to effect the license to the degree a waiver is possible under applicable law. You may compare how different jurisdictions implemented this section of the license.

Trademark and patent explicitly not licensed

In the 4.0 licenses, trademark and patent rights are expressly mentioned as not among the rights licensed.

No CC license version licenses patent and trademark rights along with copyright. These rights are treated separately and are not covered by the license. In 4.0, this was made explicit to avoid confusion. However, in all license versions, implied licenses may come into play where these rights would interfere with exercise of the rights granted by the CC license.

Attribution and marking

Attribution reasonable to means, medium, and context

In 4.0, the manner of attribution is explicitly allowed to be reasonable to the means, medium, and context of how one shares a work.

In the 1.0, 2.0, 2.5, and 3.0 licenses, attribution may be reasonable to the medium or means, and applied to all elements other than certain notices where the requirement is firm. In 4.0, this explicit permission applies to the medium, means, and context of use. We believe this to be a clarification rather than a change: attribution reasonable to the means, medium, and context of use should be permissible for works under any CC license. Additionally, the pre-4.0 licenses specified that credit in adaptations and collections should be at least as prominent as credits for other authors; 4.0 is not specific in this regard.

Reasonableness applies to all attribution requirements

In 4.0, all attribution requirements may be fulfilled reasonable to the means, medium, and context of the use.

In earlier license versions, compliance reasonable to means and medium of use was not expressly permitted for all elements, as certain notices were excluded; however, in 4.0 these are included in the elements that may be fulfilled in a reasonable manner.

Credit to others explicit

In 4.0, proper attribution requires credit to designated others where supplied by the licensor.

In the 1.0 and 2.0 licenses, CC licenses contemplated crediting the author only. Versions 2.5 and 3.0 allow licensors to identify another party or organization for attribution (called an “Attribution Party” in these licenses). This feature was introduced in part to alleviate burdensome or difficult attribution situations, such as when many people contribute to a collaborative effort and agree to be credited as a collective body. In licenses with this feature, licensors may designate another party for attribution purposes—such as a sponsor institute, publishing entity or journal—in addition to or instead of the author. You may review some of the concerns raised when CC proposed this change.

Licensors may request removal of attribution

In the 4.0 licenses, a user must remove attribution from a work at the creator's request to the extent it is reasonably practicable to do so. This is true whether the work is modified or unmodified.

All license versions after version 1.0 require attribution. However, legislation in many countries gives authors the right to control the use of their name in association with their works. Therefore, CC licenses require licensees to remove attribution to the creator at his or her request, where it would otherwise be required to include it. In 2.0, 2.5, and 3.0, credit must be removed from adaptations and collections, to the extent practicable, at the creator’s request. In 4.0, the creator may also request removal of credit from the unmodified work.

Title required

The title is not required for proper attribution in the 4.0 licenses. It is required in all earlier versions.

Beginning in version 1.0, one of the requirements for proper attribution was to include the title of the licensed work; this requirement was kept in versions 2.0, 2.5, and 3.0. In Version 4.0, this requirement was eliminated to increase flexibility and ease of compliance, particularly as many works do not have titles. Users are still encouraged to include titles where supplied.

URI required

For 4.0 licensed materials, a URI is required for proper attribution, if it is reasonably practicable to include.

The version 1.0 licenses contained no URI requirement. In version 2.0, CC introduced the requirement to retain a URI associated with a licensed work for proper attribution if it contains copyright notices or licensing information; this was kept through 2.5 and 3.0. In version 4.0, CC reconsidered this requirement. However, it was retained based on feedback from current and potential adopters that it is important for provenance, branding, and other reasons; a URI associated with the work is required as part of attribution if reasonably practicable to retain, regardless of whether it contains copyright notices or licensing information.

"No endorsement" clause included

In version 4.0, the license is clear that it should not be construed as giving permission to suggest the licensor endorses their use and similar.

In some jurisdictions, wrongfully implying that an author, publisher, or anyone else endorses a particular use of a work may be unlawful. Though not explicitly mentioned in the 1.0, 2.0, or 2.5 licenses, this has always been the case. The version 3.0 licenses contain an express no endorsement clause. In version 4.0, this clause is expressed as a limitation on the rights granted by the licensor.

Modifications and adaptations must be indicated

In the 4.0 license suite, licensees are required to indicate if they made modifications to the licensed material. This obligation applies whether or not the modifications produced adapted material. As with all other attribution and marking requirements, this may be done in a manner reasonable to the means, medium, and context. For example, "This section is an excerpt of the original." For trivial modifications, such as correcting spelling errors, it may be reasonable to omit the notice.

In the 3.0 suite, the obligation to indicate if modifications have been made applies if they result in the creation of an adaptation (when allowed by the license). Versions 1.0, 2.0, and 2.5 do not contain this requirement directly; however, the requirement in those licenses that the original work be credited if used in an adaptation (e.g., "French translation of the Work by Original Author") is some indication that the work has been modified. Even when not required, licensees are encouraged to indicate the material has been modified, and ideally (when reasonable) to describe or specify the changes made.

Other license features

Representations and warranties from licensor included

In version 4.0, the licensor does not provide representations and warranties regarding the licensed content.

In the 1.0 license suite, the licensor extends warranties—for instance, that the work does not infringe the work of another. These warranties were eliminated in all subsequent license versions. Versions 2.0, 2.5, 3.0 and 4.0 explicitly offer the work “AS IS” and disclaim all liabilities to the extent allowable by law. In 4.0, an interpretation clause was added to help ensure that the disclaimer would be interpreted as intended given variations in local law. Of course, licensors may continue to offer warranties and specialized disclaimers separately from the license.

Some ports of 3.0 include warranties where they may not be disclaimed under local law. You may compare how different jurisdictions implemented this section of the license.

Licensor expressly waives rights to enforce, and grants permission to circumvent, technological protection measures

Version 4.0 includes an explicit waiver of, or agreement not to assert, any right licensor may otherwise have to enforce anti-circumvention of any effective technological measures applied to licensed material. CC licensors may apply such measures to their own licensed material, but the 4.0 licenses ensure that, to the extent possible, users are able to exercise the licensed rights when applied by or with the permission of the licensor. To reinforce this, the version 4.0 licenses also expressly grant permission to circumvent those measures.

It is always possible for a licensor to upload his or her own work to a platform that applies technological protection measures, even though the licensor chooses to use a CC license. The permission for a third-party platform to apply ETMs is separate from the CC license, and the CC license cannot restrict that additional permission because CC licenses are nonexclusive. In many jurisdictions, that third party may be able to enforce ETMs through civil or criminal anti-circumvention laws even though the licensor has waived or agreed not to assert any such right under the CC license. Licensees should make themselves aware of any legal limits on their ability to circumvent ETMs in advance of doing so.

In versions 1.0, 2.0, 2.5, and 3.0, the waiver of any right to enforce and the permission to circumvent are not express; however, this does not preclude any implied right to do so that may exist.

Automatic restoration of rights after termination if license violations corrected

In version 4.0, licensees may regain their rights to use licensed material after the license terminates by correcting a license violation within 30 days of discovering it.

In all license versions, a breach of the license terms results in automatic termination. Under versions 1.0, 2.0, 2.5, and 3.0, express permission from the licensor is required for licensees to regain their rights to use the work. In version 4.0, a new provision allows the rights to be automatically reinstated without express permission from the licensor, provided that the violation is corrected within 30 days of its discovery. This is similar to provisions in a handful of other public licenses.

In all versions, a licensor may of course reinstate permissions at any time.

Collecting societies regimes addressed

Under 4.0, licensors waive any right to collect royalties under collecting society schemes if they have chosen licenses permitting commercial uses. A licensor may collect royalties for commercial uses for works under the NonCommercial licenses.

Many users of Creative Commons licenses are members of collective rights societies like ASCAP, BMI, BUMA/STEMRA, and others that manage copyright on behalf of owners. Every license version from the 2.0 suite onward contains clauses that account for the existence of those arrangements. They provide, for instance, that for works offered under a NonCommercial license, the licensor retains the right to collect royalties for commercial uses of the work. The structure of the provisions in the 2.0 and 2.5 licenses differs from that in the version 3.0 and 4.0 licenses. The 2.x licenses specifically regulate music, sound recordings, and webcasting. As those licenses were ported to different jurisdictions, those provisions were adjusted to conform to the local collecting society situation.

The version 3.0 licenses and later employ a broad, harmonized strategy to collective rights societies. This strategy still allows jurisdictions to adopt an approach that best aligns with local law and society structure in the 3.0 licenses, but also ensures that the approach is implemented consistently across jurisdictions. In the international license, as regards compulsory royalty collection, the licensor reserves any right they have to collect those royalties in jurisdictions in which collection cannot be waived. In those jurisdictions in which compulsory royalty collection can be waived, the right to collect royalties is waived completely for those licenses that permit commercial use, and is reserved for commercial uses in those licenses that permit NonCommercial use only. For voluntary royalty schema, the licensor reserves the right to collect royalties for commercial uses in those licenses that permit NonCommercial use only, and waives the right to collect such royalties for licenses permitting commercial use. This clause covers both individual royalty collection and, in the event that the licensor is a member of a collecting society that collects such royalties, collection via such societies to the extent permitted by law. Some ports of the version 3.0 licenses include only those clauses that address the particular situation in the jurisdiction. Others have adopted all the language from the international license in hopes of international harmonization, or out of concern that their jurisdiction’s regime may change. You may compare how different jurisdictions implemented this section of the license.

License-specific features

Compatibility mechanism in BY-SA licenses

Under the 4.0 licenses, licensees may use licenses designated by CC as compatible for their contributions to adapted material.

The ShareAlike licenses require that licensees make their contributions to adapted material available under the same terms and conditions, or, where the license allows, under a license designated by CC as compatible. The version 1.0 ShareAlike licenses require that adaptations be made under exactly the same license as applied to the original work. Starting with the release of the 2.x license suites, CC expanded compatibility by allowing contributions to adapted material to be created under the same or later version of the original license, including other ported versions of the same or later version of the license. The 3.0 Attribution-ShareAlike goes one step further, by allowing those contributions to be licensed under under a “Creative Commons Compatible License,” defined to mean licenses approved by CC as essentially equivalent to the 3.0 Attribution-ShareAlike license.

To date, CC has not approved any other licenses as compatible. However, CC will develop a compatibility process shortly following launch of the 4.0 licenses, and begin evaluating other licenses. You can view the list of compatible licenses, and a post about the upcoming compatibility process. You may also want to review CC’s statement of intent for the Attribution-ShareAlike licenses, and a draft statement that sets out further principles for the ShareAlike licenses.

Compatibility mechanism in BY-NC-SA licenses

In the 4.0 licenses, the same compatibility mechanism is present in the BY-NC-SA license as in BY-SA. Adapted material may be licensed under BY-NC-SA, version 4.0 or later, or any license CC has designated as compatible. To date, CC has not identified any other licenses as compatible; the process and criteria will be maintained on the compatibility page. There is no compatibility mechanism in the 1.0, 2.0, 2.5, or 3.0 versions of BY-NC-SA.

Adapted material usable under conditions of adapter's license

In version 4.0, CC added a provision in the ShareAlike licenses that enables downstream licensees to refer only to the adapter’s license when using adapted material that contains the copyrightable contributions of multiple authors. This feature is designed to minimize complexity for reusers where they are using a later version of the ShareAlike license or a compatible license as their adapter's license. In 4.0, users need only refer to a single set of conditions contained in the last license applied to reuse adapted material, rather than parsing the conditions of the original and other adapter's licenses (to the extent the licenses differ).

In all cases, the licenses stack (the later license does not supplant all previously-applied licenses) when adapted material is created. In particular, the license originally applied to the material being remixed continues to apply once remixed, however permission is given in 4.0 for licensees to meet the conditions of the 4.0 license with reference to those in the adapter's license.

Prior to the 4.0 versioning process, CC had not always been clear that the ShareAlike licenses stacked just as they stack for the BY and BY-NC licenses, and reasonable minds do differ on this point. CC believes, however, that this is the best reading of its all of its licenses that permit adaptations prior to 4.0 and, now, has made that explicit in version 4.0.

Adaptations of NoDerivatives material permitted when not shared

In Version 4.0, licensees are granted permission to create adaptations of material licensed under one of the NoDerivatives licenses, but not permission to share the adaptations publicly.

In general, private personal use does not require the permission of the licensor and, therefore, does not require that the conditions of the CC license be followed. In 4.0, NoDerivatives is a partial rather than an absolute limitation on the rights granted. It does not restrict the production of adaptations (an exclusive right of creators under copyright), but it does prohibit the public sharing of those adaptations (also an exclusive right of creators under copyright). This change enables private activities that may result in the creation of adaptations whether intentionally or unintentionally, such as adaptations made in the course or as a result of text and data mining.

The creation of adaptations in connection with those and other activities are not permitted under the 3.0 and earlier versions absent an applicable exception or limitation.

Features remaining unchanged across license versions

Attribution required

All of the CC licenses require attribution where "BY" is a license element, which is all but five of the eleven version 1.0 licenses.The required mode of attribution differs slightly among the versions, and is progressively more flexible with each version. The version 1.0 suite is unique because it contains five CC licenses that do not require attribution. All subsequent license suites make attribution a standard requirement, though the licensor may request removal in certain circumstances. It is also possible under all license versions for a licensor to release works anonymously, and to waive the requirement by not providing authorship information. Where an element of attribution information is not provided by the licensor, the licensee is not required to provide it.

Definition of "NonCommercial"

While the Creative Commons licenses have evolved over time, the scope of permitted uses under the NonCommercial licenses has remained unchanged across all license suites. (In 4.0, there was a small adjustment to the wording of the definition which was not intended to change its scope.) The NonCommercial clause prohibits the exercise of rights granted under the NonCommercial licenses “in any manner that is primarily intended for or directed toward commercial advantage or monetary compensation.” In 2008, Creative Commons conducted a study on the meaning of NonCommercial in the online environment.

During the 4.0 process, CC took another look at the role of these licenses in general as well as the NonCommercial definition, and considered a name change to "Commercial Rights Reserved". The ultimate decision was to leave unchanged the license name and definition.

Application of effective technological measures by users of CC-licensed works prohibited

All CC license versions prohibit licensees (as opposed to licensors) from using effective technological measures such as “digital rights management” software to restrict the ability of those who receive a CC-licensed work to exercise rights granted under the license. To be clear, encryption or an access limitation is not necessarily a technical protection measure prohibited by the licenses. For example, content sent via email and encrypted with the recipient's public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a set of users (e.g., with a username and password) does not restrict use of the work by the recipients. In the cases above, encryption or an access limitation does not violate the prohibition on technological measures because the recipient is not prevented from exercising all rights granted by the license (including rights of further redistribution).

This treatment was re-evaluated during the public process leading to release of the version 3.0 license suite. CC considered arguments in favor of such measures, coupled with an obligation of parallel distribution; these arguments were also reconsidered during the 4.0 process. However, in both versioning processes, those arguments were ultimately rejected.

Note that in 4.0, CC introduced a definition of Effective Technological Measures. This definition is not intended to change the scope of what is and is not allowed, but instead provide long-needed clarification over the scope of the prohibition.

Exceptions and limitations unaffected

All CC licenses only govern uses that would otherwise be restricted by copyright and other closely related rights as provided in the licenses. If a use is not regulated by virtue of an applicable exception or limitation, the license does not apply and there is no need to follow the license conditions. The licenses do not create obligations where they would not otherwise exist.

Effective for all copyrightable material

All Creative Commons license versions may be used with all copyrightable works (though CC recommends against using its licenses for computer software). Such works include compilations of data that exhibit the requisite level of creativity for copyright protection under applicable law. Thus, to the extent compilations of data are protected by copyright, Creative Commons licenses are suitable licenses for granting permission to exercise that right. For the avoidance of doubt, version 3.0 and 4.0 licenses explicitly identify compilations as material that may be licensed.

Note that sui generis database rights (existing separately from any copyright) are not explicitly licensed in the international suite until version 4.0.

Notices must be retained

The CC licenses all require users to retain a copyright notice, a notice of the disclaimers of warranties, and a license notice if supplied with the licensed material.

Synching creates adaptations

In all license versions, synching CC-licensed audio in timed relation with a video to create an audiovisual work creates an adaptation of that audio work for purposes of the license, regardless of whether the new work would be considered an adaptation under the relevant copyright law. This means, for example, that the requirements of ShareAlike are triggered if the audio work is licensed under a ShareAlike license, and that such works may be made but not shared if licensed under a NoDerivatives license as of version 4.0.

No sublicensing

None of the Creative Commons licenses grant permission to sublicense the licensed material. All of the licenses are direct licenses from the original licensor to all recipients. All permissions granted come directly from the original licensor, creating a direct relationship for enforcement and other purposes between the original licensor and all recipients.

Licensing of collections

Including a CC-licensed work in a collection (a work comprised of separate and independent works) is permitted by all CC licenses. However the collective work as a whole is licensed, the license on the collection does not affect the CC license applied to the work.

In 4.0, reference to distribution in a collection was removed from the license as unnecessary. There is no change from previous versions, however.

Licensing of contributions to BY and BY-NC adaptations

The 4.0 licenses make clear for the first time how contributions to adaptations of BY and BY-NC works may be licensed. Specifically, an adapting licensee may apply any license to her contributions provided that license does not prevent users of the adaption from complying with the original license. While new in 4.0, the introduction of this provision is intended as a clarifier only and is not a change from how earlier versions operate.

Licenses

Links to the International (unported) legal code for the six licenses making up the current suite, for each version:

4.0

3.0

2.5

2.0

1.0

Retrieved from "https://wiki.creativecommons.org/index.php?title=License_Versions&oldid=115094"

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#####EOF##### Intergovernmental Organizations - Creative Commons

Intergovernmental Organizations

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Intergovernmental organizations (IGOs) are using CC to share research, data, and educational materials they produce. IGOs, like all creators who want wide dissemination of their content, realize they can benefit greatly from the use of Creative Commons licenses--maximizing the impact of their resources and efforts. A number of IGOs believe that as publicly minded institutions, adopting an open licensing policy for at least some subset of their publications is the preferred mechanism for ensuring the broadest and most widespread use and reuse of the information they publish.

This page explains some of the benefits for IGOs choosing to publish content under Creative Commons licenses, clarifies some unique legal considerations, provides case study of IGOs already using CC, aggregates relevant frequently asked questions, and addresses common licensing scenarios and options available to IGOs.

Why Intergovernmental Organizations Benefit from Using CC

IGOs' missions are aligned with sharing information and resources

Disseminating useful information globally is aligned with the mission and work of most IGOs. Sharing information and content -- ranging from education assessment metrics to cultural heritage resources to research studies on the environmental impact of fossil fuels to health information -- is central to the success of IGOs. Information and content that IGOs create can be made maximally useful to the diverse communities they serve, helping citizens, governments, civic institutions, and businesses across all sectors.

CC helps clarify rights to users in advance

Materials like reports, photographs and videos released under the default All Rights Reserved copyright require the end user to ask permission in order to use the resource in the absence of some applicable exception or limitation under applicable copyright law. This framework means IGOs must dedicate resources to review and approve those requests. From the user perspective, the time and effort required to obtain the permission can be significant. The result is that resources are less likely to be used, shared, or repurposed, significantly diminishing the potential impact of information published. (The Organization for Economic Co-operation and Development (OECD) has described the challenges to dissemination of information under the All Rights Reserved copyright framework as follows: "While information technology makes it possible to multiply and distribute content worldwide and almost at no cost, legal restrictions on the reuse of copyrighted material hamper its negotiability in the digital environment ... [T]he Creative Commons license is by far the best-known license for such content, the use of which is growing exponentially." OECD (2007) Giving Knowledge for Free: The Emergence of Open Educational Resources, p.13.

Creative Commons licenses offer a simple, standardized way to grant flexible copyright permissions in advance. The adoption of Creative Commons licenses increases the dissemination, discoverability, reuse, and translatability of research and education materials. CC licenses are the global standard for open content licenses, and are leveraged by corporations, institutions, and government bodies worldwide. Creative Commons licenses lower the transaction costs normally associated with seeking and granting permission to use resources by granting limited permission in advance.

CC helps ensure IGOs receive credit for the resources they create

IGOs who use CC licenses get the credit they deserve for the work they create. All CC licenses require that attribution be given to author in the manner specified. IGOs also need not worry about expending resources crafting custom terms of service specifying how their works can be used. Creative Commons licenses contain vetted, legally robust standard copyright terms and conditions. These common features serve as the baseline, on top of which IGOs can choose to grant additional permissions if desired.

FAQ: CC Licenses and IGOs

IGOs are unique in several respects from individuals and other organizations. Below are some common questions about how CC licenses work for IGOs.

Can intergovernmental organizations ("IGOs") use CC licenses?

Anyone may use CC licenses for works they own, including IGOs. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons published a 3.0 ported license suite specifically intended for use by IGOs. These ported licenses -- known as the 3.0 IGO ported licenses -- grant all of the same permissions as our international (unported) 3.0 licenses; however, they have two unique provisions. First, unlike all other 3.0 licenses, where the licensor is an IGO then unless otherwise mutually agreed, disputes are resolved by mediation or, if that is unsuccessful, through arbitration. This provision was included in response to the challenges IGOs face with enforcing their copyright. IGOs have privileges and immunities from national legal processes, including judicial processes. Waiving that immunity so they can bring suit in a national legal forum can be exceedingly difficult. Instead, IGOs typically use mediation and arbitration as the preferred means to resolve legal disputes.

Second, unlike the other 3.0 licenses, the 3.0 IGO ported licenses contain a cure period just like CC's new 4.0 licenses. If a licensee fixes a license violation within 30 days of discovery, the license automatically reinstates. The inclusion of the provision is intended to help reduce the likelihood that mediation and arbitration become necessary.

What should I know before I use a work licensed under the IGO 3.0 ported licenses?

You should be aware of the dispute resolution mechanism in the license, which is contained in Section 8(h). Disputes involving works licensed by IGOs under the licenses are resolved by mediation and arbitration.

Generally, mediation is a process used to avoid settling a dispute in court. The process typically involves a neutral third party (called a mediator) who tries to help the parties resolve the dispute. Mediation is not binding, however, unless the parties agree otherwise. Arbitration is also used to avoid settling a dispute in court, but the third party (called an arbitrator) has authority to make a decision in favor of one party. Arbitration tends to be more formal than mediation.

Before using any work licensed by an IGO under the IGO 3.0 ported licenses, be sure you understand what the mediation and arbitration processes are that have been chosen by the IGO and know what they mean for you. IGOs typically designate those in the copyright notice attached to the work.

How does the mediation and arbitration provision work?

Assuming a violation of the license has occurred and the dispute cannot be amicably resolved, the process starts with mediation. The IGO/licensor sends a notice of mediation to the licensee designating the mediation rules if those are not already identified in the copyright notice accompanying the work. If mediation is unsuccessful, then either the licensor or licensee can chose to commence arbitration. If arbitration becomes necessary, then those proceedings allow for remote participation (e.g., by teleconference, written submissions, etc.) whenever practicable.

IGOs have the ability to designate the particular mediation and arbitration rules in the copyright notice attached to the work, though the licensor and user of the work can always agree otherwise. If none is designated and no agreement is reached, then the mediation rules will be those identified in the notice of mediation sent to the licensee. If the matter progresses to arbitration, then unless otherwise stated in the copyright notice the rules that apply are the current Arbitration Rules of the United Nations Commission on International Trade Law (known as the UNCITRAL arbitration rules). The UNCITRAL rules are widely used by IGOs and others.

Note that Creative Commons does not endorse any particular mediation or arbitration rules. Creative Commons has published special deeds for the IGO 3.0 ported licenses that emphasize that disputes are resolved by mediation and arbitration. You should always take note before using a work by an IGO whether the license used is an IGO 3.0 ported license.

Do the 3.0 IGO ported licenses operate differently in other respects?

No, the only differences are the mediation and arbitration processes and the ability to cure a violation and regain your rights as a licensee. CC and the IGOs took great care to ensure that the interpretation of the licenses are no different otherwise than the 3.0 international licenses. The adjudicating body (the mediation or arbitration tribunal) will interpret the scope of the license and remaining obligations in accordance with general principles of international law. Exceptions and limitations remain unregulated by those licenses as well.

Note that the IGO 3.0 port is designed so that only IGOs as defined in the license are able to use mediation and arbitration. It is not available to anyone else using the licenses.

Examples of CC License Use by Intergovernmental Organizations

Commonwealth of Learning

European Cultural Foundation

European Funded

  • http://www.communia-project.eu/about COMMUNIA - The European Thematic Network on the Digital Public Domain, funded by the European Commission (the executive of the European Union), CC BY-SA (Unported).
  • European Organization for Nuclear Research (CERN) - CERN publishes its book catalog online as open data using the CC0 public domain dedication and the results of some Large Hadron Collider (LHC) experiments are published under various Creative Commons licenses.

European Space Agency

Inter-American Development Bank

  • The Inter-American Development Bank is requiring the adoption of Creative Commons by the organizations that receive funding from the Bank in the context of the FOMIN (Fondo Multiateral de Inversiones) initiatives, particularly the ICT4BUS, a fund that promotes the adoption of e-commerce in the American continent, which has financed more that thirty initiatives in Brazil, Argentina, Chile, Nicaragua and other Latin American countries. Banks require those initiative to use the GPL to license any software developed by organizations receiving support from the bank, and CC to license the documentation related with those computer programs, such as user manuals.

International Institute for Democracy and Electoral Assistance

World Bank

Retrieved from "https://wiki.creativecommons.org/index.php?title=Intergovernmental_Organizations&oldid=116994"

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#####EOF##### Creative Commons — Uznanie autorstwa-Na tych samych warunkach 3.0 Unported — CC BY-SA 3.0
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Creative Commons License Deed

Uznanie autorstwa-Na tych samych warunkach 3.0 Unported (CC BY-SA 3.0)

Poniższy tekst jest jedynie przystępnym podsumowaniem licencji (której nie zastępuje). Klauzula ograniczenia odpowiedzialności.

Wolno:

  • Adaptacje — remiksuj, zmieniaj i twórz na bazie utworu
  • dla dowolnego celu, także komercyjnego.
  • Licencjodawca nie może odwołać udzielonych praw, o ile są przestrzegane warunki licencji.

Na następujących warunkach:

  • Uznanie autorstwa — Utwór należy odpowiednio oznaczyć, podać link do licencji i wskazać jeśli zostały dokonane w nim zmiany . Możesz to zrobić w dowolny, rozsądny sposób, o ile nie sugeruje to udzielania prze licencjodawcę poparcia dla Ciebie lub sposobu, w jaki wykorzystujesz ten utwór.

  • Na tych samych warunkach — Remiksując utwór, przetwarzając go lub tworząc na jego podstawie, należy swoje dzieło rozpowszechniać na tej samej licencji, co oryginał.

  • Brak dodatkowych ograniczeń — Nie możesz korzystać ze środków prawnych lub technologicznych, które ograniczają innych w korzystaniu z utworu na warunkach określonych w licencji.

Uwagi:

  • Warunki licencyjne nie muszą być przestrzegane w odniesieniu do tych fragmentów licencjonowanych treści, które znajdują się w domenie publicznej, lub w przypadku sposobów korzystania dozwolonych przez odpowiednie wyjątki lub ograniczenia prawa autorskiego.
  • Licencjodawca nie daje żadnych gwarancji. Licencja może nie zapewniać wszystkich niezbędnych zgód dla niektórych użyć utworu. Dotyczy to w szczególności innych praw, takich jak ochrona wizerunku, prywatności czy autorskie prawa osobiste. Mogą one ograniczać możliwości wykorzystania utworu.
#####EOF##### Frequently Asked Questions - Creative Commons
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Frequently Asked Questions

2019-04-02 14:07:11 UTC

These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information.

  • Other CC FAQs: CC0 Public Domain Dedication and Public Domain Mark.
  • “Licensor”, “rights holder”, “owner”, and “creator” may be used interchangeably to refer to the person or entity applying a CC license.
  • Information about the licenses is primarily made with reference to the 4.0 suite, but earlier license versions are mentioned where they differ.
  • Have a question that isn’t answered here? Contact info@creativecommons.org.

Creative Commons does not provide legal advice. This FAQ is for informational purposes and is not a substitute for legal advice. It may not cover important issues that affect you. You should consult with your own lawyer if you have questions.

About CC

What is Creative Commons and what do you do?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. Our legal tools help those who want to encourage reuse of their works by offering them for use under generous, standardized terms; those who want to make creative uses of works; and those who want to benefit from this symbiosis. Our vision is to help others realize the full potential of the internet. CC has affiliates all over the world who help ensure our licenses work internationally and who raise awareness of our work.

Although Creative Commons is best known for its licenses, our work extends beyond just providing copyright licenses. CC offers other legal and technical tools that also facilitate sharing and discovery of creative works, such as CC0, a public domain dedication for rights holders who wish to put their work into the public domain before the expiration of copyright, and the Public Domain Mark, a tool for marking a work that is in the worldwide public domain. Creative Commons licenses and tools were designed specifically to work with the web, which makes content that is offered under their terms easy to search for, discover, and use.

For more information about CC, our main website contains in-depth information about the organization, its staff and board of directors, its history, and its supporters. You can also read CC case studies to learn about some of the inspiring ways CC licenses and tools have been used to share works and support innovative business models. You can find regularly updated information about CC by visiting the blog.

Absolutely not. CC has responded to claims to the contrary. CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

That said, Creative Commons recognizes the need for change in copyright law, and many members of the Creative Commons community are active participants in the copyright reform movement. For more information, see our statement in support of copyright reform.

What does “Some Rights Reserved” mean?

Copyright grants to creators a bundle of exclusive rights over their creative works, which generally include, at a minimum, the right to reproduce, distribute, display, and make adaptations. The phrase “All Rights Reserved” is often used by owners to indicate that they reserve all of the rights granted to them under the law. When copyright expires, the work enters the public domain, and the rights holder can no longer stop others from engaging in those activities under copyright, with the exception of moral rights reserved to creators in some jurisdictions. Creative Commons licenses offer creators a spectrum of choices between retaining all rights and relinquishing all rights (public domain), an approach we call “Some Rights Reserved.”

No. Creative Commons is not a law firm and does not provide legal advice or legal services. CC is similar to a self-help service that offers free, form-based legal documents for others to use. These FAQ answers many of the most common questions. There is also specialized information available on the following pages:

While CC does provide this informational guidance about its licenses and other tools, this information may not apply to your particular situation, and should never be taken as legal advice.

If you’re looking for legal advice about using CC licenses and other tools, we recommend contacting the Creative Commons affiliate in your jurisdiction. CC affiliates are highly connected to the communities of copyright lawyers in their countries. We also offer a list of lawyers and organizations who have identified themselves as willing to provide information to others about CC licensing issues. However, please note that CC does not provide referral services, and does not endorse or recommend any person on that list.

Does Creative Commons collect or track material licensed under a CC license?

No, CC does not collect content or track licensed material. However, CC builds technical tools that help the public search for and use works licensed under our licenses and other legal tools, and many others have built such tools as well. CC Search is one tool developed by CC to help the public discover works offered under Creative Commons licenses on the internet via CC-aware search engines and repositories.

What do the Creative Commons buttons do?

The CC buttons are a shorthand way to convey the basic permissions associated with material offered under CC licenses. Creators and owners who apply CC licenses to their material can download and apply those buttons to communicate to users the permissions granted in advance. When the material is offered online, the buttons should usually link out to the human-readable license deeds (which, in turn, link to the license itself).

May I use the Creative Commons logo and buttons?

You may download high resolution versions of the Creative Commons logos and use them in connection with your work or your website, provided you comply with our policies. Among other things, if you use the logos on a website or on your work, you may not alter the logos in any respect—such as by changing the font, the proportions, or the colors. CC’s buttons, name, and corporate logo (the “CC” in a circle) are trademarks of Creative Commons. You cannot use them in ways not permitted by our policies unless you first receive express, written permission. This means, for example, that you cannot (without our permission) print your own buttons and t-shirts using CC logos, although you can purchase them in CC’s store.

I love Creative Commons. How can I help?

Please support CC by making a donation through our support page. Donations can be handled through PayPal or by credit card. You can also support CC by visiting our store.

CC always welcomes your feedback, which you can provide by emailing . You can also participate in CC’s email discussion lists and share feedback and ideas in one of those forums.

If you are a software developer, sysadmin, or have other technical expertise, please join our developer community and help build the tools that build the commons.

Finally, one of the best ways to support CC is by supporting our causes yourself. Follow our blog to find out about current issues where you can help get involved and spread the word, and advocate for free and open licensing in your own communities.

Why does Creative Commons run an annual fundraising campaign? What is the money used for and where does it go?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, with affiliates all over the world who help ensure our licenses work internationally and raise awareness about our work. Our tools are free, and our reach is wide.

In order to…

  • continue developing our licenses and public domain tools to make sure they are legally and technically up-to-date around the world,
  • help creators implement these tools on websites through best practices and individual assistance,
  • enable CC licensing on major content-sharing platforms,
  • enhance CC-licensed resource search and discovery,
  • advocate for CC licensing and open policies in education, science, and culture, and
  • myriad other activities we’re forgetting to mention, such as all the everyday boring but essential operations that go into running an organization

…we need $ to make it all happen! For more information, please take a look at our Annual Report.

Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. It is essential we have the public’s support because it is the creators and users of CC material who make our tools relevant in this digital age. They depend on the tools and services CC provides through their reuse and remix of the rich, open resources available on Wikipedia, Flickr, SoundCloud, Vimeo, Europeana, MIT OpenCourseWare, the Library of Science, Al Jazeera, and YouTube—just to name a few. Many of these people donate $10, $25, or $50 to CC, to help keep it up and running so we can continue to provide our tools and services for free, as a nonprofit organization. The more people who donate to CC, the more independent it will remain.

General License Information

What are Creative Commons licenses?

Creative Commons licenses provide an easy way to manage the copyright terms that attach automatically to all creative material under copyright. Our licenses allow that material to be shared and reused under terms that are flexible and legally sound. Creative Commons offers a core suite of six copyright licenses. Because there is no single “Creative Commons license,” it is important to identify which of the six licenses you are applying to your material, which of the six licenses has been applied to material that you intend to use, and in both cases the specific version.

All of our licenses require that users provide attribution (BY) to the creator when the material is used and shared. Some licensors choose the BY license, which requires attribution to the creator as the only condition to reuse of the material. The other five licenses combine BY with one or more of three additional license elements: NonCommercial (NC), which prohibits commercial use of the material; NoDerivatives (ND), which prohibits the sharing of adaptations of the material; and ShareAlike (SA), which requires adaptations of the material be released under the same license.

CC licenses may be applied to any type of work, including educational resources, music, photographs, databases, government and public sector information, and many other types of material. The only categories of works for which CC does not recommend its licenses are computer software and hardware. You should also not apply Creative Commons licenses to works that are no longer protected by copyright or are otherwise in the public domain. Instead, for those works in the worldwide public domain, we recommend that you mark them with the Public Domain Mark.

How do CC licenses operate?

CC licenses are operative only when applied to material in which a copyright exists, and even then only when a particular use would otherwise not be permitted by copyright. Note that the latest version of CC licenses also applies to rights similar to copyright, such as neighboring rights and sui generis database rights. Learn more about the scope of the licenses. This means that CC license terms and conditions are not triggered by uses permitted under any applicable exceptions and limitations to copyright, nor do license terms and conditions apply to elements of a licensed work that are in the public domain. This also means that CC licenses do not contractually impose restrictions on uses of a work where there is no underlying copyright. This feature (and others) distinguish CC licenses from some other open licenses like the ODbL and ODC-BY, both of which are intended to impose contractual conditions and restrictions on the reuse of databases in jurisdictions where there is no underlying copyright or sui generis database right.

All CC licenses are non-exclusive: creators and owners can enter into additional, different licensing arrangements for the same material at any time (often referred to as “dual-licensing” or “multi-licensing”). However, CC licenses are not revocable once granted unless there has been a breach, and even then the license is terminated only for the breaching licensee.

There are also videos and comics that offer visual descriptions of how CC licenses work.

Which is the latest version of the licenses offered by Creative Commons?

In November 2013, Creative Commons published the version 4.0 license suite. These licenses are the most up-to-date licenses offered by CC, and are recommended over all prior versions. You can see how the licenses have been improved over time on the license versions page. 4.0 has been drafted to be internationally valid, and will have official translations becoming available after publication.

No. By design, CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions. This is a fundamental principle of CC licensing.

Who gives permission to use material offered under Creative Commons licenses?

Our licenses and legal tools are intended for use by anyone who holds copyright in the material. This is often, but not always, the creator.

Creative Commons offers licenses and tools to the public free of charge and does not require that creators or other rights holders register with CC in order to apply a CC license to a work. This means that CC does not have special knowledge of who uses the licenses and for what purposes, nor does CC have a way to contact creators beyond means generally available to the public. CC has no authority to grant permission on behalf of those persons, nor does CC manage those rights on behalf of others.

If you would like to obtain additional permissions to use the work beyond those granted by the license that has been applied, or if you’re not sure if your intended use is permitted by the license, you should contact the rights holder.

Are Creative Commons licenses enforceable in a court of law?

Creative Commons licenses are drafted to be enforceable around the world, and have been enforced in court in various jurisdictions. To CC’s knowledge, the licenses have never been held unenforceable or invalid.

CC licenses contain a “severability” clause. This allows a court to eliminate any provision determined to be unenforceable, and enforce the remaining provisions of the license.

What happens if someone applies a Creative Commons license to my work without my knowledge or authorization?

CC alerts prospective licensors they need to have all necessary rights before applying a CC license to a work. If that is not the case and someone has marked your work with a CC license without your authorization, you should contact that person and tell them to remove the license from your work. You may also wish to contact a lawyer. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What are the international (“unported”) Creative Commons licenses, and why does CC offer “ported” licenses?

One of CC’s goals is ensuring that all of its legal tools work globally, so that anyone anywhere in the world can share their work on globally standard terms. To this end, CC offers a core suite of six international copyright licenses (formerly called the “unported”) that are drafted based largely on various international treaties governing copyright, taking into account as many jurisdiction-specific legal issues as possible. The latest version (4.0) has been drafted with particular attention to the needs of international enforceability.

For version 3.0 and earlier, Creative Commons has also offered ported versions of its six core licenses for many jurisdictions (which usually correspond to countries, but not always). These ported licenses are based on the international license suite but have been modified to reflect local nuances in the expression of legal terms and conditions, drafting protocols, and language. The ported licenses and the international licenses are all intended to be legally effective everywhere. CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

Can governments and intergovernmental organizations (“IGOs”) use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors’ overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the “machine readable” layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]”; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you’re uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC’s Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC’s legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC’s Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and running pilot programs that allow creators to use CC licenses in some circumstances.

If you are already a member of a collecting society and want to use CC licenses, you are welcome to encourage your collecting society to give you the option of Creative Commons licensing.

Can I still make money from a work I make available under a Creative Commons license?

Yes. One of our goals is to encourage creators and rights holders to experiment with new ways to promote and market their work. There are several possible ways of doing this.

CC’s NonCommercial (NC) licenses allow rights holders to maximize distribution while maintaining control of the commercialization of their works. If you want to reserve the right to commercialize your work, you may do this by choosing a license with the NC condition. If someone else wants to use your work commercially and you have applied an NC license to your work, they must first get your permission. As the rights holder, you may still sell your own work commercially.

You may also use funding models that do not depend on using an NC license. For example, many artists and creators use crowdfunding to fund their work before releasing it under a less restrictive license. Others use a “freemium” model where the basic content is free, but extras such as a physical printed version or special access to a members-only website are for paying customers only.

For more information and ideas, The Power of Open presents case studies of artists, businesspeople, and organizations who use CC.

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

No. CC licenses allow for flexibility in the way credit is provided depending on the medium, means, and context in which a licensee is redistributing licensed material. For example, providing attribution to the creator when using licensed material in a blog post may be different than doing so in a video remix. This flexibility facilitates compliance by licensees and reduces uncertainty about different types of reuse—minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded.

Can I change the license terms or conditions?

Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons” or “CC” license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials. Keep in mind that altering terms and conditions is distinct from waiving existing conditions or granting additional permissions than those in the licenses. Licensors may always do so, and many choose to do so using the CC+ protocol to readily signal the waiver or additional permission on the CC license deed.

CC does not assert copyright in the text of its licenses, so you are permitted to modify the text as long as you do not use the CC marks to describe it. However, we do not recommend this. We also advise against modifying our licenses through indirect means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other material. This would prevent licensees from using, combining, or remixing content under your customized license with other content under the same or compatible CC licenses.

Modifying licenses creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.

Can I waive license terms or conditions?

Yes. You may always choose to waive some license terms or conditions. Material licensed under a CC license but with additional permissions granted or conditions waived may be compatibly licensed with other material under the same license. Our CC+ protocol provides a mechanism for facilitating that grant or waiver.

Can I enter into separate or supplemental agreements with users of my work?

Yes. CC licenses are nonexclusive. Licensors always have the option of entering into separate arrangements for the sharing of their material in addition to applying a CC license. However, those different arrangements are not “CC” or “Creative Commons” licenses.

Separate agreements: You may offer the licensed material under other licenses in addition to the CC license (a practice commonly referred to as “dual licensing”). For example, you may wish to license a video game soundtrack under both a CC license and the GPL, so that it may be used under either set of terms. A reuser may then choose which set of terms to comply with. Or, for example, you may offer your material to the public under a NonCommercial license, but offer commercial permissions to fee-paying customers.

Supplemental agreements: Problems arise when licensors design those terms or arrangements to serve not as separate, alternative licensing arrangements but as supplemental terms having the effect of changing the standard terms within the CC license. While you may offer separate terms and conditions to other parties, you should not do so in such a way that would neutralize terms of the CC license.

Except in the limited situation where more permissions are being granted or license conditions are waived, if the additional arrangement modifies or conflicts with the CC license terms, then the resulting licensing arrangement is no longer a CC licensing arrangement. To avoid confusing those who may mistakenly believe the work is licensed under standard CC terms, we must insist that in these instances licensors not use our trademarks, names, and logos in connection with their custom licensing arrangement.

It should be noted that any agreements you make with other parties only have an effect on the other parties to that agreement, and do not apply to anyone else receiving the licensed material. For example, if there are terms of use that apply to visitors to your website on which you host CC-licensed material, your terms of use may apply to visitors to that website, but not to anyone who receives copies of the CC-licensed material elsewhere. Even for the visitors to your website, any separate terms and conditions do not become part of the license—they remain a separate contractual agreement, and violation of this agreement does not constitute copyright infringement.

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

A CC license terminates automatically when its conditions are violated. For example, if a reuser of CC-licensed material does not provide the attribution required when sharing the work, then the user no longer has the right to continue using the material and may be liable for copyright infringement. The license is terminated for the user who violated the license. However, all other users still have a valid license, so long as they are in compliance.

Under the 4.0 licenses, a licensee automatically gets these rights back if she fixes the violation within 30 days of discovering it.

If you apply a Creative Commons license and a user violates the license conditions, you may opt to contact the person directly to ask them to rectify the situation or consult a lawyer to act on your behalf. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

As long as users abide by license terms and conditions, licensors cannot control how the material is used. However, CC licenses do provide several mechanisms that allow licensors to choose not to be associated with their material or to uses of their material with which they disagree.

First, all CC licenses prohibit using the attribution requirement to suggest that the licensor endorses or supports a particular use. Second, licensors may waive the attribution requirement, choosing not to be identified as the licensor, if they wish. Third, if the licensor does not like how the material has been modified or used, CC licenses require that the licensee remove the attribution information upon request. (In 3.0 and earlier, this is only a requirement for adaptations and collections; in 4.0, this also applies to the unmodified work.) Finally, anyone modifying licensed material must indicate that the original has been modified. This ensures that changes made to the original material–whether or not the licensor approves of them–are not attributed back to the licensor.

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

The use of any effective technical protection measures (such as digital rights management or “DRM”) by licensees to prevent others from exercising the licensed rights is prohibited.

Not all kinds of encryption or access limitations are prohibited by the licenses. For example, sending content via email and encrypting it with the recipient’s public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a particular set of users (for example, by requiring a username and password to enter a site) does not restrict further use of the content by the recipients. In these examples, these things do not prevent the recipient from exercising all of the rights granted by the license, including the right to redistribute it further.

If someone is applying effective technological measures to your CC-licensed material that do restrict exercise of the licensed rights (such as applying DRM that restricts copying), this is a violation of the license terms unless you have chosen to grant this permission separately.

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

No. CC licenses grant permission to use the licensed material in any media or format regardless of the format in which it has been made available. This is true even if you have applied a NoDerivatives license to your work. Once a CC license is applied to a work in one format or medium, a licensee may use the same work in any other format or medium without violating the licensor’s copyright.

What if I change my mind about using a CC license?

CC licenses are not revocable. Once something has been published under a CC license, licensees may continue using it according to the license terms for the duration of applicable copyright and similar rights. As a licensor, you may stop distributing under the CC license at any time, but anyone who has access to a copy of the material may continue to redistribute it under the CC license terms. While you cannot revoke the license, CC licenses do provide a mechanism for licensors to ask that others using their material remove the attribution information. You should think carefully before choosing a Creative Commons license.

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

CC offers six core licenses, each of which grants a different set of permissions. Before you use CC-licensed material, you should review the terms of the particular license to be sure your anticipated use is permitted. If you wish to use the work in a manner that is not permitted by the license, you should contact the rights holder (often the creator) to get permission first, or look for an alternative work that is licensed in a way that permits your anticipated use. Note that if you use material in a way that is not permitted by the applicable license and your use is not otherwise permitted by an applicable copyright exception or limitation, the license is automatically terminated and you may be liable for copyright infringement, even if you are eligible to have your rights reinstated later.

Before using material offered under a Creative Commons license, you should know that CC licenses only grant permissions needed under copyright and similar rights, and there may be additional rights you need to use it as intended. You should also understand that licensors do not offer warranties or guarantees about the material they are licensing unless expressly indicated otherwise. All materials are licensed “AS IS” and a disclaimer of warranties applies unless expressly provided otherwise. If you want to ask for a warranty or guarantee about rights to use the material, you should talk with the licensor before using it.

Does a Creative Commons license give me all the rights I need to use the work?

It depends. CC licenses do not license rights other than copyright and similar rights (which include sui generis database rights in version 4.0). For example, they do not license trademark or patent rights, or the publicity, personality, and privacy rights of third parties. However, licensors agree to waive or not assert any moral rights, publicity rights, personality rights, or privacy rights they themselves hold, to the limited extent necessary to allow exercise of the licensed rights. Any rights outside of the scope of the license may require clearance (i.e., permission) in order to use the work as you would like.

Additionally, creative works sometimes incorporate works owned by others (known as “third party content”), often used pursuant to a CC license or under an exception or limitation to copyright such as fair use in the U.S. You should make sure you have permission to use any third party content contained in the work you want to use, or that your use is otherwise allowed under the laws of your jurisdiction, particularly in cases such as fair use where your right to use the content depends on the particular context in which you plan to use it.

All CC licenses contain a disclaimer of warranties, meaning that the licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work. You may wish to obtain legal advice before using CC-licensed material if you are not sure whether you have all the rights you need.

What if there are sui generis database rights that apply to my use of a CC-licensed database?

In the somewhat limited circumstances where sui generis database rights apply to your use, special conditions apply and there are more specific considerations you should be aware of. Under 4.0, sui generis database rights are licensed alongside copyright, but the treatment in earlier versions of the license varies. A fuller explanation of these variations and related considerations is available in the Data FAQ.

Where can I find material offered under a CC license?

If you are looking for material offered under a Creative Commons license, CC Search is a good starting point. There is also a directory of organizations and individuals who use CC licenses. Some media sites, such as Flickr, have search filters for material licensed using CC’s licenses.

Be sure to confirm that the material you want to use is actually under a CC license, as search results may sometimes be misleading.

Are Creative Commons works really free to use?

Yes. While many if not most CC-licensed works are available at no cost, some licensors charge for initial access to CC-licensed works—for example, by publishing CC-licensed content only to subscribers, or by charging for downloads. However, even if you have paid an access charge, once you have a copy of CC-licensed material, you may make any further uses permitted by the license without paying licensing fees.

(If you wish to make uses that are not permitted by the license—for example, making a commercial use of an NC-licensed photo—the licensor may charge for those additional rights.)

What should I know about differences between the international licenses and the ported licenses?

As a licensee, you should always read and understand the relevant license’s legal code before using CC-licensed material, particularly if you are using material that is licensed using a ported license with which you are unfamiliar. Our porting process involved adapting the international licenses to the legal framework of different jurisdictions, and in that process slight adjustments may have been made that you should make yourself aware of in advance of using the material. You can find more information about the ported licenses in the Jurisdiction Database.

There are currently no ported versions of 4.0, and we expect there will be few, if any, in the future. All official translations of the 4.0 international licenses are equivalent: you may substitute one for another depending on your preferred language.

However, the ported versions of 3.0 and earlier sometimes contain small differences from the international license depending on the ways in which they have been adapted to their jurisdictions. For example, a handful of the ported licenses contain provisions specifying which laws will apply in the event the licensor chooses to enforce the license, and a few of the ported licenses contain forum selection clauses.

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Contact the rights holders to ask for permission. Otherwise, unless an exception or limitation to copyright applies, your use of the material may violate the Creative Commons license. If you violate the terms of the license, your rights to use the material will be automatically terminated, and you may be liable for copyright infringement.

Do I always have to comply with the license terms? If not, what are the exceptions?

You need to comply with the license terms if what you are doing would otherwise require permission from the rights holder. If your use would not require permission from the rights holder because it falls under an exception or limitation, such as fair use, or because the material has come into the public domain, the license does not apply, and you do not need to comply with its terms and conditions. Additionally, if you are using an excerpt small enough to be uncopyrightable, the license does not apply to your use, and you do not need to comply with its terms.

However, if you are using excerpts of CC-licensed material which individually are minimal and do not require license compliance, but together make up a significant copyrightable chunk, you must comply with the license terms. For example, if you quote many individual lines from a poem across several sections of a blog post, and your use is not a fair use, you must comply with the license even though no individual line would have been a substantial enough portion of the work to require this.

Attribution

How do I properly attribute material offered under a Creative Commons license?

All CC licenses require users to attribute the creator of licensed material, unless the creator has waived that requirement, not supplied a name, or asked that her name be removed. Additionally, you must retain a copyright notice, a link to the license (or to the deed), a license notice, a notice about the disclaimer of warranties, and a URI if reasonable. For versions prior to 4.0, you must also provide the title of the work. (Though it is not a requirement in 4.0, it is still recommended if one is supplied.)

You must also indicate if you have modified the work—for example, if you have taken an excerpt, or cropped a photo. (For versions prior to 4.0, this is only required if you have created an adaptation by contributing your own creative material, but it is recommended even when not required.) It is not necessary to note trivial alterations, such as correcting a typo or changing a font size. Finally, you must retain an indication of previous modifications to the work.

CC licenses have a flexible attribution requirement, so there is not necessarily one correct way to provide attribution. The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner. Additionally, you may satisfy the attribution requirement by providing a link to a place where the attribution information may be found.

While the attribution requirements in the license are the minimum requirement, we always recommend that you follow the best practices for the kind of use you are making. For example, if you are using scientific data marked with CC0, you are not required to give attribution at all, but we recommend that you give the same credit you would give to any other source—not because the license requires it, but because that is the standard for letting others know the source of the data.

The CC website offers some best practices to help you attribute properly, and the CC Australia team has developed a helpful guide to attributing CC-licensed material (.pdf) in different formats. Note that the attribution and marking requirements vary slightly among license versions. See here for a chart comparing the specific requirements.

Do I need to be aware of anything else when providing attribution?

Yes. You need to be careful not to imply any sponsorship, endorsement, or connection with the licensor or attribution party without their permission. Wrongfully implying that a creator, publisher, or anyone else endorses you or your use of a work may be unlawful. Creative Commons makes the obligation not to imply endorsement explicit in its licenses. In addition, if the licensor of a work requests that you remove the identifying credit, you must do so to the extent practical.

Additionally, when you are using a work that is an adaptation of one or more pre-existing works, you may need to give credit to the creator(s) of the pre-existing work(s), in addition to giving credit to the creator of the adaptation.

Do I always have to attribute the creator of the licensed material?

You must attribute the creator when you provide material to the public by any means that is restricted by copyright or similar rights. If you are using the material personally but are not making it or any adaptations of it available to others, you do not have to attribute the licensor. Similarly, if you are only distributing the material or adaptations of it within your company or organization, you do not have to comply with the attribution requirement. Learn more about when compliance with the license is not required.

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such.

Can I take a CC-licensed work and use it in a different format?

Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.

This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work.

How do I know if a low-resolution photo and a high-resolution photo are the same work?

As with most copyright questions, it will depend on applicable law. Generally, to be different works under copyright law, there must be expressive or original choices made that make one work a separate and distinct work from another. The determination depends on the standards for copyright in the relevant jurisdiction.

Under U.S. copyright law, for example, mechanical reproduction of a work into a different format is unlikely to create a separate, new work. Consequently, digitally enhancing or changing the format of a work absent some originality, such as expressive choices made in the enhancement or encoding, will not likely create a separate work for copyright purposes. The creative bar is low, but it is not non-existent. Accordingly, in some jurisdictions releasing a photograph under a CC license will give the public permission to reuse the photograph in a different resolution.

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

The NoDerivs licenses (BY-ND and BY-NC-ND) prohibit reusers from creating adaptations. What constitutes an adaptation, otherwise known as a derivative work, varies slightly based on the law of the relevant jurisdiction.

Incorporating an unaltered excerpt from an ND-licensed work into a larger work only creates an adaptation if the larger work can be said to be built upon and derived from the work from which the excerpt was taken. Generally, no derivative work is made of the original from which the excerpt was taken when the excerpt is used to illuminate an idea or provide an example in another larger work. Instead, only the reproduction right of the original copyright holder is being exercised by person reusing the excerpt. All CC licenses grant the right to reproduce a CC-licensed work for noncommercial purposes (at a minimum). For example, a person could make copies of one chapter of an ND-licensed book and not be in violation of the license so long as other conditions of the license are met.

There are exceptions to that general rule, however, when the excerpts are combined with other material in a way that creates some new version of the original from which the excerpt is taken. For example, if a portion of a song was used as part of a new song, that may rise to the level of creating an adaptation of the original song, even though only a portion of it was used and even if that portion was used as-is.

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

No. When you receive material under a Creative Commons license, you may not place additional terms and conditions on the reuse of the work. This includes using effective technological measures (ETMs) that would restrict a licensee’s ability to exercise the licensed rights.

A technological measure is considered an ETM if circumventing it carries penalties under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements. Generally, this means that the anti-circumvention laws of various jurisdictions would cover attempts to break it.

For example, if you remix a CC-licensed song, and you wish to share it on a music site that places digital copy-restriction on all uploaded files, you may not do this without express permission from the licensor. However, if you upload that same file to your own site or any other site that does not apply DRM to the file, and a listener chooses to stream it through an app that applies DRM, you have not violated the license.

Note that merely converting material into a different format that is difficult to access or is only available for certain platforms does not violate the restriction; you may do this without violating the license terms.

Can I share CC-licensed material on password-protected sites?

Yes. This is not considered to be a prohibited measure, so long as the protection is merely limiting who may access the content, and does not restrict the authorized recipients from exercising the licensed rights. For example, you may post material under any CC license on a site restricted to members of a certain school, or to paying customers, but you may not place effective technological measures (including DRM) on the files that prevents them from sharing the material elsewhere.

(Note that charging for access may not be permitted with NC-licensed material; however, it is not disallowed by the restriction on ETMs.)

Can I share CC-licensed material on file-sharing networks?

Yes. All CC licenses allow redistribution of the unmodified material by any means, including distribution via file-sharing networks. Note that file-trading is expressly considered to be noncommercial for purposes of compliance with the NC licenses. Barter of NC-licensed material for other items of value is not permitted.

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

If you have received material under a CC license that is encumbered with effective technological measures (such as digital rights management or DRM), you may or may not be permitted to break it, depending on the circumstances. By releasing material under a CC license, the licensor agrees not to assert any rights she may have to prevent the circumvention of effective technological measures. (Under the 3.0 and earlier licenses, this is implied but not explicit.) However, if she has uploaded it to a site or other distribution channel that itself applies such measures, that site may have the right to prevent you from breaking them, even though the licensor herself cannot do so.

Note that anti-circumvention laws can impose criminal liability in some jurisdictions.

What if I have received CC-licensed material with additional restrictions?

It is possible that CC-licensed material will appear on platforms that impose terms in addition to the copyright license (though Creative Commons strongly discourages restrictions that interfere with exercise of the licensed rights). These additional terms do not form part of the license for the work. For example, if you download CC-licensed material from a site that does not permit downloading, you may be breaking the terms of use of the site, but you are not infringing the CC license. See our guide to Modifying the CC licenses for more guidance and information.

Combining and adapting CC material

When is my use considered an adaptation?

Whether a modification of licensed material is considered an adaptation for the purpose of CC licenses depends primarily on the applicable copyright law. Copyright law reserves to an original creator the right to create adaptations of the original work. CC licenses that allow for adaptations to be shared—all except BY-ND and BY-NC-ND—grant permission to others to create and redistribute adaptations when doing so would otherwise constitute a violation of applicable copyright law. Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable, such as a translation of a novel from one language to another, or the creation of a screenplay based on a novel.

Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation, whether or not it would be considered so under applicable law. Also, under version 4.0, certain uses of databases restricted by sui generis database rights also constitute adaptations (called “Adapted Material” in the 4.0 licenses), whether or not they would be considered adaptations under copyright law. For more details about adaptations in the database context, see the Data FAQ.

Note that all CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license.

Note on terminology: throughout these FAQs, we use the term “remix” interchangeably with “adapt.” Both are designed to mean doing something that constitutes an adaptation under copyright law.

Can I combine material under different Creative Commons licenses in my work?

It depends. The first question to ask is whether doing so constitutes an adaptation. If the combination does not create an adaptation, then you may combine any CC-licensed content so long as you provide attribution and comply with the NonCommercial restriction if it applies. If you want to combine material in a way that results in the creation of an adaptation (i.e. a “remix”), then you must pay attention to the particular license that applies to the content you want to combine.

The NoDerivatives licenses do not permit remixing except for private use (the pre-4.0 licenses do not permit remixing at all, except as allowed by exceptions and limitations to copyright). All the other CC licenses allow remixes, but may impose limitations or conditions on how the remix may be used. For example, if you create a remix with material licensed under a ShareAlike license, you need to make sure that all of the material contributed to the remix is licensed under the same license or one that CC has named as compatible, and you must properly credit all of the sources with the required attribution and license information. Similarly, if you want to use a remix for commercial purposes, you cannot incorporate material released under one of the NonCommercial licenses.

The chart below shows which CC-licensed material can be remixed. To use the chart, find a license on the left column and on the top right row. If there is a check mark in the box where that row and column intersect, then the works can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies. See below for details on how remixes may be licensed.

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If you make adaptations of material under a CC license (i.e. “remix”), the original CC license always applies to the material you are adapting even once adapted. The license you may choose for your own contribution (called your “adapter’s license”) depends on which license applies to the original material. Recipients of the adaptation must comply with both the CC license on the original and your adapter’s license.

  • BY and BY-NC material

When remixing BY or BY-NC material, it is generally recommended that your adapter’s license include at least the same license elements as the license applied to the original material. This eases reuse for downstream users because they are able to satisfy both licenses by complying with the adapter’s license. For example, if you adapt material licensed under BY-NC, your adapter’s license should also contain the NC restriction. See the chart below for more details.

  • BY-SA and BY-NC-SA material

In general, when remixing ShareAlike content, your adapter’s license must be the same license as the license on the material you are adapting. All licenses after version 1.0 also allow you to license your contributions under a later version of the same license, and some also allow ported licenses. (See the license versions page for details.) If you wish to adapt material under BY-SA or BY-NC-SA and release your contributions under a non-CC license, you should visit the Compatibility page to see which options are allowed.

  • BY-ND and BY-NC-ND material

The BY-ND and BY-NC-ND licenses do not permit distribution of adaptations (also known as remixes or derivative works), and prohibits the creation of adaptations under the pre-4.0 versions of those licenses. Since you may not share remixes of these materials at all, there is no compatibility with other licenses. (Note that the ND licenses do allow you to reproduce the material in unmodified form together with other material in a collection, as indicated in the next FAQ.)

  • Adapter’s license chart

The chart below details the CC license(s) you may use as your adapter’s license. When creating an adaptation of material under the license identified in the lefthand column, you may license your contributions to the adaptation under one of the licenses indicated on the top row if the corresponding box is green. CC does not recommend using a license if the corresponding box is yellow, although doing so is technically permitted by the terms of the license. If you do, you should take additional care to mark the adaptation as involving multiple copyrights under different terms so that downstream users are aware of their obligations to comply with the licenses from all rights holders. Dark gray boxes indicate those licenses that you may not use as your adapter’s license.

Adapter’s license chart Adapter’s license
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work PD              
BY              
BY-NC              
BY-NC-ND              
BY-NC-SA              
BY-ND              
BY-SA              
Abbreviation Key

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

All Creative Commons licenses (including the version 4.0 licenses) allow licensed material to be included in collections such as anthologies, encyclopedias, and broadcasts. You may choose a license for the collection, however this does not change the license applicable to the original material.

When you include CC-licensed content in a collection, you still must adhere to the license conditions governing your use of the material incorporated. For example, material under any of the Creative Commons NonCommercial licenses cannot be used commercially. The table below indicates what type of CC-licensed works you may incorporate into collections licensed for commercial and noncommercial uses.

Original Work Commercial Collection (BY, BY-SA, BY-ND) NonCommercial Collection (BY-NC, BY-NC-SA, BY-NC-ND)
PD    
BY    
BY-NC    
BY-NC-ND    
BY-NC-SA    
BY-ND    
BY-SA    

License termination

When do Creative Commons licenses expire?

Creative Commons licenses expire when the underlying copyright and similar rights expire.

Note that the relevant rights may expire at different times. For example, you may have a CC-licensed song where the rights in the musical arrangement expire before the rights in the lyrics. In this case, when the copyright in the music expires, you may use it without being required to comply with the conditions of the CC license; however, you must still comply with the license if you use the lyrics.

What happens if the author decides to revoke the CC license to material I am using?

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms. Of course, you may choose to respect the licensor’s wishes and stop using the work.

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

All of the CC licenses terminate if you fail to follow the license conditions. If this happens, you no longer have a license to use the material.

In the 4.0 licenses, your rights under the license are automatically reinstated if you correct this failure within 30 days of discovering the violation (either on your own or because the licensor or someone else has told you). Under the 3.0 and earlier licenses, there is no automatic reinstatement.

If you have lost your rights under a CC license and are not entitled to automatic reinstatement, you may regain your rights under the license if the licensor expressly grants you permission. You cannot simply re-download the material to get a new license.

Note that you may still be liable for damages for copyright infringement for the period where you were not in compliance with the license.

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

The Creative Commons licenses have three layers, as does the CC0 public domain dedication: the human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The Public Domain Mark is not legally operative, and so has only two layers: the human-readable mark and machine-readable metadata.

When material is licensed using any of the CC licenses or tools, it is highly recommended that a CC button, text, or other marker somehow accompany it. There are many possible modes for marking. For our licenses, people generally use the CC license chooser to generate HTML code that can be pasted into the webpage where the licensed material is published. CC0 and the Public Domain Mark have a separate chooser. Many platforms and web services such as Flickr and Drupal support CC licensing directly, allowing you to select an appropriate license. The service then properly marks the work for you.

CC has published some best practices for marking your CC-licensed material, and recommends:

  • Including a visual indicator (some combination of text and images) that the work is licensed with one of the CC licenses.
  • Clearly indicating what material is covered under the CC license, especially if it’s presented alongside non-licensed materials.
  • Including a link to the human-readable deed (which itself contains a link to the legal code).
  • Embedding machine-readable metadata in the code of the license indicator or code of the licensed page.

See the marking page for more details.

What does it mean that Creative Commons licenses are “machine-readable”?

Creative Commons has specified CC REL as a way to associate machine-readable licensing metadata with objects offered under CC licenses.

Before Creative Commons developed this vocabulary, it was difficult for a machine to ascertain whether an object was marked with a CC license. There was also no standard, predictable place to house metadata about that license (for example, the source URL of the work or the required mode of attribution).

Machine-readable metadata based on well-accepted metadata standards creates a platform upon which new services and applications can be built. Software and services can detect CC licenses and the details of that license, as described by the metadata. For example, on many websites and search engines such as Google and Flickr, you can run filtered searches for works offered under specific CC licenses. In addition, CC license deeds can automatically create copy-and-paste attribution code so users may easily comply with the BY condition of the licenses. When you click on a CC license or button from a page with license metadata, you get copy-and-paste attribution HTML within that license deed page. That HTML is based on available RDFa metadata in the original material.

All HTML provided by the CC license chooser is automatically annotated with metadata in RDFa format.

What is RDFa?

RDFa is a method for embedding structured data in a web page. For more information about RDFa, see the following resources:

What is CC REL and why does Creative Commons recommend it?

Creative Commons Rights Expression Language (CC REL) renders information about licenses and works machine-readable through standards that define the semantic web. Creative Commons wants to make it easy for creators and scientists to build upon the works of others when they choose; licensing your work for reuse and finding properly licensed works to reuse should be easy. CC recommends that you mark your licensed works with CC REL. The Creative Commons license chooser provides HTML annotated with CC REL, while the Creative Commons deeds recognize CC REL on web pages with works offered under a CC license, and use this metadata to enhance the deed for properly marked-up works, e.g., by providing copy and paste HTML that includes work attribution.

For more background information on CC REL, please refer to this paper.

What does it mean for a search engine to be CC-enabled?

Some search engines (like Google) allow people to filter their search results by usage rights so that you can limit your search results according to the particular CC license you seek. For example, if you are looking for a photo to adapt, you can filter your search to return photos that have a CC license that permits creation of adaptations. You can generally find this search feature on the advanced search page of your selected search engine. You can also use CC Search, which offers a convenient interface to search and a list of those content providers that support searches for content based on usage rights.

Please note, however, that you should always double check to make sure that the work you locate through a search is licensed as you wish.

How do I give users of my site the option to use CC licensing like Flickr does?

Creative Commons provides tools for integrating license selection with your site. You can find an overview at the Web Integration article on the CC wiki. The Partner Interface is a good way to get started and will always have the most up-to-date license versions and translations. However, there is also an API available if you want more control.

How can I change or remove the Creative Commons search option built into the Firefox browser?

Mozilla has included the Creative Commons search function in many versions of Firefox along with search options for Google, Amazon, and other popular sites. Please take a look at the Firefox article on the CC wiki for an explanation of how to change these features.

If you want to add or remove a particular search option, click on the logo in the search box (for example, the CC logo or the Google logo). This will open the pull down menu, which will allow you to select different search providers. If you choose “Manage Search Engines,” you will be able to add or remove search engines. You can also alter the order in which the search providers appear on the pull down menu.

Is Creative Commons involved in digital rights management (DRM)?

No. CC licenses are a form of rights expression, not rights management. CC provides tools to make it easier for creators and owners to say which rights they reserve and permissions they grant. This is different from digital rights management (or “DRM”), which uses technological protection measures to prevent people from using the work in a way that the owner has not permitted.

CC licenses contain language prohibiting licensees from the use of effective technological measures (including DRM) to prevent access to licensed material: ”You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any such recipient.”

While licensors may apply effective technological measures (ETMs) to their own materials, the licensor provides a limited permission to circumvent these measures: “The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures.” Note that this only applies to effective technological measures applied by licensors themselves: third parties such as distribution platforms may still apply ETMs if the licensor uploads there, and the license is not able to grant you permission to circumvent it.

Copyright law grants exclusive rights to creators of original works of authorship. National laws usually extend protections to such works automatically once fixed in a tangible medium, prohibiting the making of copies without the rights holder’s permission, among other things. On the internet, even the most basic activities involve making copies of copyrighted content. As content is increasingly uploaded, downloaded, and shared online, copyright law is becoming more relevant to more people than it was 20 years ago. Unfortunately, infringing copyrights—even unintentionally or unknowingly—can lead to liability. Successful navigation of the internet requires some understanding of copyright law.

What is the public domain?

The public domain of copyright refers to the aggregate of those works that are not restricted by copyright within a given jurisdiction. A work may be part of the public domain because the applicable term of copyright has expired, because the rights holder surrendered copyright in the work with a tool like CC0, or because the work did not meet the applicable standards for copyrightability.

Because the public domain depends on the copyright laws in force within a particular territory, sometimes a work may be considered “in the public domain” of one jurisdiction, but not in another. For example, U.S. government works are automatically in the public domain under U.S. copyright law, but might be restricted by copyright in other countries.

The Public Domain Manifesto, the University Libraries page, and the CC0 FAQs all contain additional information about the public domain.

Copyright in most jurisdictions attaches automatically without need for any formality once a creative work is fixed in tangible form (i.e. the minute you put pen to paper, take a photo, or hit the “save” button on your computer).

In some jurisdictions, creators may be required to register with a national agency in order to enforce copyright in court. If you would like more information, please consult the Berne Convention or your jurisdiction’s copyright law.

Although you do not have to apply a copyright notice for your work to be protected, it may be a useful tool to clearly signal to people that the work is yours. It also tells the public who to contact about the work.

What is an adaptation?

An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.

In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter’s personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil’s copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction’s copyright law for more information.

What are moral rights?

Copyright laws in many jurisdictions around the world grant creators “moral rights” in addition to the economic or commercial right to exploit their creative works. Moral rights protect the personal and reputational value of a work for its creator. Moral rights differ by country, and can include the right of attribution, the right to have a work published anonymously or pseudonymously, and/or the right to the integrity of the work. The moral right of integrity may provide creators with a source for redress if an adaptation represents derogatory treatment of their work, typically defined as “distortion or mutilation” of the work or treatment that is “prejudicial to the honor, or reputation of the author.” Not all jurisdictions provide for moral rights.

The CC licenses are intended to minimize the effect of moral rights on a licensee’s ability to use licensed material; however, in some jurisdictions, these rights may still have an effect. CC offers some additional information on how CC licenses may affect your moral rights.

What are neighboring rights?

Copyright provides an incentive to create works by providing exclusive rights to creators. However, the distribution or exploitation of a work often involves more than just the creator. For example, if someone writes a song, someone else may perform the song, and another may produce the recording of the song. Some jurisdictions extend copyright to the contributions made by these persons; other jurisdictions extend such exclusive rights in the form of neighboring rights. Neighboring rights may include performers’ rights or broadcasters’ rights, among others. The Rome Convention sets forth some guidelines on the scope of neighboring rights. Not all jurisdictions recognize neighboring rights.

What are sui generis database rights?

Sui generis database rights grant qualifying database makers the right to prohibit the extraction and reuse of a substantial portion of a database. The rights are granted to database makers that make a substantial investment of time and resources to create the database. Sui generis database rights are primarily enacted within the European Union and a handful of other jurisdictions.

What are collecting societies?

Collecting societies are copyright management organizations. Some examples of collecting societies include ASCAP and BMI (United States), BUMA/STEMRA (Netherlands), PRS (United Kingdom), and APRA (Australia). These societies license works on behalf of their owners and process royalty payments from parties using the copyrighted works.

CC offers additional information on how collecting societies might affect your rights and your ability to apply CC licenses to your work. CC has several pilots underway with collecting societies that have chosen to allow their members to use CC licenses on a limited basis.

What are publicity, personality, and privacy rights?

These terms are used differently in different jurisdictions. Generally speaking, these rights allow individuals to control the use of their voice, image, likeness, or other identifiable aspect of their identity, especially for purposes of commercial exploitation. Similarly, in some jurisdictions these rights allow people to restrict others’ ability to publish information about them without their permission. Whether and to what extent these rights exist, and if so, how they are labeled, varies depending on the jurisdiction.

Creative Commons licenses have a limited effect on these rights where the licensor holds them. Where the licensor has publicity, personality, or privacy rights that may affect your ability to use the material as the license intends, the licensor agrees to waive or not assert those rights. However, any such rights not held by the licensor are not affected and may still affect your desired use of a licensed work. If you have created a work or wish to use a work that might in some way implicate these rights, you may need to obtain permission from the individuals whose rights may be affected.

Data

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

: Uses of CC Licenses with Data and Databases : Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker’s investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [marking page]https://wiki.creativecommons.org/wiki/Marking_your_work_with_a_CC_license “wikilink”) for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights–but not copyright–are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.1 These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker’s substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Artificial intelligence and CC licenses

What are the limits on how CC-licensed works can be used in the development of new technologies, such as training of artificial intelligence software?

The licenses grant permission for reuse in any situation that requires permission under copyright. There are many ways in which CC-licensed work works and even all rights reserved works can be reused without permission. This includes uses that are fair uses, for example.

If someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected. This is one of the enduring qualities of our licenses — they have been carefully designed to work with all new technologies where copyright comes into play. No special or explicit permission regarding new technologies from a copyright perspective is required.

But what about privacy laws, rules governing ethical research, and data protection laws?

CC’s copyright licenses are not universal policy tools. Copyright is the primary obstacle to reuse that our licenses solve, but there are many other issues related to the reuse of content that our licenses do not address and that reusers should be aware of. These can include privacy and rules governing ethical research and the collection or use of data, which have to be addressed and respected separate and apart from the copyright issues that CC licenses cover.

What attribution obligations exist when CC-licensed images are included in a published dataset? Is linking to the original image or URI required, and if so, is it adequate?

It depends. First, keep in mind that CC licenses never limit uses that copyright doesn’t control. For example, as a general matter text and data mining in the United States is considered a fair use and does not require permission under copyright. This means that reusers engaged in text and data mining do not have to adhere to the marking and attribution requirements in our licenses for that activity even though we strongly recommend they do so anyway. A second example is linking. In some countries, linking to copyrighted content doesn’t require permission under copyright law, which means the CC license obligations do not come into play even though the linked content is CC-licensed.

Where a CC-licensed work is distributed as part of a database or dataset, and assuming copyright (or in the European Union, copyright or sui generis database rights) is triggered, then the license conditions must be respected. This means providing the required attribution information in a way that is reasonable under the circumstances. Our licenses allow for some flexibility, and in some cases that may be as simple as providing a link to the website where the relevant attribution information is provided. Visit our marking practices page for more information.

If a for-profit company uses CC-licensed content under a Non Commercial license and releases the work under terms that allow only research purposes, is the NC restriction violated?

This depends on whether any of the uses made of the works by the company, whether for profit or non profit, are primarily intended for commercial advantage or monetary compensation. This is hard to know without having all of the facts about how a work was used, whether internally by the company for its own purposes or how the work was distributed for further use. Visit our NC page for more information about what constitutes commercial and non commercial uses of works.

If NC-licensed content is redistributed to the public under an NC license, that distribution would not violate the NC clause. (Note that CC strongly discourages the use of any license terms other than a CC NC license for redistributions of NC-licensed content.)

If CC SA-licensed content is included in a database, does the entire database have to be licensed under an SA license?

CC licenses never require a reuser of a CC-licensed work to make the original work or resulting works (collections, derivatives, etc.) publicly available. There are lots of private reuses of works that are permitted by CC’s licenses that do not require compliance with their terms. Regarding ShareAlike, the condition only applies if a work is modified and if the work is shared publicly. In the situation where a reuser created a dataset of photos and made it publicly available, and assuming copyright permission is required, then what is released is likely a collection or compilation of pre-existing works. CC licenses do not require the collection or the compilation itself to be made available under an SA license, even though each individual work is still licensed individually under an SA license and if they were modified by the distributor the modified photo would need to be licensed under the same terms. For example, were Creative Commons to compile photographs from a photo sharing website under a BY-SA 2.0 license and create a database that it then publicly distributed, CC could license the collection as a whole under a BY license, but the photographs would continue to be licensed under BY-SA 2.0.

What, if any, remedies, do users have if they dislike how their photos or images have been reused?

Several remedies are potentially available. Some may be available if the CC license terms have been violated, and others may be available through other, separate avenues because they involve other laws or regulations that the CC licenses do not cover. It’s important to remember, however, that absent a violation of the license the permissions granted under the license remain in place and cannot be revoked.

  • Under the CC licenses, even if a license condition has not been violated licensors can ask that attribution to them be removed so they can distance themselves from the reuse.
  • For violations of a CC license term where the license was required (not a fair use, etc.) then you may have a claim for copyright infringement. Fortunately, in the CC community most license violations are handled amicably without resorting to the courts.
  • For claims involving laws and regulations other than copyright, recourse may be available depending on your local laws.

An important starting point for any would-be sharer of content under a CC license is to educate yourself in advance about how they work and what rights they do and do not cover. We have many FAQs on our website. We also provide human-readable deeds with links to the full text of our licenses. Additionally, all of our licenses highlight at the beginning many considerations that licensors should have in mind before they license, and considerations for reusers of works before they do so in order to avoid inadvertent violations.

Notes

  1. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).↩

#####EOF##### Website Icons - Creative Commons
Creative Commons > Website Icons

Website Icons

masksMasks by Creative Stall licensed under CC BY 3.0 is used to represent Arts & Culture in the featured works on the homepage

 

searchSearch Applications by Rohith M S licensed under CC BY 3.0 is used to represent Use & remix in the quicklinks band on the homepage

 

scaleJustice by Creative Stall licensed under CC BY 3.0 is used to represent Legal Tools and Licenses

 

brainBrain by Arjun Adamson licensed under CC BY 3.0 is used to represent Share Your Work in the quicklinks band on the homepage

 

secureUnlock by Austin Condiff licensed under CC BY 3.0 is used to represent Open Access

 

envelopeEnvelope by Icon Island licensed under CC BY 3.0 is the email icon in the header and on the homepage

 

Resource Type: Scientific ResearchAtom by Erin Agnoli licensed under CC BY 3.0 is used to represent Science

 

 

Resource Type: MusicHeadphones by Molly Bramlet licensed under CC BY 3.0 is used to represent Music in the featured works on the homepage

 

Resource Type: BookBook by Mike Ashley licensed under CC BY 3.0 is used to represent Book in the featured works on the homepage

 

Resource Type: VideoVideo-player by Nikhil Dev licensed under CC BY 3.0 is used to represent Educational Materials in the featured works on the homepage

 

Resource Type: PhotoPicture by José Campos licensed under CC BY 3.0 is used to represent Photos in the featured works on the homepage

 

GraphResource Type: Government by Nicholas Menghini licensed under CC BY 3.0 is used to represent Government Data in the featured works on the homepage and Open Data

 

Resource Type: 3D ModelCube by Andrey Vasiliev licensed under CC BY 3.0 is used to represent 3D Models in the featured works on the homepage

 

TechnologyMicrochip by Creative Stall licensed under CC BY 3.0 is used to represent Technology

 

Resource Type: ToolWrench by Maciej Świerczek licensed under CC BY 3.0 is used to represent Tools

 

 

Resource Type: Education MaterialDocument by João Miranda licensed under CC BY 3.0 is used to represent Educational Materials in the featured works on the homepage

 

Matching GiftGift by Nicolò Bertoncin licensed under CC BY 3.0 is used to represent Matching Gifts on Donate and Other Ways to Give

 

checkCheck by Darin S licensed under CC BY 3.0 is used to represent Check Method on Donate and Other Ways to Give

 

stocksGrowing Market by Icon Island licensed under CC BY 3.0 is used to represent Check Method on Donate and Other Ways to Give

 

#####EOF##### Best practices for attribution - Creative Commons

Best practices for attribution

From Creative Commons
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You can use CC-licensed materials as long as you follow the license conditions. One condition of all CC licenses is attribution. Here are some good (and not so good) examples of attribution. Note: If you want to learn how to mark your own material with a CC license go here.

Examples of attribution

Here is a photo. Following it are some examples of how people might attribute it.

8256206923 c77e85319e n.jpg

This is an ideal attribution

"Creative Commons 10th Birthday Celebration San Francisco" by tvol is licensed under CC BY 2.0

Because:

Title? "Creative Commons 10th Birthday Celebration San Francisco"
Author? "tvol" - linked to his profile page
Source? "Creative Commons 10th Birthday Celebration San Francisco" - linked to original Flickr page
License? "CC BY 2.0" - linked to license deed

This is a pretty good attribution

Photo by tvol / CC BY

Because:

Title? Title is not noted (it should be) but at least the source is linked.
Author? "tvol"
Source? "Photo" - linked to original Flickr page
License? "CC BY" - linked to license deed

This is an incorrect attribution

Photo: Creative Commons

Because:

Title? Title is not noted.
Author? Creative Commons is not the author of this photo.
Source? No link to original photo.
License? There is no mention of the license, much less a link to the license. "Creative Commons" is an organization.

This is a good attribution for material you modified slightly

8256206923 c77e85319e n desaturated.jpg
"Creative Commons 10th Birthday Celebration San Francisco" by tvol, used under CC BY / Desaturated from original

Because:

Title, Author, Source, and License are all noted
Modification? "Desaturated from original"

This is a good attribution for material from which you created a derivative work

8256206923 c77e85319e n 90fied.jpg
This work, "90fied", is a derivative of "Creative Commons 10th Birthday Celebration San Francisco" by tvol, used under CC BY. "90fied" is licensed under CC BY by [Your name here].

Because:

Original Title, Author, Source, and License are all noted
Derivative? "This work, "90fied", is a derivative of..."
New author of the derivative work is also noted

Note: If you're at a point where you are licensing derivative works, go to Marking your work with a CC license.

This is a good attribution for material from multiple sources

Saylor marking example.jpg

Because:

Title? Specific works are named, eg. "Box-and-whisker Plots"
Author? Different authors noted for the different works.
Source? Original materials are linked for each work
License? The different licenses (Creative Commons Attribution for Collaborative Statistics and Creative Commons Attribution-Noncommercial-ShareAlike for the Khan Academy video) are spelled out and linked for each work
Lastly, it is clear which attribution belongs to which work.

You can visit the Saylor.org Introduction to Statistics course page to see how they marked it up directly.

Title, Author, Source, License

A good rule of thumb is to use the acronym TASL, which stands for Title, Author, Source, License.

Title - What is the name of the material?

If a title was provided for the material, include it. Sometimes a title is not provided; in that case, don't worry about it.

Author - Who owns the material?

Name the author or authors of the material in question. Sometimes, the licensor may want you to give credit to some other entity, like a company or pseudonym. In rare cases, the licensor may not want to be attributed at all. In all of these cases, just do what they request.

Source - Where can I find it?

Since you somehow accessed the material, you know where to find it. Provide the source of the material so others can, too. Since we live in the age of the Internet, this is usually a URL or hyperlink where the material resides.

License - How can I use it?

You are obviously using the material for free thanks to the CC license, so make note of it. Don't just say the material is Creative Commons, because that says nothing about how the material can actually be used. Remember that there are six different CC licenses; which one is the material under? Name and provide a link to it, eg. http://creativecommons.org/licenses/by/4.0/ for CC BY.
→ If the licensor included a license notice with more information, include that as well.

Lastly, is there anything else I should know before I use it?

When you accessed the material originally did it come with any copyright notices; a notice that refers to the disclaimer of warranties; or a notice of previous modifications? (That was a mouthful!) Because that kind of legal mumbo jumbo is actually pretty important to potential users of the material. So best practice is to just retain all of that stuff by copying and pasting such notices into your attribution. Don't make it anymore complicated than it is -- just pass on any info you think is important.
→ Regarding modifications: Don't forget to note if you modified the work yourself (example). If you are at the point where you are creating and licensing derivative works (example), see Marking your work with a CC license.

These best practices are based on actual CC license requirements. Noting the title is a requirement of all CC licenses version 3.0 or earlier, optional for 4.0. Noting the author, source, license, and retaining any extra notices is a requirement of all CC licenses. See Devil in the details.

Devil in the details

If you have any doubts or questions, you can read the complete attribution requirements which are spelled out in detail in the legal code of every CC license, eg. http://creativecommons.org/licenses/by/4.0/legalcode#s3a. This chart compares the detailed requirements across all versions of CC licenses.

Don't make it too complicated

The license tells you to be reasonable:

You may satisfy the conditions in (1) and (2) above in any reasonable manner based on the medium, means and context in which the Licensed Material is used. For example, it may be reasonable to satisfy some or all of the conditions by retaining a copyright notice, or by providing a URI or hyperlink associated with the Licensed Material, if the copyright notice or webpage includes some or all of the required information.

There is no one right way; just make sure your attribution is reasonable and suited to the medium you're working with. That being said, you still have to include attribution requirements somehow, even if it's just a link to an About page that has that info. (More on different mediums below.)

Attribution in specific media

As stated above, best practices for attribution apply as reasonable to the medium you're working with. For media such as offline materials, video, audio, and images, consider:

1. Publishing a web page with attribution information. For example, on a webpage featuring your audio recording, provide a credit list of material you used that adheres to best practices above. Doing so allows not only your material, but the materials you attribute, to be found by search engines and other web discovery tools. If possible within the medium, make the Author, Source, and License links the user can follow.
Example:
This video features the song "Desaprendere (Treatment)" by fourstones, available under a Creative Commons Attribution-Noncommercial license.
2. Mentioning the credits within the media itself. For example, crediting videos can be a simple list of the materials used with their associated licenses in a screen at the end of a video. For audio, it can be a verbal recitation of credits at the end of the recording.
Video example 1: "Science Commons" by Jesse Dylan - see attribution starting at 1:52
Video example 2: "Video Editing and Shot Techniques: Study of jump cuts, match cuts and cutaways " video by New Media Rights - see attribution starting at 3:21
Audio example: "Down and Out in the Magic Kingdom" by Cory Doctorow read aloud. Mastered by John Taylor Williams - listen to attribution starting at 17:08

If you want to get Technical

If you really want to go there, we have a document about marking materials so that they are machine-readable.

Also, several groups are exploring ways to make attribution easier and simultaneously machine-readable for the web. Here are some tools that have been developed:

  • Open Attribute - a browser plugin for Firefox and Chrome that grabs the CC license metadata on a web page and turns it into an attribution for you
  • Commons Machinery - a suite of plugins for Firefox and open office tools that enables copying and pasting images with the attribution info already attached


Other guides to attribution

  • How To Attribute CC Photos poster by foter
  • Attributing Creative Commons Material (pdf) - Creative Commons Australia's publication is full of examples with colorful imagery.
  • How to attribute works you reuse under a Creative Commons license by New Media Rights provides real world examples by different media type
  • Library Resources Fox Valley Technical College provides examples of suggested OER attribution and citations. They recommend the following TASL format: “Content Title” from Encompassing Container Title, Version, by Author © Copyright date [Alternate owner if different from Author] is licensed with License [URL of license description]. Access at DOI or permalink or URL. Additional Publisher notes or licensing requirements.
Retrieved from "https://wiki.creativecommons.org/index.php?title=Best_practices_for_attribution&oldid=116817"

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#####EOF##### Creative Commons — CC0 1.0 Universal
This page is available in the following languages: Languages
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Creative Commons License Deed

cc pd CC0 1.0 Universal (CC0 1.0)
Public Domain Dedication

Disclaimer

The Commons Deed is not a legal instrument. It is simply a handy reference for understanding the CC0 Legal Code, a human-readable expression of some of its key terms. Think of it as the user-friendly interface to the CC0 Legal Code beneath. This Deed itself has no legal value, and its contents do not appear in CC0.

Creative Commons is not a law firm and does not provide legal services. Distributing, displaying, or linking to this Commons Deed does not create an attorney-client relationship.

Creative Commons has not verified the copyright status of any work to which CC0 has been applied. CC makes no warranties about any work or its copyright status in any jurisdiction, and disclaims all liability for all uses of any work.

This is a human-readable summary of the Legal Code (read the full text). Disclaimer

No Copyright

  • The person who associated a work with this deed has dedicated the work to the public domain by waiving all of his or her rights to the work worldwide under copyright law, including all related and neighboring rights, to the extent allowed by law.

    You can copy, modify, distribute and perform the work, even for commercial purposes, all without asking permission. See Other Information below.

Other Information

  • In no way are the patent or trademark rights of any person affected by CC0, nor are the rights that other persons may have in the work or in how the work is used, such as publicity or privacy rights.
  • Unless expressly stated otherwise, the person who associated a work with this deed makes no warranties about the work, and disclaims liability for all uses of the work, to the fullest extent permitted by applicable law.
  • When using or citing the work, you should not imply endorsement by the author or the affirmer.
Other Rights

The use of a work free of known copyright restrictions may be otherwise regulated or limited. The work or its use may be subject to personal data protection laws, publicity, image, or privacy rights that allow a person to control how their voice, image or likeness is used, or other restrictions or limitations under applicable law.

Learn more.

Endorsement

In some jurisdictions, wrongfully implying that an author, publisher or anyone else endorses your use of a work may be unlawful.

Learn more.

Citation

Copy and paste the HTML provided into your webpage to easily cite this work.

Learn more

Who is the affirmer?

The affirmer is the person who surrendered rights to the work worldwide using CC0, to the extent allowable by law. It may be the original author of the work or another person who may have had some copyright or related or neighboring legal rights in the work.

#####EOF##### Dwie licencje wycofane z użycia — Creative Commons Polska

5 czerwca 2007
Dwie licencje wycofane z użycia

Creative Commons wycofało wczoraj, w poniedziałek 4-ego czerwca, z użycia dwie licencje: DevNations oraz Sampling. Jak informuje Lawrence Lessig, są ku temu powody zarówno pragmatyczne, jak i ideologiczne. Po pierwsze, obydwie licencje były mało popularne – każdą z nich wykorzystywało jedynie ok. promila utworów dostępnych na licencjach CC.

Poza tym licencja DevNations nie spełniała wymogów ruchu Open Access, z myślą o którym była w dużej mierze pomyślana. Licencja to bowiem uwalniała utwór, ale jedynie na terenie państw rozwijających się – podczas gdy zasadą otwartego dostępu jest pełna swoboda dostępu, niezależnie od miejsca położenia. Jak twierdzi Lessig, CC będzie rozważać dodanie do istniejących licencji opcji zapewnienia szerszego dostępu dla mieszkańców państw rozwijających się (przykładowo licencja Uznanie autorstwa – Użycie niekomercyjne, ale na terenie krajów rozwijających się wyłącznie Uznanie autorstwa).

W przypadku licencji Sampling, która umożliwiała jedynie niekomercyjne wykorzystanie fragmentów utworu (i jako taka była najbardziej restrykcyjną z trzech licencji typu Sampling), CC doszło do wniosku, że nie spełnia ona minimalnych wymogów otwartości – Lessig za taki wymóg uznał swobodę niekomercyjnego wykorzystania całości utworu.

Decyzja wycofania dwóch licencji to przykład na to, że tworząc pulę wolnych licencji CC czyni to w dialogu z twórcami. Była to bowiem reakcja zarówno na wyraźny brak zainteresowania tymi licencjami ze strony społeczności twórców, jak i na pojawiające się głosy krytyczne, podważające sens tych licencji na gruncie ideologicznym.

Utwory dotychczas objęte tymi licencjami są nadal dostępne na warunkach przez nie określonych. Wycofanie ich oznacza jedynie, że nie będzie można ich wybrać z pomocą mechanizmu wyboru licencji.

Obydwie licencje, jako mało popularne, nie były też zlokalizowane do polskich warunków.

Na stronie głównej CC można znaleźć Informacje o wszystkich wycofanych licencjach.

Zobacz też

#####EOF##### Creative Commons goes (even more) virtual - Creative Commons
Creative Commons > Blog > Weblog > Creative Commons goes (even more) virtual

Creative Commons goes (even more) virtual

Ryan Merkley

October 3, 2014

I’m writing to announce that Creative Commons is closing its office in Mountain View, CA.

For most people reading this, the news will hardly come as a surprise. We’ve always been a virtual organization. Although we have a group of staff in the Bay Area, we have full-time staff in six US States and two Canadian provinces, not to mention the regional coordinators and affiliates all over the world.

The photo above was taken a few weeks ago, at the September CC Salon event in San Francisco. There are a few people missing, but I still love it because it’s the closest thing we’ve had to a complete staff photo since I’ve been with Creative Commons. It’s also a reminder that we’re a diverse, global organization.

Being a distributed team lets us spend more time interacting with the people who use Creative Commons tools and share our mission. We’re embedded in communities of hackers, lawyers, artists, and social change activists, all communities that our mission relies upon.

See our Contact page for updated contact information. If you have any questions about the change, feel free to drop us a line.

Category:Weblog

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#####EOF##### Data FAQ - Creative Commons

Data FAQ

From Creative Commons
Jump to: navigation, search

== 创建 Data FAQ补充1.1--谢朝钦 18:19, 12 May 2014 (UTC)

==http://www.example.com 链接文字
Retrieved from "https://wiki.creativecommons.org/index.php?title=Data_FAQ&oldid=97721"

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#####EOF##### Made with Creative Commons - Creative Commons
Creative Commons > Use & remix > Made with Creative Commons

Made with Creative Commons

made_with_cc_cover

A guide to sharing your knowledge and creativity with the world, and sustaining your operation while you do.

by Paul Stacey and Sarah Hinchliff Pearson
Licensed CC BY-SA

 

 

 

 

Purchase a print copy from our publisher Ctrl-Alt-Delete.
Purchase a print copy from Amazon.

Download a free PDF of the book.
Download a free EPUB of the book.
Download a free MOBI of the book.
Download an editable version of the book (GDoc).

Special thanks to Mario Lurig and Eric Hellman for donating their time to create the .epub and .mobi versions of this book. Eric is also making a downloadable ebook version of Made With Creative Commons available on his Unglue.it web site here.

See how our community is using the book!

For press and other inquiries, please contact madewithcc@creativecommons.org.

 

#####EOF##### Frequently Asked Questions - Creative Commons
English | Français

Frequently Asked Questions

2019-04-02 14:07:11 UTC

These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information.

  • Other CC FAQs: CC0 Public Domain Dedication and Public Domain Mark.
  • “Licensor”, “rights holder”, “owner”, and “creator” may be used interchangeably to refer to the person or entity applying a CC license.
  • Information about the licenses is primarily made with reference to the 4.0 suite, but earlier license versions are mentioned where they differ.
  • Have a question that isn’t answered here? Contact info@creativecommons.org.

Creative Commons does not provide legal advice. This FAQ is for informational purposes and is not a substitute for legal advice. It may not cover important issues that affect you. You should consult with your own lawyer if you have questions.

About CC

What is Creative Commons and what do you do?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. Our legal tools help those who want to encourage reuse of their works by offering them for use under generous, standardized terms; those who want to make creative uses of works; and those who want to benefit from this symbiosis. Our vision is to help others realize the full potential of the internet. CC has affiliates all over the world who help ensure our licenses work internationally and who raise awareness of our work.

Although Creative Commons is best known for its licenses, our work extends beyond just providing copyright licenses. CC offers other legal and technical tools that also facilitate sharing and discovery of creative works, such as CC0, a public domain dedication for rights holders who wish to put their work into the public domain before the expiration of copyright, and the Public Domain Mark, a tool for marking a work that is in the worldwide public domain. Creative Commons licenses and tools were designed specifically to work with the web, which makes content that is offered under their terms easy to search for, discover, and use.

For more information about CC, our main website contains in-depth information about the organization, its staff and board of directors, its history, and its supporters. You can also read CC case studies to learn about some of the inspiring ways CC licenses and tools have been used to share works and support innovative business models. You can find regularly updated information about CC by visiting the blog.

Absolutely not. CC has responded to claims to the contrary. CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

That said, Creative Commons recognizes the need for change in copyright law, and many members of the Creative Commons community are active participants in the copyright reform movement. For more information, see our statement in support of copyright reform.

What does “Some Rights Reserved” mean?

Copyright grants to creators a bundle of exclusive rights over their creative works, which generally include, at a minimum, the right to reproduce, distribute, display, and make adaptations. The phrase “All Rights Reserved” is often used by owners to indicate that they reserve all of the rights granted to them under the law. When copyright expires, the work enters the public domain, and the rights holder can no longer stop others from engaging in those activities under copyright, with the exception of moral rights reserved to creators in some jurisdictions. Creative Commons licenses offer creators a spectrum of choices between retaining all rights and relinquishing all rights (public domain), an approach we call “Some Rights Reserved.”

No. Creative Commons is not a law firm and does not provide legal advice or legal services. CC is similar to a self-help service that offers free, form-based legal documents for others to use. These FAQ answers many of the most common questions. There is also specialized information available on the following pages:

While CC does provide this informational guidance about its licenses and other tools, this information may not apply to your particular situation, and should never be taken as legal advice.

If you’re looking for legal advice about using CC licenses and other tools, we recommend contacting the Creative Commons affiliate in your jurisdiction. CC affiliates are highly connected to the communities of copyright lawyers in their countries. We also offer a list of lawyers and organizations who have identified themselves as willing to provide information to others about CC licensing issues. However, please note that CC does not provide referral services, and does not endorse or recommend any person on that list.

Does Creative Commons collect or track material licensed under a CC license?

No, CC does not collect content or track licensed material. However, CC builds technical tools that help the public search for and use works licensed under our licenses and other legal tools, and many others have built such tools as well. CC Search is one tool developed by CC to help the public discover works offered under Creative Commons licenses on the internet via CC-aware search engines and repositories.

What do the Creative Commons buttons do?

The CC buttons are a shorthand way to convey the basic permissions associated with material offered under CC licenses. Creators and owners who apply CC licenses to their material can download and apply those buttons to communicate to users the permissions granted in advance. When the material is offered online, the buttons should usually link out to the human-readable license deeds (which, in turn, link to the license itself).

May I use the Creative Commons logo and buttons?

You may download high resolution versions of the Creative Commons logos and use them in connection with your work or your website, provided you comply with our policies. Among other things, if you use the logos on a website or on your work, you may not alter the logos in any respect—such as by changing the font, the proportions, or the colors. CC’s buttons, name, and corporate logo (the “CC” in a circle) are trademarks of Creative Commons. You cannot use them in ways not permitted by our policies unless you first receive express, written permission. This means, for example, that you cannot (without our permission) print your own buttons and t-shirts using CC logos, although you can purchase them in CC’s store.

I love Creative Commons. How can I help?

Please support CC by making a donation through our support page. Donations can be handled through PayPal or by credit card. You can also support CC by visiting our store.

CC always welcomes your feedback, which you can provide by emailing . You can also participate in CC’s email discussion lists and share feedback and ideas in one of those forums.

If you are a software developer, sysadmin, or have other technical expertise, please join our developer community and help build the tools that build the commons.

Finally, one of the best ways to support CC is by supporting our causes yourself. Follow our blog to find out about current issues where you can help get involved and spread the word, and advocate for free and open licensing in your own communities.

Why does Creative Commons run an annual fundraising campaign? What is the money used for and where does it go?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, with affiliates all over the world who help ensure our licenses work internationally and raise awareness about our work. Our tools are free, and our reach is wide.

In order to…

  • continue developing our licenses and public domain tools to make sure they are legally and technically up-to-date around the world,
  • help creators implement these tools on websites through best practices and individual assistance,
  • enable CC licensing on major content-sharing platforms,
  • enhance CC-licensed resource search and discovery,
  • advocate for CC licensing and open policies in education, science, and culture, and
  • myriad other activities we’re forgetting to mention, such as all the everyday boring but essential operations that go into running an organization

…we need $ to make it all happen! For more information, please take a look at our Annual Report.

Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. It is essential we have the public’s support because it is the creators and users of CC material who make our tools relevant in this digital age. They depend on the tools and services CC provides through their reuse and remix of the rich, open resources available on Wikipedia, Flickr, SoundCloud, Vimeo, Europeana, MIT OpenCourseWare, the Library of Science, Al Jazeera, and YouTube—just to name a few. Many of these people donate $10, $25, or $50 to CC, to help keep it up and running so we can continue to provide our tools and services for free, as a nonprofit organization. The more people who donate to CC, the more independent it will remain.

General License Information

What are Creative Commons licenses?

Creative Commons licenses provide an easy way to manage the copyright terms that attach automatically to all creative material under copyright. Our licenses allow that material to be shared and reused under terms that are flexible and legally sound. Creative Commons offers a core suite of six copyright licenses. Because there is no single “Creative Commons license,” it is important to identify which of the six licenses you are applying to your material, which of the six licenses has been applied to material that you intend to use, and in both cases the specific version.

All of our licenses require that users provide attribution (BY) to the creator when the material is used and shared. Some licensors choose the BY license, which requires attribution to the creator as the only condition to reuse of the material. The other five licenses combine BY with one or more of three additional license elements: NonCommercial (NC), which prohibits commercial use of the material; NoDerivatives (ND), which prohibits the sharing of adaptations of the material; and ShareAlike (SA), which requires adaptations of the material be released under the same license.

CC licenses may be applied to any type of work, including educational resources, music, photographs, databases, government and public sector information, and many other types of material. The only categories of works for which CC does not recommend its licenses are computer software and hardware. You should also not apply Creative Commons licenses to works that are no longer protected by copyright or are otherwise in the public domain. Instead, for those works in the worldwide public domain, we recommend that you mark them with the Public Domain Mark.

How do CC licenses operate?

CC licenses are operative only when applied to material in which a copyright exists, and even then only when a particular use would otherwise not be permitted by copyright. Note that the latest version of CC licenses also applies to rights similar to copyright, such as neighboring rights and sui generis database rights. Learn more about the scope of the licenses. This means that CC license terms and conditions are not triggered by uses permitted under any applicable exceptions and limitations to copyright, nor do license terms and conditions apply to elements of a licensed work that are in the public domain. This also means that CC licenses do not contractually impose restrictions on uses of a work where there is no underlying copyright. This feature (and others) distinguish CC licenses from some other open licenses like the ODbL and ODC-BY, both of which are intended to impose contractual conditions and restrictions on the reuse of databases in jurisdictions where there is no underlying copyright or sui generis database right.

All CC licenses are non-exclusive: creators and owners can enter into additional, different licensing arrangements for the same material at any time (often referred to as “dual-licensing” or “multi-licensing”). However, CC licenses are not revocable once granted unless there has been a breach, and even then the license is terminated only for the breaching licensee.

There are also videos and comics that offer visual descriptions of how CC licenses work.

Which is the latest version of the licenses offered by Creative Commons?

In November 2013, Creative Commons published the version 4.0 license suite. These licenses are the most up-to-date licenses offered by CC, and are recommended over all prior versions. You can see how the licenses have been improved over time on the license versions page. 4.0 has been drafted to be internationally valid, and will have official translations becoming available after publication.

No. By design, CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions. This is a fundamental principle of CC licensing.

Who gives permission to use material offered under Creative Commons licenses?

Our licenses and legal tools are intended for use by anyone who holds copyright in the material. This is often, but not always, the creator.

Creative Commons offers licenses and tools to the public free of charge and does not require that creators or other rights holders register with CC in order to apply a CC license to a work. This means that CC does not have special knowledge of who uses the licenses and for what purposes, nor does CC have a way to contact creators beyond means generally available to the public. CC has no authority to grant permission on behalf of those persons, nor does CC manage those rights on behalf of others.

If you would like to obtain additional permissions to use the work beyond those granted by the license that has been applied, or if you’re not sure if your intended use is permitted by the license, you should contact the rights holder.

Are Creative Commons licenses enforceable in a court of law?

Creative Commons licenses are drafted to be enforceable around the world, and have been enforced in court in various jurisdictions. To CC’s knowledge, the licenses have never been held unenforceable or invalid.

CC licenses contain a “severability” clause. This allows a court to eliminate any provision determined to be unenforceable, and enforce the remaining provisions of the license.

What happens if someone applies a Creative Commons license to my work without my knowledge or authorization?

CC alerts prospective licensors they need to have all necessary rights before applying a CC license to a work. If that is not the case and someone has marked your work with a CC license without your authorization, you should contact that person and tell them to remove the license from your work. You may also wish to contact a lawyer. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What are the international (“unported”) Creative Commons licenses, and why does CC offer “ported” licenses?

One of CC’s goals is ensuring that all of its legal tools work globally, so that anyone anywhere in the world can share their work on globally standard terms. To this end, CC offers a core suite of six international copyright licenses (formerly called the “unported”) that are drafted based largely on various international treaties governing copyright, taking into account as many jurisdiction-specific legal issues as possible. The latest version (4.0) has been drafted with particular attention to the needs of international enforceability.

For version 3.0 and earlier, Creative Commons has also offered ported versions of its six core licenses for many jurisdictions (which usually correspond to countries, but not always). These ported licenses are based on the international license suite but have been modified to reflect local nuances in the expression of legal terms and conditions, drafting protocols, and language. The ported licenses and the international licenses are all intended to be legally effective everywhere. CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

Can governments and intergovernmental organizations (“IGOs”) use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors’ overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the “machine readable” layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]”; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you’re uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC’s Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC’s legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC’s Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and running pilot programs that allow creators to use CC licenses in some circumstances.

If you are already a member of a collecting society and want to use CC licenses, you are welcome to encourage your collecting society to give you the option of Creative Commons licensing.

Can I still make money from a work I make available under a Creative Commons license?

Yes. One of our goals is to encourage creators and rights holders to experiment with new ways to promote and market their work. There are several possible ways of doing this.

CC’s NonCommercial (NC) licenses allow rights holders to maximize distribution while maintaining control of the commercialization of their works. If you want to reserve the right to commercialize your work, you may do this by choosing a license with the NC condition. If someone else wants to use your work commercially and you have applied an NC license to your work, they must first get your permission. As the rights holder, you may still sell your own work commercially.

You may also use funding models that do not depend on using an NC license. For example, many artists and creators use crowdfunding to fund their work before releasing it under a less restrictive license. Others use a “freemium” model where the basic content is free, but extras such as a physical printed version or special access to a members-only website are for paying customers only.

For more information and ideas, The Power of Open presents case studies of artists, businesspeople, and organizations who use CC.

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

No. CC licenses allow for flexibility in the way credit is provided depending on the medium, means, and context in which a licensee is redistributing licensed material. For example, providing attribution to the creator when using licensed material in a blog post may be different than doing so in a video remix. This flexibility facilitates compliance by licensees and reduces uncertainty about different types of reuse—minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded.

Can I change the license terms or conditions?

Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons” or “CC” license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials. Keep in mind that altering terms and conditions is distinct from waiving existing conditions or granting additional permissions than those in the licenses. Licensors may always do so, and many choose to do so using the CC+ protocol to readily signal the waiver or additional permission on the CC license deed.

CC does not assert copyright in the text of its licenses, so you are permitted to modify the text as long as you do not use the CC marks to describe it. However, we do not recommend this. We also advise against modifying our licenses through indirect means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other material. This would prevent licensees from using, combining, or remixing content under your customized license with other content under the same or compatible CC licenses.

Modifying licenses creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.

Can I waive license terms or conditions?

Yes. You may always choose to waive some license terms or conditions. Material licensed under a CC license but with additional permissions granted or conditions waived may be compatibly licensed with other material under the same license. Our CC+ protocol provides a mechanism for facilitating that grant or waiver.

Can I enter into separate or supplemental agreements with users of my work?

Yes. CC licenses are nonexclusive. Licensors always have the option of entering into separate arrangements for the sharing of their material in addition to applying a CC license. However, those different arrangements are not “CC” or “Creative Commons” licenses.

Separate agreements: You may offer the licensed material under other licenses in addition to the CC license (a practice commonly referred to as “dual licensing”). For example, you may wish to license a video game soundtrack under both a CC license and the GPL, so that it may be used under either set of terms. A reuser may then choose which set of terms to comply with. Or, for example, you may offer your material to the public under a NonCommercial license, but offer commercial permissions to fee-paying customers.

Supplemental agreements: Problems arise when licensors design those terms or arrangements to serve not as separate, alternative licensing arrangements but as supplemental terms having the effect of changing the standard terms within the CC license. While you may offer separate terms and conditions to other parties, you should not do so in such a way that would neutralize terms of the CC license.

Except in the limited situation where more permissions are being granted or license conditions are waived, if the additional arrangement modifies or conflicts with the CC license terms, then the resulting licensing arrangement is no longer a CC licensing arrangement. To avoid confusing those who may mistakenly believe the work is licensed under standard CC terms, we must insist that in these instances licensors not use our trademarks, names, and logos in connection with their custom licensing arrangement.

It should be noted that any agreements you make with other parties only have an effect on the other parties to that agreement, and do not apply to anyone else receiving the licensed material. For example, if there are terms of use that apply to visitors to your website on which you host CC-licensed material, your terms of use may apply to visitors to that website, but not to anyone who receives copies of the CC-licensed material elsewhere. Even for the visitors to your website, any separate terms and conditions do not become part of the license—they remain a separate contractual agreement, and violation of this agreement does not constitute copyright infringement.

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

A CC license terminates automatically when its conditions are violated. For example, if a reuser of CC-licensed material does not provide the attribution required when sharing the work, then the user no longer has the right to continue using the material and may be liable for copyright infringement. The license is terminated for the user who violated the license. However, all other users still have a valid license, so long as they are in compliance.

Under the 4.0 licenses, a licensee automatically gets these rights back if she fixes the violation within 30 days of discovering it.

If you apply a Creative Commons license and a user violates the license conditions, you may opt to contact the person directly to ask them to rectify the situation or consult a lawyer to act on your behalf. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

As long as users abide by license terms and conditions, licensors cannot control how the material is used. However, CC licenses do provide several mechanisms that allow licensors to choose not to be associated with their material or to uses of their material with which they disagree.

First, all CC licenses prohibit using the attribution requirement to suggest that the licensor endorses or supports a particular use. Second, licensors may waive the attribution requirement, choosing not to be identified as the licensor, if they wish. Third, if the licensor does not like how the material has been modified or used, CC licenses require that the licensee remove the attribution information upon request. (In 3.0 and earlier, this is only a requirement for adaptations and collections; in 4.0, this also applies to the unmodified work.) Finally, anyone modifying licensed material must indicate that the original has been modified. This ensures that changes made to the original material–whether or not the licensor approves of them–are not attributed back to the licensor.

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

The use of any effective technical protection measures (such as digital rights management or “DRM”) by licensees to prevent others from exercising the licensed rights is prohibited.

Not all kinds of encryption or access limitations are prohibited by the licenses. For example, sending content via email and encrypting it with the recipient’s public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a particular set of users (for example, by requiring a username and password to enter a site) does not restrict further use of the content by the recipients. In these examples, these things do not prevent the recipient from exercising all of the rights granted by the license, including the right to redistribute it further.

If someone is applying effective technological measures to your CC-licensed material that do restrict exercise of the licensed rights (such as applying DRM that restricts copying), this is a violation of the license terms unless you have chosen to grant this permission separately.

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

No. CC licenses grant permission to use the licensed material in any media or format regardless of the format in which it has been made available. This is true even if you have applied a NoDerivatives license to your work. Once a CC license is applied to a work in one format or medium, a licensee may use the same work in any other format or medium without violating the licensor’s copyright.

What if I change my mind about using a CC license?

CC licenses are not revocable. Once something has been published under a CC license, licensees may continue using it according to the license terms for the duration of applicable copyright and similar rights. As a licensor, you may stop distributing under the CC license at any time, but anyone who has access to a copy of the material may continue to redistribute it under the CC license terms. While you cannot revoke the license, CC licenses do provide a mechanism for licensors to ask that others using their material remove the attribution information. You should think carefully before choosing a Creative Commons license.

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

CC offers six core licenses, each of which grants a different set of permissions. Before you use CC-licensed material, you should review the terms of the particular license to be sure your anticipated use is permitted. If you wish to use the work in a manner that is not permitted by the license, you should contact the rights holder (often the creator) to get permission first, or look for an alternative work that is licensed in a way that permits your anticipated use. Note that if you use material in a way that is not permitted by the applicable license and your use is not otherwise permitted by an applicable copyright exception or limitation, the license is automatically terminated and you may be liable for copyright infringement, even if you are eligible to have your rights reinstated later.

Before using material offered under a Creative Commons license, you should know that CC licenses only grant permissions needed under copyright and similar rights, and there may be additional rights you need to use it as intended. You should also understand that licensors do not offer warranties or guarantees about the material they are licensing unless expressly indicated otherwise. All materials are licensed “AS IS” and a disclaimer of warranties applies unless expressly provided otherwise. If you want to ask for a warranty or guarantee about rights to use the material, you should talk with the licensor before using it.

Does a Creative Commons license give me all the rights I need to use the work?

It depends. CC licenses do not license rights other than copyright and similar rights (which include sui generis database rights in version 4.0). For example, they do not license trademark or patent rights, or the publicity, personality, and privacy rights of third parties. However, licensors agree to waive or not assert any moral rights, publicity rights, personality rights, or privacy rights they themselves hold, to the limited extent necessary to allow exercise of the licensed rights. Any rights outside of the scope of the license may require clearance (i.e., permission) in order to use the work as you would like.

Additionally, creative works sometimes incorporate works owned by others (known as “third party content”), often used pursuant to a CC license or under an exception or limitation to copyright such as fair use in the U.S. You should make sure you have permission to use any third party content contained in the work you want to use, or that your use is otherwise allowed under the laws of your jurisdiction, particularly in cases such as fair use where your right to use the content depends on the particular context in which you plan to use it.

All CC licenses contain a disclaimer of warranties, meaning that the licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work. You may wish to obtain legal advice before using CC-licensed material if you are not sure whether you have all the rights you need.

What if there are sui generis database rights that apply to my use of a CC-licensed database?

In the somewhat limited circumstances where sui generis database rights apply to your use, special conditions apply and there are more specific considerations you should be aware of. Under 4.0, sui generis database rights are licensed alongside copyright, but the treatment in earlier versions of the license varies. A fuller explanation of these variations and related considerations is available in the Data FAQ.

Where can I find material offered under a CC license?

If you are looking for material offered under a Creative Commons license, CC Search is a good starting point. There is also a directory of organizations and individuals who use CC licenses. Some media sites, such as Flickr, have search filters for material licensed using CC’s licenses.

Be sure to confirm that the material you want to use is actually under a CC license, as search results may sometimes be misleading.

Are Creative Commons works really free to use?

Yes. While many if not most CC-licensed works are available at no cost, some licensors charge for initial access to CC-licensed works—for example, by publishing CC-licensed content only to subscribers, or by charging for downloads. However, even if you have paid an access charge, once you have a copy of CC-licensed material, you may make any further uses permitted by the license without paying licensing fees.

(If you wish to make uses that are not permitted by the license—for example, making a commercial use of an NC-licensed photo—the licensor may charge for those additional rights.)

What should I know about differences between the international licenses and the ported licenses?

As a licensee, you should always read and understand the relevant license’s legal code before using CC-licensed material, particularly if you are using material that is licensed using a ported license with which you are unfamiliar. Our porting process involved adapting the international licenses to the legal framework of different jurisdictions, and in that process slight adjustments may have been made that you should make yourself aware of in advance of using the material. You can find more information about the ported licenses in the Jurisdiction Database.

There are currently no ported versions of 4.0, and we expect there will be few, if any, in the future. All official translations of the 4.0 international licenses are equivalent: you may substitute one for another depending on your preferred language.

However, the ported versions of 3.0 and earlier sometimes contain small differences from the international license depending on the ways in which they have been adapted to their jurisdictions. For example, a handful of the ported licenses contain provisions specifying which laws will apply in the event the licensor chooses to enforce the license, and a few of the ported licenses contain forum selection clauses.

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Contact the rights holders to ask for permission. Otherwise, unless an exception or limitation to copyright applies, your use of the material may violate the Creative Commons license. If you violate the terms of the license, your rights to use the material will be automatically terminated, and you may be liable for copyright infringement.

Do I always have to comply with the license terms? If not, what are the exceptions?

You need to comply with the license terms if what you are doing would otherwise require permission from the rights holder. If your use would not require permission from the rights holder because it falls under an exception or limitation, such as fair use, or because the material has come into the public domain, the license does not apply, and you do not need to comply with its terms and conditions. Additionally, if you are using an excerpt small enough to be uncopyrightable, the license does not apply to your use, and you do not need to comply with its terms.

However, if you are using excerpts of CC-licensed material which individually are minimal and do not require license compliance, but together make up a significant copyrightable chunk, you must comply with the license terms. For example, if you quote many individual lines from a poem across several sections of a blog post, and your use is not a fair use, you must comply with the license even though no individual line would have been a substantial enough portion of the work to require this.

Attribution

How do I properly attribute material offered under a Creative Commons license?

All CC licenses require users to attribute the creator of licensed material, unless the creator has waived that requirement, not supplied a name, or asked that her name be removed. Additionally, you must retain a copyright notice, a link to the license (or to the deed), a license notice, a notice about the disclaimer of warranties, and a URI if reasonable. For versions prior to 4.0, you must also provide the title of the work. (Though it is not a requirement in 4.0, it is still recommended if one is supplied.)

You must also indicate if you have modified the work—for example, if you have taken an excerpt, or cropped a photo. (For versions prior to 4.0, this is only required if you have created an adaptation by contributing your own creative material, but it is recommended even when not required.) It is not necessary to note trivial alterations, such as correcting a typo or changing a font size. Finally, you must retain an indication of previous modifications to the work.

CC licenses have a flexible attribution requirement, so there is not necessarily one correct way to provide attribution. The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner. Additionally, you may satisfy the attribution requirement by providing a link to a place where the attribution information may be found.

While the attribution requirements in the license are the minimum requirement, we always recommend that you follow the best practices for the kind of use you are making. For example, if you are using scientific data marked with CC0, you are not required to give attribution at all, but we recommend that you give the same credit you would give to any other source—not because the license requires it, but because that is the standard for letting others know the source of the data.

The CC website offers some best practices to help you attribute properly, and the CC Australia team has developed a helpful guide to attributing CC-licensed material (.pdf) in different formats. Note that the attribution and marking requirements vary slightly among license versions. See here for a chart comparing the specific requirements.

Do I need to be aware of anything else when providing attribution?

Yes. You need to be careful not to imply any sponsorship, endorsement, or connection with the licensor or attribution party without their permission. Wrongfully implying that a creator, publisher, or anyone else endorses you or your use of a work may be unlawful. Creative Commons makes the obligation not to imply endorsement explicit in its licenses. In addition, if the licensor of a work requests that you remove the identifying credit, you must do so to the extent practical.

Additionally, when you are using a work that is an adaptation of one or more pre-existing works, you may need to give credit to the creator(s) of the pre-existing work(s), in addition to giving credit to the creator of the adaptation.

Do I always have to attribute the creator of the licensed material?

You must attribute the creator when you provide material to the public by any means that is restricted by copyright or similar rights. If you are using the material personally but are not making it or any adaptations of it available to others, you do not have to attribute the licensor. Similarly, if you are only distributing the material or adaptations of it within your company or organization, you do not have to comply with the attribution requirement. Learn more about when compliance with the license is not required.

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such.

Can I take a CC-licensed work and use it in a different format?

Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.

This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work.

How do I know if a low-resolution photo and a high-resolution photo are the same work?

As with most copyright questions, it will depend on applicable law. Generally, to be different works under copyright law, there must be expressive or original choices made that make one work a separate and distinct work from another. The determination depends on the standards for copyright in the relevant jurisdiction.

Under U.S. copyright law, for example, mechanical reproduction of a work into a different format is unlikely to create a separate, new work. Consequently, digitally enhancing or changing the format of a work absent some originality, such as expressive choices made in the enhancement or encoding, will not likely create a separate work for copyright purposes. The creative bar is low, but it is not non-existent. Accordingly, in some jurisdictions releasing a photograph under a CC license will give the public permission to reuse the photograph in a different resolution.

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

The NoDerivs licenses (BY-ND and BY-NC-ND) prohibit reusers from creating adaptations. What constitutes an adaptation, otherwise known as a derivative work, varies slightly based on the law of the relevant jurisdiction.

Incorporating an unaltered excerpt from an ND-licensed work into a larger work only creates an adaptation if the larger work can be said to be built upon and derived from the work from which the excerpt was taken. Generally, no derivative work is made of the original from which the excerpt was taken when the excerpt is used to illuminate an idea or provide an example in another larger work. Instead, only the reproduction right of the original copyright holder is being exercised by person reusing the excerpt. All CC licenses grant the right to reproduce a CC-licensed work for noncommercial purposes (at a minimum). For example, a person could make copies of one chapter of an ND-licensed book and not be in violation of the license so long as other conditions of the license are met.

There are exceptions to that general rule, however, when the excerpts are combined with other material in a way that creates some new version of the original from which the excerpt is taken. For example, if a portion of a song was used as part of a new song, that may rise to the level of creating an adaptation of the original song, even though only a portion of it was used and even if that portion was used as-is.

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

No. When you receive material under a Creative Commons license, you may not place additional terms and conditions on the reuse of the work. This includes using effective technological measures (ETMs) that would restrict a licensee’s ability to exercise the licensed rights.

A technological measure is considered an ETM if circumventing it carries penalties under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements. Generally, this means that the anti-circumvention laws of various jurisdictions would cover attempts to break it.

For example, if you remix a CC-licensed song, and you wish to share it on a music site that places digital copy-restriction on all uploaded files, you may not do this without express permission from the licensor. However, if you upload that same file to your own site or any other site that does not apply DRM to the file, and a listener chooses to stream it through an app that applies DRM, you have not violated the license.

Note that merely converting material into a different format that is difficult to access or is only available for certain platforms does not violate the restriction; you may do this without violating the license terms.

Can I share CC-licensed material on password-protected sites?

Yes. This is not considered to be a prohibited measure, so long as the protection is merely limiting who may access the content, and does not restrict the authorized recipients from exercising the licensed rights. For example, you may post material under any CC license on a site restricted to members of a certain school, or to paying customers, but you may not place effective technological measures (including DRM) on the files that prevents them from sharing the material elsewhere.

(Note that charging for access may not be permitted with NC-licensed material; however, it is not disallowed by the restriction on ETMs.)

Can I share CC-licensed material on file-sharing networks?

Yes. All CC licenses allow redistribution of the unmodified material by any means, including distribution via file-sharing networks. Note that file-trading is expressly considered to be noncommercial for purposes of compliance with the NC licenses. Barter of NC-licensed material for other items of value is not permitted.

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

If you have received material under a CC license that is encumbered with effective technological measures (such as digital rights management or DRM), you may or may not be permitted to break it, depending on the circumstances. By releasing material under a CC license, the licensor agrees not to assert any rights she may have to prevent the circumvention of effective technological measures. (Under the 3.0 and earlier licenses, this is implied but not explicit.) However, if she has uploaded it to a site or other distribution channel that itself applies such measures, that site may have the right to prevent you from breaking them, even though the licensor herself cannot do so.

Note that anti-circumvention laws can impose criminal liability in some jurisdictions.

What if I have received CC-licensed material with additional restrictions?

It is possible that CC-licensed material will appear on platforms that impose terms in addition to the copyright license (though Creative Commons strongly discourages restrictions that interfere with exercise of the licensed rights). These additional terms do not form part of the license for the work. For example, if you download CC-licensed material from a site that does not permit downloading, you may be breaking the terms of use of the site, but you are not infringing the CC license. See our guide to Modifying the CC licenses for more guidance and information.

Combining and adapting CC material

When is my use considered an adaptation?

Whether a modification of licensed material is considered an adaptation for the purpose of CC licenses depends primarily on the applicable copyright law. Copyright law reserves to an original creator the right to create adaptations of the original work. CC licenses that allow for adaptations to be shared—all except BY-ND and BY-NC-ND—grant permission to others to create and redistribute adaptations when doing so would otherwise constitute a violation of applicable copyright law. Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable, such as a translation of a novel from one language to another, or the creation of a screenplay based on a novel.

Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation, whether or not it would be considered so under applicable law. Also, under version 4.0, certain uses of databases restricted by sui generis database rights also constitute adaptations (called “Adapted Material” in the 4.0 licenses), whether or not they would be considered adaptations under copyright law. For more details about adaptations in the database context, see the Data FAQ.

Note that all CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license.

Note on terminology: throughout these FAQs, we use the term “remix” interchangeably with “adapt.” Both are designed to mean doing something that constitutes an adaptation under copyright law.

Can I combine material under different Creative Commons licenses in my work?

It depends. The first question to ask is whether doing so constitutes an adaptation. If the combination does not create an adaptation, then you may combine any CC-licensed content so long as you provide attribution and comply with the NonCommercial restriction if it applies. If you want to combine material in a way that results in the creation of an adaptation (i.e. a “remix”), then you must pay attention to the particular license that applies to the content you want to combine.

The NoDerivatives licenses do not permit remixing except for private use (the pre-4.0 licenses do not permit remixing at all, except as allowed by exceptions and limitations to copyright). All the other CC licenses allow remixes, but may impose limitations or conditions on how the remix may be used. For example, if you create a remix with material licensed under a ShareAlike license, you need to make sure that all of the material contributed to the remix is licensed under the same license or one that CC has named as compatible, and you must properly credit all of the sources with the required attribution and license information. Similarly, if you want to use a remix for commercial purposes, you cannot incorporate material released under one of the NonCommercial licenses.

The chart below shows which CC-licensed material can be remixed. To use the chart, find a license on the left column and on the top right row. If there is a check mark in the box where that row and column intersect, then the works can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies. See below for details on how remixes may be licensed.

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If you make adaptations of material under a CC license (i.e. “remix”), the original CC license always applies to the material you are adapting even once adapted. The license you may choose for your own contribution (called your “adapter’s license”) depends on which license applies to the original material. Recipients of the adaptation must comply with both the CC license on the original and your adapter’s license.

  • BY and BY-NC material

When remixing BY or BY-NC material, it is generally recommended that your adapter’s license include at least the same license elements as the license applied to the original material. This eases reuse for downstream users because they are able to satisfy both licenses by complying with the adapter’s license. For example, if you adapt material licensed under BY-NC, your adapter’s license should also contain the NC restriction. See the chart below for more details.

  • BY-SA and BY-NC-SA material

In general, when remixing ShareAlike content, your adapter’s license must be the same license as the license on the material you are adapting. All licenses after version 1.0 also allow you to license your contributions under a later version of the same license, and some also allow ported licenses. (See the license versions page for details.) If you wish to adapt material under BY-SA or BY-NC-SA and release your contributions under a non-CC license, you should visit the Compatibility page to see which options are allowed.

  • BY-ND and BY-NC-ND material

The BY-ND and BY-NC-ND licenses do not permit distribution of adaptations (also known as remixes or derivative works), and prohibits the creation of adaptations under the pre-4.0 versions of those licenses. Since you may not share remixes of these materials at all, there is no compatibility with other licenses. (Note that the ND licenses do allow you to reproduce the material in unmodified form together with other material in a collection, as indicated in the next FAQ.)

  • Adapter’s license chart

The chart below details the CC license(s) you may use as your adapter’s license. When creating an adaptation of material under the license identified in the lefthand column, you may license your contributions to the adaptation under one of the licenses indicated on the top row if the corresponding box is green. CC does not recommend using a license if the corresponding box is yellow, although doing so is technically permitted by the terms of the license. If you do, you should take additional care to mark the adaptation as involving multiple copyrights under different terms so that downstream users are aware of their obligations to comply with the licenses from all rights holders. Dark gray boxes indicate those licenses that you may not use as your adapter’s license.

Adapter’s license chart Adapter’s license
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work PD              
BY              
BY-NC              
BY-NC-ND              
BY-NC-SA              
BY-ND              
BY-SA              
Abbreviation Key

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

All Creative Commons licenses (including the version 4.0 licenses) allow licensed material to be included in collections such as anthologies, encyclopedias, and broadcasts. You may choose a license for the collection, however this does not change the license applicable to the original material.

When you include CC-licensed content in a collection, you still must adhere to the license conditions governing your use of the material incorporated. For example, material under any of the Creative Commons NonCommercial licenses cannot be used commercially. The table below indicates what type of CC-licensed works you may incorporate into collections licensed for commercial and noncommercial uses.

Original Work Commercial Collection (BY, BY-SA, BY-ND) NonCommercial Collection (BY-NC, BY-NC-SA, BY-NC-ND)
PD    
BY    
BY-NC    
BY-NC-ND    
BY-NC-SA    
BY-ND    
BY-SA    

License termination

When do Creative Commons licenses expire?

Creative Commons licenses expire when the underlying copyright and similar rights expire.

Note that the relevant rights may expire at different times. For example, you may have a CC-licensed song where the rights in the musical arrangement expire before the rights in the lyrics. In this case, when the copyright in the music expires, you may use it without being required to comply with the conditions of the CC license; however, you must still comply with the license if you use the lyrics.

What happens if the author decides to revoke the CC license to material I am using?

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms. Of course, you may choose to respect the licensor’s wishes and stop using the work.

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

All of the CC licenses terminate if you fail to follow the license conditions. If this happens, you no longer have a license to use the material.

In the 4.0 licenses, your rights under the license are automatically reinstated if you correct this failure within 30 days of discovering the violation (either on your own or because the licensor or someone else has told you). Under the 3.0 and earlier licenses, there is no automatic reinstatement.

If you have lost your rights under a CC license and are not entitled to automatic reinstatement, you may regain your rights under the license if the licensor expressly grants you permission. You cannot simply re-download the material to get a new license.

Note that you may still be liable for damages for copyright infringement for the period where you were not in compliance with the license.

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

The Creative Commons licenses have three layers, as does the CC0 public domain dedication: the human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The Public Domain Mark is not legally operative, and so has only two layers: the human-readable mark and machine-readable metadata.

When material is licensed using any of the CC licenses or tools, it is highly recommended that a CC button, text, or other marker somehow accompany it. There are many possible modes for marking. For our licenses, people generally use the CC license chooser to generate HTML code that can be pasted into the webpage where the licensed material is published. CC0 and the Public Domain Mark have a separate chooser. Many platforms and web services such as Flickr and Drupal support CC licensing directly, allowing you to select an appropriate license. The service then properly marks the work for you.

CC has published some best practices for marking your CC-licensed material, and recommends:

  • Including a visual indicator (some combination of text and images) that the work is licensed with one of the CC licenses.
  • Clearly indicating what material is covered under the CC license, especially if it’s presented alongside non-licensed materials.
  • Including a link to the human-readable deed (which itself contains a link to the legal code).
  • Embedding machine-readable metadata in the code of the license indicator or code of the licensed page.

See the marking page for more details.

What does it mean that Creative Commons licenses are “machine-readable”?

Creative Commons has specified CC REL as a way to associate machine-readable licensing metadata with objects offered under CC licenses.

Before Creative Commons developed this vocabulary, it was difficult for a machine to ascertain whether an object was marked with a CC license. There was also no standard, predictable place to house metadata about that license (for example, the source URL of the work or the required mode of attribution).

Machine-readable metadata based on well-accepted metadata standards creates a platform upon which new services and applications can be built. Software and services can detect CC licenses and the details of that license, as described by the metadata. For example, on many websites and search engines such as Google and Flickr, you can run filtered searches for works offered under specific CC licenses. In addition, CC license deeds can automatically create copy-and-paste attribution code so users may easily comply with the BY condition of the licenses. When you click on a CC license or button from a page with license metadata, you get copy-and-paste attribution HTML within that license deed page. That HTML is based on available RDFa metadata in the original material.

All HTML provided by the CC license chooser is automatically annotated with metadata in RDFa format.

What is RDFa?

RDFa is a method for embedding structured data in a web page. For more information about RDFa, see the following resources:

What is CC REL and why does Creative Commons recommend it?

Creative Commons Rights Expression Language (CC REL) renders information about licenses and works machine-readable through standards that define the semantic web. Creative Commons wants to make it easy for creators and scientists to build upon the works of others when they choose; licensing your work for reuse and finding properly licensed works to reuse should be easy. CC recommends that you mark your licensed works with CC REL. The Creative Commons license chooser provides HTML annotated with CC REL, while the Creative Commons deeds recognize CC REL on web pages with works offered under a CC license, and use this metadata to enhance the deed for properly marked-up works, e.g., by providing copy and paste HTML that includes work attribution.

For more background information on CC REL, please refer to this paper.

What does it mean for a search engine to be CC-enabled?

Some search engines (like Google) allow people to filter their search results by usage rights so that you can limit your search results according to the particular CC license you seek. For example, if you are looking for a photo to adapt, you can filter your search to return photos that have a CC license that permits creation of adaptations. You can generally find this search feature on the advanced search page of your selected search engine. You can also use CC Search, which offers a convenient interface to search and a list of those content providers that support searches for content based on usage rights.

Please note, however, that you should always double check to make sure that the work you locate through a search is licensed as you wish.

How do I give users of my site the option to use CC licensing like Flickr does?

Creative Commons provides tools for integrating license selection with your site. You can find an overview at the Web Integration article on the CC wiki. The Partner Interface is a good way to get started and will always have the most up-to-date license versions and translations. However, there is also an API available if you want more control.

How can I change or remove the Creative Commons search option built into the Firefox browser?

Mozilla has included the Creative Commons search function in many versions of Firefox along with search options for Google, Amazon, and other popular sites. Please take a look at the Firefox article on the CC wiki for an explanation of how to change these features.

If you want to add or remove a particular search option, click on the logo in the search box (for example, the CC logo or the Google logo). This will open the pull down menu, which will allow you to select different search providers. If you choose “Manage Search Engines,” you will be able to add or remove search engines. You can also alter the order in which the search providers appear on the pull down menu.

Is Creative Commons involved in digital rights management (DRM)?

No. CC licenses are a form of rights expression, not rights management. CC provides tools to make it easier for creators and owners to say which rights they reserve and permissions they grant. This is different from digital rights management (or “DRM”), which uses technological protection measures to prevent people from using the work in a way that the owner has not permitted.

CC licenses contain language prohibiting licensees from the use of effective technological measures (including DRM) to prevent access to licensed material: ”You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any such recipient.”

While licensors may apply effective technological measures (ETMs) to their own materials, the licensor provides a limited permission to circumvent these measures: “The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures.” Note that this only applies to effective technological measures applied by licensors themselves: third parties such as distribution platforms may still apply ETMs if the licensor uploads there, and the license is not able to grant you permission to circumvent it.

Copyright law grants exclusive rights to creators of original works of authorship. National laws usually extend protections to such works automatically once fixed in a tangible medium, prohibiting the making of copies without the rights holder’s permission, among other things. On the internet, even the most basic activities involve making copies of copyrighted content. As content is increasingly uploaded, downloaded, and shared online, copyright law is becoming more relevant to more people than it was 20 years ago. Unfortunately, infringing copyrights—even unintentionally or unknowingly—can lead to liability. Successful navigation of the internet requires some understanding of copyright law.

What is the public domain?

The public domain of copyright refers to the aggregate of those works that are not restricted by copyright within a given jurisdiction. A work may be part of the public domain because the applicable term of copyright has expired, because the rights holder surrendered copyright in the work with a tool like CC0, or because the work did not meet the applicable standards for copyrightability.

Because the public domain depends on the copyright laws in force within a particular territory, sometimes a work may be considered “in the public domain” of one jurisdiction, but not in another. For example, U.S. government works are automatically in the public domain under U.S. copyright law, but might be restricted by copyright in other countries.

The Public Domain Manifesto, the University Libraries page, and the CC0 FAQs all contain additional information about the public domain.

Copyright in most jurisdictions attaches automatically without need for any formality once a creative work is fixed in tangible form (i.e. the minute you put pen to paper, take a photo, or hit the “save” button on your computer).

In some jurisdictions, creators may be required to register with a national agency in order to enforce copyright in court. If you would like more information, please consult the Berne Convention or your jurisdiction’s copyright law.

Although you do not have to apply a copyright notice for your work to be protected, it may be a useful tool to clearly signal to people that the work is yours. It also tells the public who to contact about the work.

What is an adaptation?

An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.

In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter’s personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil’s copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction’s copyright law for more information.

What are moral rights?

Copyright laws in many jurisdictions around the world grant creators “moral rights” in addition to the economic or commercial right to exploit their creative works. Moral rights protect the personal and reputational value of a work for its creator. Moral rights differ by country, and can include the right of attribution, the right to have a work published anonymously or pseudonymously, and/or the right to the integrity of the work. The moral right of integrity may provide creators with a source for redress if an adaptation represents derogatory treatment of their work, typically defined as “distortion or mutilation” of the work or treatment that is “prejudicial to the honor, or reputation of the author.” Not all jurisdictions provide for moral rights.

The CC licenses are intended to minimize the effect of moral rights on a licensee’s ability to use licensed material; however, in some jurisdictions, these rights may still have an effect. CC offers some additional information on how CC licenses may affect your moral rights.

What are neighboring rights?

Copyright provides an incentive to create works by providing exclusive rights to creators. However, the distribution or exploitation of a work often involves more than just the creator. For example, if someone writes a song, someone else may perform the song, and another may produce the recording of the song. Some jurisdictions extend copyright to the contributions made by these persons; other jurisdictions extend such exclusive rights in the form of neighboring rights. Neighboring rights may include performers’ rights or broadcasters’ rights, among others. The Rome Convention sets forth some guidelines on the scope of neighboring rights. Not all jurisdictions recognize neighboring rights.

What are sui generis database rights?

Sui generis database rights grant qualifying database makers the right to prohibit the extraction and reuse of a substantial portion of a database. The rights are granted to database makers that make a substantial investment of time and resources to create the database. Sui generis database rights are primarily enacted within the European Union and a handful of other jurisdictions.

What are collecting societies?

Collecting societies are copyright management organizations. Some examples of collecting societies include ASCAP and BMI (United States), BUMA/STEMRA (Netherlands), PRS (United Kingdom), and APRA (Australia). These societies license works on behalf of their owners and process royalty payments from parties using the copyrighted works.

CC offers additional information on how collecting societies might affect your rights and your ability to apply CC licenses to your work. CC has several pilots underway with collecting societies that have chosen to allow their members to use CC licenses on a limited basis.

What are publicity, personality, and privacy rights?

These terms are used differently in different jurisdictions. Generally speaking, these rights allow individuals to control the use of their voice, image, likeness, or other identifiable aspect of their identity, especially for purposes of commercial exploitation. Similarly, in some jurisdictions these rights allow people to restrict others’ ability to publish information about them without their permission. Whether and to what extent these rights exist, and if so, how they are labeled, varies depending on the jurisdiction.

Creative Commons licenses have a limited effect on these rights where the licensor holds them. Where the licensor has publicity, personality, or privacy rights that may affect your ability to use the material as the license intends, the licensor agrees to waive or not assert those rights. However, any such rights not held by the licensor are not affected and may still affect your desired use of a licensed work. If you have created a work or wish to use a work that might in some way implicate these rights, you may need to obtain permission from the individuals whose rights may be affected.

Data

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

: Uses of CC Licenses with Data and Databases : Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker’s investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [marking page]https://wiki.creativecommons.org/wiki/Marking_your_work_with_a_CC_license “wikilink”) for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights–but not copyright–are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.1 These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker’s substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Artificial intelligence and CC licenses

What are the limits on how CC-licensed works can be used in the development of new technologies, such as training of artificial intelligence software?

The licenses grant permission for reuse in any situation that requires permission under copyright. There are many ways in which CC-licensed work works and even all rights reserved works can be reused without permission. This includes uses that are fair uses, for example.

If someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected. This is one of the enduring qualities of our licenses — they have been carefully designed to work with all new technologies where copyright comes into play. No special or explicit permission regarding new technologies from a copyright perspective is required.

But what about privacy laws, rules governing ethical research, and data protection laws?

CC’s copyright licenses are not universal policy tools. Copyright is the primary obstacle to reuse that our licenses solve, but there are many other issues related to the reuse of content that our licenses do not address and that reusers should be aware of. These can include privacy and rules governing ethical research and the collection or use of data, which have to be addressed and respected separate and apart from the copyright issues that CC licenses cover.

What attribution obligations exist when CC-licensed images are included in a published dataset? Is linking to the original image or URI required, and if so, is it adequate?

It depends. First, keep in mind that CC licenses never limit uses that copyright doesn’t control. For example, as a general matter text and data mining in the United States is considered a fair use and does not require permission under copyright. This means that reusers engaged in text and data mining do not have to adhere to the marking and attribution requirements in our licenses for that activity even though we strongly recommend they do so anyway. A second example is linking. In some countries, linking to copyrighted content doesn’t require permission under copyright law, which means the CC license obligations do not come into play even though the linked content is CC-licensed.

Where a CC-licensed work is distributed as part of a database or dataset, and assuming copyright (or in the European Union, copyright or sui generis database rights) is triggered, then the license conditions must be respected. This means providing the required attribution information in a way that is reasonable under the circumstances. Our licenses allow for some flexibility, and in some cases that may be as simple as providing a link to the website where the relevant attribution information is provided. Visit our marking practices page for more information.

If a for-profit company uses CC-licensed content under a Non Commercial license and releases the work under terms that allow only research purposes, is the NC restriction violated?

This depends on whether any of the uses made of the works by the company, whether for profit or non profit, are primarily intended for commercial advantage or monetary compensation. This is hard to know without having all of the facts about how a work was used, whether internally by the company for its own purposes or how the work was distributed for further use. Visit our NC page for more information about what constitutes commercial and non commercial uses of works.

If NC-licensed content is redistributed to the public under an NC license, that distribution would not violate the NC clause. (Note that CC strongly discourages the use of any license terms other than a CC NC license for redistributions of NC-licensed content.)

If CC SA-licensed content is included in a database, does the entire database have to be licensed under an SA license?

CC licenses never require a reuser of a CC-licensed work to make the original work or resulting works (collections, derivatives, etc.) publicly available. There are lots of private reuses of works that are permitted by CC’s licenses that do not require compliance with their terms. Regarding ShareAlike, the condition only applies if a work is modified and if the work is shared publicly. In the situation where a reuser created a dataset of photos and made it publicly available, and assuming copyright permission is required, then what is released is likely a collection or compilation of pre-existing works. CC licenses do not require the collection or the compilation itself to be made available under an SA license, even though each individual work is still licensed individually under an SA license and if they were modified by the distributor the modified photo would need to be licensed under the same terms. For example, were Creative Commons to compile photographs from a photo sharing website under a BY-SA 2.0 license and create a database that it then publicly distributed, CC could license the collection as a whole under a BY license, but the photographs would continue to be licensed under BY-SA 2.0.

What, if any, remedies, do users have if they dislike how their photos or images have been reused?

Several remedies are potentially available. Some may be available if the CC license terms have been violated, and others may be available through other, separate avenues because they involve other laws or regulations that the CC licenses do not cover. It’s important to remember, however, that absent a violation of the license the permissions granted under the license remain in place and cannot be revoked.

  • Under the CC licenses, even if a license condition has not been violated licensors can ask that attribution to them be removed so they can distance themselves from the reuse.
  • For violations of a CC license term where the license was required (not a fair use, etc.) then you may have a claim for copyright infringement. Fortunately, in the CC community most license violations are handled amicably without resorting to the courts.
  • For claims involving laws and regulations other than copyright, recourse may be available depending on your local laws.

An important starting point for any would-be sharer of content under a CC license is to educate yourself in advance about how they work and what rights they do and do not cover. We have many FAQs on our website. We also provide human-readable deeds with links to the full text of our licenses. Additionally, all of our licenses highlight at the beginning many considerations that licensors should have in mind before they license, and considerations for reusers of works before they do so in order to avoid inadvertent violations.

Notes

  1. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).↩

#####EOF##### Defining Noncommercial report published - Creative Commons
Creative Commons > Blog > Education / OER > Defining Noncommercial report published

Defining Noncommercial report published

September 14, 2009


Almost one year ago we launched a study of how people understand “noncommercial use.” The study, generously supported by The Andrew W. Mellon Foundation, included in-depth interviews and two waves of in-person and online focus groups and online questionnaires. The last included a random sample of U.S. (geographic restriction mandated by resource constraints) internet users and in an extended form, open questionnaires promoted via this blog (called “CC Friends & Family” in the report).

Today, we’re publishing the Defining Noncommercial study report and raw data, released under a CC Attribution license and CC0 public domain waiver respectively — yes, this report on “noncommercial” may unambiguously be used for commercial purposes. Also see today’s press release.

The study was conducted by Netpop Research under advisement from academics and a working group consisting of several CC jurisdiction project members as well as CC staff and board members.

Study findings

Creative Commons noncommercial licenses include a definition of commercial use, which precludes use of rights granted for commercial purposes:

… in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation.

The majority of respondents (87% of creators, 85% of users) replied that the definition was “essentially the same as” (43% of creators, 42% of users) or “different from but still compatible with” (44% of creators, 43% of users) theirs. Only 7% of creators and 11% of users replied that the term was “different from and incompatible with” their definition; 6% or creators and 4% of users replied “don’t know/not sure.” 74% and 77% of creators and users respectively think others share their definition and only 13% of creators and 11% of users wanted to change their definition after completing the questionnaire.

On a scale of 1-100 where 1 is “definitely noncommercial” and 100 is “definitely commercial” creators and users (84.6 and 82.6, respectively) both rate uses in connection with online advertising generally as “commercial.” However, more specific use cases revealed that many interpretations are fact-specific. For example, creators and users gave the specific use case “not-for-profit organization uses work on its site, organization makes enough money from ads to cover hosting costs” ratings of 59.2 and 71.7, respectively.

On the same scale, creators and users (89.4 and 91.7, respectively) both rate uses in which money is made as being commercial, yet again those ratings are lower in use cases specifying cost recovery or use by not-for-profits. Finally, both groups rate “personal or private” use as noncommercial, though creators did so less strongly than users (24.3 and 16.0, respectively, on the same scale).

In open access polls, CC’s global network of “friends and family” rate some uses differently from the U.S. online population—although direct empirical comparisons may not be drawn from these data. For example, creators and users in these polls rate uses by not-for-profit organizations with advertisements as a means of cost recovery at 35.7 and 40.3, respectively — somewhat more noncommercial. They also rate “personal or private” use as strongly noncommercial—8.2 and 7.8, respectively — again on a scale of 1-100 where 1 is “definitely noncommercial” and 100 is “definitely commercial.”

See much more in the study report and draw your own conclusions from the data.

The below is drawn from the Section 4 of the report, titled “Next” — we urge you to read that section for more, including ideas for future research.

Import for Creative Commons noncommercial licenses

In the next years, possibly as soon as 2010, we expect to formally kick off a multi-year, international process for producing the next version (4.0) of the six main Creative Commons licenses.

This process will include examination of whether the NC term should be usefully modified as a part of that effort, or if the better approach might be to adopt a “best practices” approach of articulating the commercial/noncommercial distinction for certain creator or user communities apart from the licenses themselves. Whichever the result, this study has highlighted that in order to meet the expectations of licensors using CC NC licenses it will be important to avoid any modification of the term, however manifested, that makes a use widely agreed to be commercial — or only agreed to be noncommercial with low consensus — explicitly noncommercial. There is an analogue in our statement of intent for CC Attribution-ShareAlike, which provides assurances that we will not break the expectations of licensors whose intent is to release works under copyleft terms.

While the costs of license proliferation are already widely appreciated and resisted by many, the study weighs against any lingering temptation to offer multiple flavors of NC licenses due to strong agreement on the commerciality of certain use cases that, in the past, may have been considered by some to be good candidates for splitting off into specialized versions of the NC term, such as online advertising. For even in those cases where strong agreement may appear to exist upon initial inquiry, such as with online advertising, nuances and sometimes strong differences of opinion are immediately revealed when more specific use cases are tested and facts presented — such as those involving cost recovery or support of nonprofit organizations.

The study results also advise against any concerted effort by CC to attempt appeasing all license users, all the time — study participants are divided over the value of more or fewer specific “use cases” to delineate the commercial/noncommercial divide, some see the lack of specific uses as a strength and others as a weakness, and many others still disagree with the notion that a single definition of noncommercial use could be workable. Thus is the challenge, and opportunity, of public license stewards.

Aside from decisions about the NC licenses themselves, we will be looking back to the study as we update explanations of noncommercial licensing on our license deeds, license chooser, and other materials. Your ideas and feedback are most welcome (see below).

Creative Commons recommendations on using noncommercial licenses

Overall, our NC licenses appear to be working rather well — they are our most popular licenses and we are not aware of a large number of disputes between licensors and licensees over the meaning of the term. The study hints at some of the potential reasons for this state of affairs, including that users are in some cases more conservative in their interpretation of what is noncommercial than are creators and that in some cases creators who earn more money from their work (i.e., have more reason to dispute questionable uses) are more liberal in their interpretation of what is noncommercial than are those who earn less.

While it would take a more focused and exhaustive study to conclude that these seemingly fortunate attitudinal differences are correct, strong, and global, they do hint at rules of thumb for licensors releasing works under NC licenses and licensees using works released under NC licenses — licensors should expect some uses of their works that would not meet the most stringently conservative definition of noncommercial, and licensees who are uncertain of whether their use is noncommercial should find a work to use that does unambiguously allow commercial use (e.g., licensed under CC BY, CC BY-SA, or in the public domain) or ask the licensor for specific permission (interestingly about half of respondents to the “CC Friends & Family” questionnaire who had released works under a NC license indicated that they had been contacted for specific permission). Note that this rule of thumb has an analogue in network protocol design and implementation known as the robustness principle or Postel’s Law: “Be conservative in what you do; be liberal in what you accept from others.”

One way to think about Creative Commons generally is of providing tools to prevent the failed sharing that results from relying on copyrights’ defaulting to “all rights reserved” — uses that you would allow but that will not occur because you haven’t authorized them (maybe haven’t even thought of them) and the costs of finding you and getting authorization are too high for the intended use (or maybe you’re dead and even scholarly use of your works is suppressed by your estate). This sounds dry, but think about the anti-network effects of failed sharing at the level of a society, and the costs are large indeed. Some have realized that too much use of NC licensing suppresses uses that a licensor who wants to share may wish to allow, at a cost to NC licensors and licensees and a greater cost to communities and the broader free culture movement — failed sharing, though at a much smaller scale than the failed sharing engendered by default copyright. The Definition of Free Cultural Works website includes an article summarizing reasons to avoid NC licenses (and use a free license such as CC BY or CC BY-SA). If you’re concerned about the costs of NC licensing to yourself, the free culture movement, or society at large, review the arguments and consider “dropping -NC” from your license.

The potential negative impact and corresponding lack of use of noncommercial licensing differs across fields. For example, noncommercial licenses do not exist at all in the free and open source software world (note that CC recommends using a free and open source software license for software). Science and education are two large fields in which we believe that liberal licensing or the public domain are most appropriate. Unsurprisingly Wikipedia, with strong relationships with the free software, open access (scientific publishing), and open education movements, mandates liberal licensing, and many other massively collaborative projects are following.

However, compelling use cases for NC licensing remain — most obviously when an existing significant revenue stream from a work would be compromised by release under liberal terms. Giving your audience legal certainty that they won’t be prosecuted for doing what comes naturally from using digital networks — copying and remixing for no commercial gain or monetary exchange — while exploring the sharing economy and still protecting existing business — these are great reasons to start or continue releasing works under a NC license. It is little surprise that major music and book publishers’ use of CC licensing thus far has almost exclusively been of the NC variety.

How to participate in the discussion

There are a variety of ways you can participate in discussion of this study, the future of CC NC licenses and accompanying material, and future research on this and other topics related to voluntary sharing:

Thanks to everyone who has contributed in any way to this work!

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43 thoughts on “Defining Noncommercial report published”

  1. I still have a problem understanding where CC falls under the YouTube/Vimeo case though.

    For example, can a CC-BY-NC song be used with a CC-BY-NC video by another artist and uploaded on a site like YouTube and Vimeo? Even if the video artist doesn’t make any money out of his video, Youtube/Vimeo might make money because of their ads (although, according to news reports so far, the ad money barely cover bandwidth needs since not even Youtube is actually financially successful).

    So what do we do with that case? Is uploading to Youtube/Vimeo considered commercial usage when the video that uses a random CC-BY-NC track is non-commercial?

    See, I took part in your survey, added my 2 cents about the topic, but I still don’t have an answer to this. Reading the above article made me more confused too.

  2. Good to hear that the NC report has finally been published. Personally, I find the ambiguity of the NC terms a bit of a hassle, so I prefer to use CC-BY-SA for my creative works. I’m come to the conclusion that I am ok with others potentially making money off of my CC-licensed works as long as the downstream derivative works remain freely available under copyleft terms.

  3. Let me preface by saying I am not a lawyer. My impression, however, is that by having an ambiguous definition of “non-commercial” that it will take the teeth out of any potential legal action. I would therefore prefer a strong, strict definition to one that is more open to interpretation.

    If, for instance, NC permits recuperation of costs (i.e. “you just pay for the CD media”), a quandary exists similar to the example of YouTube earlier in the discussion. Let’s say I order a shirt from CafePress with a NC cartoon printed on it then sell it “at cost”, CafePress makes a profit. But if I run a T-shirt shop and print the same cartoon and sell it “at cost” for the same as what I’d charge someone else for me to make it, I turn a profit. I can see this nuance as being a nightmare to discern (i.e. is it okay if the T-shirt shop you bought it from is your second cousin’s wife? or what if your brother works for CafePress?).

    Because the CC license is non-exclusive, one can always license individually or separately for these kinds of “small run” cases. But if the NC license has no teeth in court, it is essentially worthless.

  5. @Eugenia

    From my point of view it is the remixer that is the user of the work that they host the result on a site that happens to have ads as the price for hosting isn’t important.

    Now I really don’t like News International, I mean I really do not like News International, and one of the reasons I use NC is so that companies like that don’t get to use my stuff, but I’m not going to penalize some kid for using an NC work on their MySpace page.

  6. Eugenia,

    The above has an answer: do things you’re not confused about. For example, post the video to a site without ads, say archive.org, or find content to incorporate in your video under a non-NC license, or ask the licensor.

  7. are commercial purposes always profit-making?
    perhaps an additional layer would be about for non-profit purposes?

  8. I agree with lwymindy, there should be an additional layer for non-profit use.

    But, in saying that, on my netlabel i run ads on it and my contributers get a share of the monies that coming in from them (even though there is little or none coming in).

    I feel that its fair to give my contributers a share even if my hosting costs are never covered.

  9. So you guys study the issue for over an year and come up with a huge report that actually FAILS to define with any degree what clarity what non-commercial is? After reading the report carefully, I have to say it is a massive disappointment.

  11. Incredibly useful report, thank you for making it happen!

    The real meat of it, for me, was in the charts at pages 59 to 65, where the ranges of opinion are expressed visually.

    What I took away from that chart on page 65 is there are only two uses of NC licensed material where a sizable number of people in the surveyed group thought it more than 50% permissible to use NC content, namely:

    1) personal use
    2) a charity/non-for-profit organization

    and even for those two, “a charity” fell more on the “definitely commercial use” side than not.

    page 62 adds as also OK for NC:

    * course materials for a non-tuition school.

    That’s the complete list. All other uses of NC licensed content fell over the over-50% definitely-commercial mark.

    To summarize, the current not-very-debatable meaning of the non-commercial clause in CC licenses is:

    1) ok for personal use
    2) ok for coursework at a non-tuition university
    3) probably ok for a charity/non-commercial organization

    What I find interesting is that in discussions with lawyers about the NC clause, this was mostly the same opinion, with the exception that the chart on page 62 asserts that Government/state use would be likely commercial, whereas lawyers I spoke to thought that was an ironclad example of non-commercial.

    Thanks again!

    -John from Magnatune

  13. John,

    While those circumstances are clear and nicely laid out from your perspective the questions of what is NC will still exist for your customers perspective.

    I am a filmmaker considering making a NC feature that uses NC music. I could do that personally, but seeing as I will need to raise funds and be accountable for any problems I will more likely create a not-for-profit company. I complete my film and decide to release it. Whatever distribution model I choose except possibly distribution through archive.org the distributor will want to take a profit on. Whether that’s advertising on youtube or ticket prices at the theatre or markup from cutting and selling DVD’s.
    So they’re making a commercial profit (and I’m happy for them to do so as it means my work gets shown raises more investment for my next film) I also still control those sources to be copyleft (people can take camcorders into the theatre or copy the DVD or download the youtube Video) but then you as the NC music producer are having your license terms breached. Who are you going to come after, me for releasing the work into the wild (knowing that commercialisation of the work was a possibility) or all these countless corporations and individuals who are carrying out the violations?

    If it’s me then I’m as well going for pofit and selling the film through commercial channels, and only making the film NC 15 years later once all the sales contracts have expired. That’s not the product I want to make, but it’ll be the only way to cover licensing costs of all the NC music/soundeffects/art/etc that I want to populate my film with.

  14. The definition of noncommercial is still very subjective – every site ‘converts’ their traffic one way or another, judging by travel levels, amount of advertising, legal entity/corporate status might be more definitive?

  15. As a developer I use lot of open sources and CC-NC codes. I work for a for-profit/commercial company. Software I wrote are mainly use internally by our employees. We never sell our software. Public has no access to use it. Am I violating the CC-NC license?

  17. quoting Joe Developer:
    We never sell our software. Public has no access to use it. Am I violating the CC-NC license?

    This is the point really conflictive that no one seems able to clarify. I agree with Dalila that after this poll I was looking for something clarifying things and not only put at the showroom the hassle that all we know.

    Particular examples covering the diverse range of cases and pronouncing about what would be reasonable noncommercial usage or not would be useful. The expression of the doubt only is still constructive, but completely useless from what I was looking for.
    Thanks anyway for your work!
    Raimon

  18. Jason Olhefsky example add another point to the noncommercial use. If NC permit recuperation cost wouldn’t it be okay if we as a website owner when using CC materials, try to recuperate our own hosting etc cost through ads displayed on our personal site?

  19. I have a blog with Adsense ads on it. It currently makes way less than server and domain costs.
    Does that blog constitute commercial use?
    Because it is not “primarily intended for or directed toward commercial advantage or private monetary compensation” but rather for fun.

  20. I’ve wondered for a long time what became of that study, and it seems I am disappointed. I got what I wanted to know from this article. I really wanted to see a new license that would be more open than NC.

    My definition of commercial in short is when something is being sold, directly requiring money from the user for what they want. I don’t mind people using my works if they get ad revenue but ask no money of their users. But this NC license makes that a lot of work for me (relatively). I want exceptions everywhere among my works, but specifying those exceptions is a lot more work than CC is intended for.

    I don’t really understand why it was completely dropped, the idea of introducing a new license. I pretty much expected that logic would favor not changing NC itself, but I don’t see enough reasoning presented to avoid coming up with some new NS [no-sell] license.

  21. I’m gonna be honest, i dont care if anyone puts a video up that makes use of CC BY-NC or BY-NC-SA music/video that i have created up onto YouTube aslong as they arent YouTube partners.

    Youtube partners are different as they are placing the adverts directly on the video, Thus making money from it. I dont care about the ads on the web page as they are there to cover the cost of hosting Millions (possible billions) of video’s that get uploaded to it.

    So, why would i care about smaller sites doing the same thing which earn little to NO money from the ads.

    Aslong as the attribution is there to advertise my site and give posible SEO page rank, then go right ahead and use my own works for that purpose.

  22. I have a question. The report just confused me, rather frustrated me, as I wanted a “definition” not all the details of the study.

    What I want to know is…

    If I build a tutorial video for a site, that is a paid membership site, that people use to build and sell monetized websites, but my video uses say one of NIN’s CC BY NC SA liscened tracks as background music (so my tutorial doesn’t bore people to tears)… but I don’t make money from the video, it’s not on any site with ads, but I include it in the owner of the sites “tutorial” section (because the internal video has sensitive intellectual property that he doesn’t want others to see if they are not a member), and he doesn’t make money from the video, it’s there to help people understand how the system works- nothing more). I’d have to let him upload it to the site as I have no way to protect it from the public eyes)… Is this breaking the liscense agreement? even if My name, not the owner, is advertized as the creator of the video and I atribute the author in the video.

    Can anyone tell me how this works and if this is outside the line? Again, no profit is made from the video but I’m wondering if the fact that you can’t download and see or change and redistribute etc.. the video, does this violate the license?

    Thank you anyone for your reply.

    Jerrico

  23. I am about to publish a book of short stories, reworkings of myths and traditional tales. I would be perfectly happy for anyone to use one of the stories, even commercially. In fact I would welcome it as I would like the stories to have wide circulation.

    But if I publish under a CC licence that permits commercial use, doesn’t that mean that someone could publish the whole book for themselves and so take any profit? I would not be happy with that at all.

    Might the solution be to publish the book under the usual copyright restrictions but apply a CC licence (attribution share-alike) for each individual story?

    I would welcome advice.

  24. Frankly, I never really understood the rules of ‘non-commercial’ CC. Is it really as strict as I think it is? E.g. if you want to use a photo that’s under noncommercial license, you can’t put it on any website that has any sort of ads on it.

  25. Speaking generally, does the NC license mean, say, a radio station that has ads can’t play songs with the NC license? What if there are banner ads in the site?

  26. I’m wondering how ‘Non-Commercial’ applies to flash movie and game portals, such as New Grounds. The primary intention (which is as worded in the legaliese) is to entertain and to share a story or game. It so happens that many of these portals also pay the creator ad revenue. The creator of the flash project IS getting money for it, but that is not the PRIMARY intention.

    The current wording is vague, and I would like to see something a lot more clear before I seriously start looking into my options.(My interests are primarily looking at music and sound files)

  27. Justin (and several others above wanting to use licensed works),

    There’s an easy answer: use music and sound files released under CC BY or CC BY-SA. Then NC is a non-issue. See ‘recommendations’ in the post above.

    Daniel Cohen,

    Presumably someone could make their own collection of all of the BY-SA stories you publish, and sell that collection. If you’re ok with that, great. If not, you’re still probably on the right track — perhaps selectively license certain stories under BY-SA, and see what happens. You can always license others when you’re comfortable.

  28. I’m still not clear.

    I would like to use an image for a webpage background on a site for a spiritual jazz singer. The image would not be sold to anyone. No advertisements on the site but she does sell her CDs. Is this considered “Commercial Use” ?

    What complicates this — at least on Creative Commons — is that it is sometimes very difficult to reach the photographer in order to check if the use is okay.

    Any help would be appreciated.

  29. What about use on a news website? We technically have a product, and we sell adspace, but I’m a little iffy.

  30. I agree about the disappointment. Here we are many months later and all I see here are questions and more questions. Not even any case citations that might offer advice on how the courts interpret “non-commercial”. In my own experience, there is no clear interpretation of what this means — or rather there are as many understandings as people you ask.

    Given the great grey fuzziness of this all, is the license worthless as a legal document?

  31. Glenn, Henry,

    If you’re not sure whether your use is commercial, don’t use NC licensed content. That’s simple. There are plenty of works under CC licenses without the NC condition you can use.

    Kevin,

    Even with the most restrictive possible interpretation of NC possible, the licenses give considerably more permissions than present by default in copyright. Filesharing is unambiguously allowed, for instance.

    CC has just started a public discussion of what its version 4.0 licenses should be. If you (anyone reading this) can improve the definition, wants us to retire the NC licenses, or anything in between, please visit http://wiki.creativecommons.org/4.0/NonCommercial and let us know how and why.

    Thanks!
    Mike

  32. My advice to most creative artists: No one knows who most of you are. You NEED the publicity that you can get from people using your works (assuming attribution, of course).

    You have a piece of great jazz music. I create a video about fantastic romantic getaways, and I use your music for background – again, with attribution. I sell 10,000 copies for $19.95. After prorating my production costs, advertising costs, distribution costs and overhead, I make a buck a copy. How much of that do you think your music was worth? 20 cents? Okay, it’s less, but I’ll go with 20 cents. I owe you $2000.

    But I’ve exposed your name and your music to 10,000 people – or, if sharing (and my video WILL be shared, I know) is factored in, perhaps 20,000 or more?

    Now, let’s see…what should I charge YOU for that? Many of you don’t even know what publicity costs, but I’ll conservatively say it was worth at least 20 cents a head for this exposure.

    I think we should call it a wash. After all, I didn’t create a bunch of CDs and sell your music. Your music was incidental to the video that I created, at no small expense to me. But, I do acknowledge the value of your music and for that value I gave you exposure. Every time someone watches my video, they’re going to hear you, and they’re going to see your name.

    The math here is a bit contrived, I acknowledge, but I don’t think it’s far off, and I think you should be able to understand the concept whether you’d quibble over a nickel one way or another.

    BY-SA. No other license really makes sense for you unless you honestly can say that you’re a well-established, widely-recognized artist. You’re getting plenty back in return.

  33. For me, I would like a licensing format that allows sharing of my content on a commercial website, but does not permit reseller rights (i.e. to profit directly from selling my material), as well as a license option that does allow reseller rights where relevant.

    At the moment I think ‘commercial use’ is too broad & too vague a term & can be open to misinterpretation.

  34. So, let’s say I Photoshop a few (public) images from Photobucket, and I put them in a picture I create from Photoshop, and display it in a video for YouTube (like, for example, an introductory sequence to a video). Let’s say I am a YouTube partner. Would that be violating noncommercial use? This is all hypothetical.

  35. I have this App in the iTunes Store. It is a picture based flashcard learning app for scientific names of species. The App does not contain any images and costs 2 $.

    After the user installed the app, he selects content that he wants to learn and the app downloads a bunch of images, some of these images are CC-NC. Do you think this is illegal?

  36. What if a company does a podcast let’s say to help people, just giving information for free.

    Even though the company itself is obviously commercial, the podcast’s purpose isn’t making money but to give information. There’s no fee in listening it and there’s no advertising, probably only a mention who’s producing the podcast.

    So my question is basically is everything a company makes always commercial? There are companies out there that have revenue stream on one side and non-profit actions on another.

  37. I came back to this post today to look up a reference, glad to see people still commenting 3.5 years later.

    Brian: Well said.

    Sharon: Fair point. Best you can do now is probably to use NC as it exists: lots of “commercial” sites will use anyway (and lots of “noncommercial” sites won’t, but that’s the price you pay for using NC), and profiting from directly selling licensed works is the one thing unambiguously not permitted.

    Ian: YouTube partner means you’re sharing advertising revenue with them, right? If so, there’s your answer: the use is pretty clearly directed at gaining monetary compensation.

    Michael: No idea, but given you’re doing some kind of content search, I’d guess, why not just stick to non-NC images? There are millions. You don’t gain much by attempting to walk a fine line around NC.

    Aarne: The NC term doesn’t specify that everything a for-profit does is always commercial. But as with previous answer, why bother attempting to walk fine line? There are plenty of songs and sounds to use under fully free licenses you can use in your podcast.

  38. Mike: Thank you for your answer. Yeah i could do that, but most of the content sadly is NC. So the app would not be much use anymore.

  39. I have an internet radio station and want to play variety of music. I have banner ads on the site, but as of yet do not have audio ads. Can I still use NC work?

    Sorry I am new, and I want to make sure all this is squared away. Currently I do have songs that can be used but want to make sure for other ones.

    Thank you.

  40. Hi Helen. We can’t make judgment calls in cases like this. Your best bet might be to contact the creators directly, or stick to songs that allow commercial use.

  41. i always had the impression that when i license my music under non-commercial that no party may distribute my work for money without first being granted permission by me,
    is that right?

    small example:
    my band just finished a record, a small non-profit d.i.y-punkrock label has paied alle the production costs and has supplied us with a reasonable amount of free copiies for ourselves,

    the album will be sold on a low price which will refinance the expenses of our small d.i.y.-label, any surplus will be used to support other small d.i.y.-bands with their releases,

    we consider this lowlevel distribution to be a noncommercial use of our music that is in our view the best possible way to benefit the d.i.y-scene of which we are part of and have therefor agreed to the distribution by our label,
    does this conflict with the NC-license?

  42. I intend to use a program that has a creative commons non-commercial use license to produce videos in which i will earn from advertisements that are automatically placed by google, in youtube, that’s why i ended up here.

    Polls from what people think commercial and non commercial mean, mean nothing to me, if i asked people to vote on the sex of a chicken, the chicken wouldn’t change sex if most people were wrong, in the same way that what a non-commercial license means for people is irrelevant because people may be wrong and because people can change opinion, which would lead to the meaning of a creative commons non-commercial license changing according to country, person, situations, feelings, year, etc… a huge mess, meaning, people that have a non commercial license don’t even know what is that license supposed to be or to do if we are relying on polls to define things.

    And this “defining non-commercial” thing seems really nice, but it’s missing the “defining” part as i was expecting to see some sort of definition.

    If baffles me how could a project like this get so far with this big of a hole in it.

    What is a non-commercial use has to be defined by the license issuers, in this case, creative commons.

    Excerpt of the definition of “commercial” by Oxford Dictionaries that is relevant to this “youtube thing” is “…having profit rather than artistic or other value as a primary aim: …”.
    Other reputable dictionaries back this up, it seems like a fuzzy area but it also seems like it doesn’t apply to me, making money isn’t my primary goal but if i can make some it’ll be good.

    Are donations classified as commercial too? (rhetorical question, by definitions widely accepted by reputable sources they are not) I could just ask for donations instead of displaying ads and use the same software that has non-commercial use and still make money out of it.

    P.S. Stop demonizing copyright, copyright isn’t only an “all rights reserved” thing, copyright is whatever the user itself wants it to be, that’s why i don’t need to research for copyright as the users will usually indicate what i can and can’t do with their work in some kind of note attached to it, on the other hand there’s creative commons, people just put this garbage CC stamp all over their work and don’t say what we can and can’t do with it, then when we google for this in order to get informed (like i did), we end up leaving with no concrete answers, creative commons, thanks for making things sooo much easier and clearer for both users and producers, really.

  43. What I want to know is how broadly is ‘non-commercial’ defined? I plan on holding a online funding drive to self-publish a tabletop role-playing game. It sure would be nice to have music playing for the video presentation. However, I am not selling MUSIC, I’m selling a frikkin pencil-n-paper roleplaying game. Attribution, sure, that goes without saying. However, since this is for funding something (ie – commercial in the basic sense) does that mean that the Non-Commercial applies? Its entirely unrelated to the music industry and in fact spreads the artists music to a corner he/she may not have had any access to at all.

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#####EOF##### Intergovernmental Organizations - Creative Commons

Intergovernmental Organizations

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Intergovernmental organizations (IGOs) are using CC to share research, data, and educational materials they produce. IGOs, like all creators who want wide dissemination of their content, realize they can benefit greatly from the use of Creative Commons licenses--maximizing the impact of their resources and efforts. A number of IGOs believe that as publicly minded institutions, adopting an open licensing policy for at least some subset of their publications is the preferred mechanism for ensuring the broadest and most widespread use and reuse of the information they publish.

This page explains some of the benefits for IGOs choosing to publish content under Creative Commons licenses, clarifies some unique legal considerations, provides case study of IGOs already using CC, aggregates relevant frequently asked questions, and addresses common licensing scenarios and options available to IGOs.

Why Intergovernmental Organizations Benefit from Using CC

IGOs' missions are aligned with sharing information and resources

Disseminating useful information globally is aligned with the mission and work of most IGOs. Sharing information and content -- ranging from education assessment metrics to cultural heritage resources to research studies on the environmental impact of fossil fuels to health information -- is central to the success of IGOs. Information and content that IGOs create can be made maximally useful to the diverse communities they serve, helping citizens, governments, civic institutions, and businesses across all sectors.

CC helps clarify rights to users in advance

Materials like reports, photographs and videos released under the default All Rights Reserved copyright require the end user to ask permission in order to use the resource in the absence of some applicable exception or limitation under applicable copyright law. This framework means IGOs must dedicate resources to review and approve those requests. From the user perspective, the time and effort required to obtain the permission can be significant. The result is that resources are less likely to be used, shared, or repurposed, significantly diminishing the potential impact of information published. (The Organization for Economic Co-operation and Development (OECD) has described the challenges to dissemination of information under the All Rights Reserved copyright framework as follows: "While information technology makes it possible to multiply and distribute content worldwide and almost at no cost, legal restrictions on the reuse of copyrighted material hamper its negotiability in the digital environment ... [T]he Creative Commons license is by far the best-known license for such content, the use of which is growing exponentially." OECD (2007) Giving Knowledge for Free: The Emergence of Open Educational Resources, p.13.

Creative Commons licenses offer a simple, standardized way to grant flexible copyright permissions in advance. The adoption of Creative Commons licenses increases the dissemination, discoverability, reuse, and translatability of research and education materials. CC licenses are the global standard for open content licenses, and are leveraged by corporations, institutions, and government bodies worldwide. Creative Commons licenses lower the transaction costs normally associated with seeking and granting permission to use resources by granting limited permission in advance.

CC helps ensure IGOs receive credit for the resources they create

IGOs who use CC licenses get the credit they deserve for the work they create. All CC licenses require that attribution be given to author in the manner specified. IGOs also need not worry about expending resources crafting custom terms of service specifying how their works can be used. Creative Commons licenses contain vetted, legally robust standard copyright terms and conditions. These common features serve as the baseline, on top of which IGOs can choose to grant additional permissions if desired.

FAQ: CC Licenses and IGOs

IGOs are unique in several respects from individuals and other organizations. Below are some common questions about how CC licenses work for IGOs.

Can intergovernmental organizations ("IGOs") use CC licenses?

Anyone may use CC licenses for works they own, including IGOs. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons published a 3.0 ported license suite specifically intended for use by IGOs. These ported licenses -- known as the 3.0 IGO ported licenses -- grant all of the same permissions as our international (unported) 3.0 licenses; however, they have two unique provisions. First, unlike all other 3.0 licenses, where the licensor is an IGO then unless otherwise mutually agreed, disputes are resolved by mediation or, if that is unsuccessful, through arbitration. This provision was included in response to the challenges IGOs face with enforcing their copyright. IGOs have privileges and immunities from national legal processes, including judicial processes. Waiving that immunity so they can bring suit in a national legal forum can be exceedingly difficult. Instead, IGOs typically use mediation and arbitration as the preferred means to resolve legal disputes.

Second, unlike the other 3.0 licenses, the 3.0 IGO ported licenses contain a cure period just like CC's new 4.0 licenses. If a licensee fixes a license violation within 30 days of discovery, the license automatically reinstates. The inclusion of the provision is intended to help reduce the likelihood that mediation and arbitration become necessary.

What should I know before I use a work licensed under the IGO 3.0 ported licenses?

You should be aware of the dispute resolution mechanism in the license, which is contained in Section 8(h). Disputes involving works licensed by IGOs under the licenses are resolved by mediation and arbitration.

Generally, mediation is a process used to avoid settling a dispute in court. The process typically involves a neutral third party (called a mediator) who tries to help the parties resolve the dispute. Mediation is not binding, however, unless the parties agree otherwise. Arbitration is also used to avoid settling a dispute in court, but the third party (called an arbitrator) has authority to make a decision in favor of one party. Arbitration tends to be more formal than mediation.

Before using any work licensed by an IGO under the IGO 3.0 ported licenses, be sure you understand what the mediation and arbitration processes are that have been chosen by the IGO and know what they mean for you. IGOs typically designate those in the copyright notice attached to the work.

How does the mediation and arbitration provision work?

Assuming a violation of the license has occurred and the dispute cannot be amicably resolved, the process starts with mediation. The IGO/licensor sends a notice of mediation to the licensee designating the mediation rules if those are not already identified in the copyright notice accompanying the work. If mediation is unsuccessful, then either the licensor or licensee can chose to commence arbitration. If arbitration becomes necessary, then those proceedings allow for remote participation (e.g., by teleconference, written submissions, etc.) whenever practicable.

IGOs have the ability to designate the particular mediation and arbitration rules in the copyright notice attached to the work, though the licensor and user of the work can always agree otherwise. If none is designated and no agreement is reached, then the mediation rules will be those identified in the notice of mediation sent to the licensee. If the matter progresses to arbitration, then unless otherwise stated in the copyright notice the rules that apply are the current Arbitration Rules of the United Nations Commission on International Trade Law (known as the UNCITRAL arbitration rules). The UNCITRAL rules are widely used by IGOs and others.

Note that Creative Commons does not endorse any particular mediation or arbitration rules. Creative Commons has published special deeds for the IGO 3.0 ported licenses that emphasize that disputes are resolved by mediation and arbitration. You should always take note before using a work by an IGO whether the license used is an IGO 3.0 ported license.

Do the 3.0 IGO ported licenses operate differently in other respects?

No, the only differences are the mediation and arbitration processes and the ability to cure a violation and regain your rights as a licensee. CC and the IGOs took great care to ensure that the interpretation of the licenses are no different otherwise than the 3.0 international licenses. The adjudicating body (the mediation or arbitration tribunal) will interpret the scope of the license and remaining obligations in accordance with general principles of international law. Exceptions and limitations remain unregulated by those licenses as well.

Note that the IGO 3.0 port is designed so that only IGOs as defined in the license are able to use mediation and arbitration. It is not available to anyone else using the licenses.

Examples of CC License Use by Intergovernmental Organizations

Commonwealth of Learning

European Cultural Foundation

European Funded

  • http://www.communia-project.eu/about COMMUNIA - The European Thematic Network on the Digital Public Domain, funded by the European Commission (the executive of the European Union), CC BY-SA (Unported).
  • European Organization for Nuclear Research (CERN) - CERN publishes its book catalog online as open data using the CC0 public domain dedication and the results of some Large Hadron Collider (LHC) experiments are published under various Creative Commons licenses.

European Space Agency

Inter-American Development Bank

  • The Inter-American Development Bank is requiring the adoption of Creative Commons by the organizations that receive funding from the Bank in the context of the FOMIN (Fondo Multiateral de Inversiones) initiatives, particularly the ICT4BUS, a fund that promotes the adoption of e-commerce in the American continent, which has financed more that thirty initiatives in Brazil, Argentina, Chile, Nicaragua and other Latin American countries. Banks require those initiative to use the GPL to license any software developed by organizations receiving support from the bank, and CC to license the documentation related with those computer programs, such as user manuals.

International Institute for Democracy and Electoral Assistance

World Bank

Retrieved from "https://wiki.creativecommons.org/index.php?title=Intergovernmental_Organizations&oldid=116994"

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#####EOF##### Creative Commons — Attribution - Partage dans les Mêmes Conditions 3.0 non transposé — CC BY-SA 3.0
Cette page existe aussi dans les langues suivantes : Languages
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Creative Commons License Deed

Attribution - Partage dans les Mêmes Conditions 3.0 non transposé (CC BY-SA 3.0)

C'est un résumé (et non pas un substitut) de la licence. Avertissement.

Vous êtes autorisé à :

  • Adapter — remixer, transformer et créer à partir du matériel
  • pour toute utilisation, y compris commerciale.
  • L'Offrant ne peut retirer les autorisations concédées par la licence tant que vous appliquez les termes de cette licence.

Selon les conditions suivantes :

  • Attribution — Vous devez créditer l'Œuvre, intégrer un lien vers la licence et indiquer si des modifications ont été effectuées à l'Oeuvre. Vous devez indiquer ces informations par tous les moyens raisonnables, sans toutefois suggérer que l'Offrant vous soutient ou soutient la façon dont vous avez utilisé son Oeuvre.

  • Partage dans les Mêmes Conditions — Dans le cas où vous effectuez un remix, que vous transformez, ou créez à partir du matériel composant l'Oeuvre originale, vous devez diffuser l'Oeuvre modifiée dans les même conditions, c'est à dire avec la même licence avec laquelle l'Oeuvre originale a été diffusée.

  • Pas de restrictions complémentaires — Vous n'êtes pas autorisé à appliquer des conditions légales ou des mesures techniques qui restreindraient légalement autrui à utiliser l'Oeuvre dans les conditions décrites par la licence.

Notes:

  • Vous n'êtes pas dans l'obligation de respecter la licence pour les éléments ou matériel appartenant au domaine public ou dans le cas où l'utilisation que vous souhaitez faire est couverte par une exception.
  • Aucune garantie n'est donnée. Il se peut que la licence ne vous donne pas toutes les permissions nécessaires pour votre utilisation. Par exemple, certains droits comme les droits moraux, le droit des données personnelles et le droit à l'image sont susceptibles de limiter votre utilisation.
#####EOF##### Creative Commons DMCA Notice & Takedown Procedure - Creative Commons
Creative Commons > Creative Commons DMCA Notice & Takedown Procedure

Creative Commons DMCA Notice & Takedown Procedure

Creative Commons DMCA Notice & Takedown Procedure

Creative Commons abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by Creative Commons (such as creativecommons.org or sciencecommons.org) that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.

Creative Commons does not control content hosted on third party websites, and cannot remove content from sites it does not own or control. If you are the copyright owner of content hosted on a third party site, and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed.

Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with Creative Commons’ rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.

Notice of Infringing Material

To file a notice of infringing material on a site owned or controlled by Creative Commons (such ascreativecommons.org or sciencecommons.org), please provide a notification containing the following details:

  1. Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
  2. Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
  3. Your contact information so that we can contact you (for example, your address, telephone number, email address);
  4. A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
  5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
  6. Your physical or electronic signature.

Then send this notice to:

By Mail:

DMCA Agent: Diane Peters
P.O. Box 1866
Mountain View, CA 94042

By Email:

Email: dmca@creativecommons.org

Counter-Notification

If material that you have posted to a site controlled or operated by Creative Commons (such as creativecommons.org, sciencecommons.org) has been taken down, you may file a counter-notification that contains the following details:

  1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
  2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
  3. Your name, address and telephone number;
  4. A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Creative Commons may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above;
  5. Your physical or electronic signature.

Then send this notice to:

By Mail:

DMCA Agent: Diane Peters
P.O. Box 1866
Mountain View, CA 94042

Email: dmca@creativecommons.org

You may be able to find examples of counter-notifications at www.chillingeffects.org/dmca/counter512.pdf. Please note, however, that this is no substitute for legal advice and you should obtain legal advice to better understand your rights and obligations under the DMCA and applicable laws.

#####EOF##### CC0 FAQ - Creative Commons

CC0 FAQ

From Creative Commons
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These FAQs contain information that you should familiarize yourself with before using CC0. The information provided below is not exhaustive – it may not cover important issues that may affect you.

The FAQs are intended to supplement, not replace, our existing FAQs. You are encouraged to review those FAQs as well as our list of issues to consider before using CC0 or any of our other legal tools or licenses. You should also read the CC0 legal code carefully and understand what it means before applying it to your work or using a CC0’d work.

Please note: Creative Commons does not provide legal advice. The information provided below is not a substitute for legal advice and is not complete. Please consult your own legal advisor if you have any questions or concerns about the information provided below, about CC0 or about Creative Commons licenses and tools generally.

Questions about CC0 generally

What is CC0?

http://i.creativecommons.org/p/zero/1.0/88x31.png

Copyright and other laws throughout the world automatically extend copyright protection to works of authorship and databases, whether the author or creator wants those rights or not. CC0 gives those who want to give up those rights a way to do so, to the fullest extent allowed by law. Once the creator or a subsequent owner of a work applies CC0 to a work, the work is no longer his or hers in any meaningful sense under copyright law. Anyone can then use the work in any way and for any purpose, including commercial purposes, subject to other laws and the rights others may have in the work or how the work is used. Think of CC0 as the "no rights reserved" option.

CC0 is a useful tool for clarifying that you do not claim copyright in a work anywhere in the world. Because copyright laws differ by jurisdiction, you might be granted an automatic copyright in jurisdictions that you may not be aware of. By using CC0, you signal to the public that you relinquish any such rights.

How does it work?

A person using CC0 (called the “affirmer” in the legal code) dedicates a work to the public domain by waiving all of his or her copyright and neighboring and related rights, if any, in a work, to the fullest extent permitted by law. If the waiver isn’t effective for any reason, then CC0 acts as a license from the affirmer granting the public an unconditional, irrevocable, non exclusive, royalty free license to use the work for any purpose.

What is the difference between CC0 and the Public Domain Mark ("PDM")?

CC0 and PDM differ in important respects and have distinct purposes. CC0 is intended for use only by authors or holders of copyright and related or neighboring rights (including sui generis database rights), in connection with works that are still subject to those rights in one or more jurisdictions. PDM, on the other hand, can be used by anyone, and is intended for use with works that are already free of known copyright restrictions throughout the world. The tools also differ in terms of their effect when applied to a work. CC0 is legally operative in the sense that when it is applied, it changes the copyright status of the work, effectively relinquishing all copyright and related or neighboring rights worldwide. PDM is not legally operative in any respect – it is intended to function as a label, marking a work that is already free of known copyright restrictions.

Review a chart comparing the attributes of CC0 and PDM, and Learn more about the Public Domain Mark.

Questions for those thinking about applying CC0 to their work(s)

Who can use CC0?

Anyone who owns or could possibly hold copyright and neighboring and related rights (such as database rights) in a work anywhere in the world can use CC0 to give up those rights. But please be careful. CC0 is a one-way street. Once you apply CC0 to your work you can’t change your mind later and re-assert copyright or database rights over the work. In some cases, it’s hard to decide if something qualifies for copyright protection (for example, a database of mostly factual data). Even then, CC0 can be a useful way to assure others that you have committed to surrendering any possible copyright protection you may have.

Even though are you not making any warranties of copyright ownership under CC0, keep in mind that you are still responsible to any third parties who may have existing rights in your work when you distribute the work. For example, if your work contains another person’s work made available under a CC Attribution license, you will need to identify that work separately, attribute the author and provide the license. Likewise, for any other license(s), you will need to ensure that you are in compliance before distributing the work. Of course, if you do not have permission to distribute a work belonging to someone else, you will need to seek appropriate permission from the copyright owner before you use CC0.

How do I apply CC0 to my work?

Our chooser will lead you through process. When completed, you will be provided with HTML code that you can copy and paste into your website. Please be aware that it is up to you, the affirmer, to publish your work using CC0 by posting it to your website or elsewhere. Creative Commons does not publish any works and cannot accept responsibility for doing so.

What are the benefits of including the information requested by the CC0 chooser?

Any information you provide when using the chooser will be included in the rendered CC0 text placed on the work as well as included in the machine-readable code. Potential users of your work can then use that information to find out more about your work. Particularly valuable to potential users is the jurisdiction from which you are offering the work under CC0, and we encourage you provide that information whenever possible. Please keep in mind, however, that the jurisdiction you select is not a choice of law or forum selection clause (there are no choice of law or forum selection clauses in CC0).

May I apply CC0 to computer software? If so, is there a recommended implementation?

Yes, CC0 is suitable for dedicating your copyright and related rights in computer software to the public domain, to the fullest extent possible under law. Unlike CC licenses, which should not be used for software, CC0 is compatible with many software licenses, including the GPL. However, CC0 has not been approved by the Open Source Initiative and does not license or otherwise affect any patent rights you may have. You may want to consider using an approved OSI license that does so instead of CC0, such as GPL 3.0 or Apache 2.0.

CC and the Free Software Foundation suggest that if you choose to apply CC0 to software, you include the following notice at the top of each file:

<PROGRAM NAME> - <DESCRIPTION>
Written in <YEAR> by <AUTHOR NAME> <AUTHOR E-MAIL ADDRESS>
[other author/contributor lines as appropriate]
To the extent possible under law, the author(s) have dedicated all copyright and related and neighboring rights to this software to the public domain worldwide. This software is distributed without any warranty.
You should have received a copy of the CC0 Public Domain Dedication along with this software. If not, see <http://creativecommons.org/publicdomain/zero/1.0/>.

It is also recommended that you include a file called COPYING (or COPYING.txt) containing the CC0 legalcode as plain text.

Does CC0 require others who use my work to give me attribution?

No, and that's a big difference between CC0 and our licenses. Unlike our licenses, there are no conditions contained in CC0. Just like anything in the public domain, it will be possible for others to use or adapt it however they wish without attribution. However, this does not mean that you cannot request attribution in accordance with community or professional norms and standards.

When you choose CC0, requests for attribution are not binding through legal requirements (i.e., as a condition of a copyright license) but can be based on ethical and professional norms, such as those that apply to scholarship and science. These norms can be well articulated, widely held, and self-policing, as is the case with citation standards in the academic community (which are based on ethics and professional reputation, not legal conditions). However, in some instances, as with new technologies or emerging disciplines, the exact implementation of these norms in a particular context requires further consensus-building and articulation.

Does CC0 really eliminate all copyright and related rights, everywhere?

Please don’t take the 0 (zero) in the name “CC0” literally – no legal instrument can ever eliminate all copyright interests in a work in every jurisdiction.

CC0 doesn’t affect two very important categories of copyright and related rights. First, just like our licenses, CC0 does not affect other persons’ rights in the work or in how it is used, such as publicity or privacy rights. Second, the laws of some jurisdictions don’t allow authors and copyright owners to waive all of their own rights, such as moral rights. When the waiver doesn’t work for any reason CC0 acts as a free public license replicating much of intended effect of the waiver, although sometimes even licensing those rights isn’t effective. It varies jurisdiction by jurisdiction.

While we can't be certain that all copyright and related rights will indeed be surrendered everywhere, we are confident that CC0 lets you sever the legal ties between you and your work to the greatest extent legally permissible.

What kinds of rights am I surrendering when I use CC0?

You are surrendering your copyright and neighboring and related rights in a work, including any database rights you may have. You are also surrendering your own publicity and privacy rights. If your image is captured in the work, for example, you cannot later complain that someone is using it in violation of those rights. In other jurisdictions, you may not be able to waive all of your copyright and neighboring and related rights. Moral rights and unknown rights are two examples of rights that may be difficult to waive in some jurisdictions. When waiver isn’t possible, those rights are licensed under CC0 to the extent allowed by law, although again, sometimes those rights cannot be licensed in advance or at all.

What are neighboring rights?

Neighboring rights consist of a hodgepodge of rights granted by statute in addition to traditional copyright. Performing artists, record producers and those involved in radio and television broadcasting are often holders of neighboring rights, which may include distribution, performance and/or exploitation rights. Some jurisdictions extend copyright to protect these rights; other jurisdictions offer those protections by separate statute as neighboring or related rights.

When you surrender your neighboring rights using CC0, you do not impact the copyrights or related rights of others, though. For example, if you apply CC0 to a sound recording to which you hold copyright, you surrender your exclusive right to digitally perform that sound recording. But your use of CC0 would not affect the copyright, if any, retained by the composer of the music. Neighboring rights differ from jurisdiction to jurisdiction.

What are database rights?

Databases may contain facts that, in and of themselves, are not protected by copyright law. The copyright laws of some jurisdictions cover database design and structure, however, and some jurisdictions like the European Union have enacted special laws to protect databases when they are not protected under applicable copyright law. CC0 is intended to cover all copyright and database laws, so that however database rights are protected (under copyright or otherwise), those rights are all surrendered.

Can I control how my work is being used once I publish it using CC0?

Not really. CC0 is about achieving the effect of placing works in the public domain. Just like anything already in the public domain today, anybody will be able to use your work for any purpose, even in ways you may find distasteful or objectionable. They can also make money off of your work, and they may give you credit or they may not. One aspect you retain control over, however, is the use of the work by others with your trademarks. CC0 does not surrender any trademark rights you have. If others want to associate your trademark with a work you distribute under CC0, they need to ask your permission first as required by trademark law.

If you are worried about how your work will be used, if you want to legally require attribution, or if you don't want people to make money off of your work, then you should not use CC0 and instead consider using one of our licenses.

What about other IP related rights, such as trademark and patent rights?

CC0 very clearly states that trademark and patent rights of the affirmer are not affected – CC0’s sole reach is copyright and related and neighboring rights, including database rights. Trademarks rights are not affected because creators who use CC0 should be able to protect the quality of products that are associated with their trademark (for example, by preventing a subsequent user of the work from leading others to believe the work in its subsequent use and/or form is associated with or endorsed by the affirmer). So if your primary concern is to ensure the quality and integrity of products associated with your name or your project, then trademark, combined with CC0, may be an option for you.

Patents are fundamentally more challenging. One of our goals at Creative Commons is to encourage use and dissemination of information in a way that encourages others to build upon it, sometimes in surprising and unexpected ways. We can accomplish that objective through a copyright-only solution, without introducing the complexities associated with patent rights. We also wanted to keep CC0 as simple as possible, consistent with its original design goals. We concluded that any perceived benefits of including a patent waiver were significantly outweighed by the downsides of its inclusion.

Does using CC0 affect my ability to disclaim warranties?

No. CC0 explicitly disclaims "representations or warranties of any kind" (see 4(b)). This is not affected by CC0's abandonment of all copyright-related rights to the extent legally possible. Disposing of an asset (whether or not gratis) often involves a statement by the prior owner as to the state of the asset disposed of such that the owner has no responsibility/liability for things that may go wrong once the asset is no longer theirs. As with a quit claim used with real property, with CC0 a copyright holder abandons or quits their interest without any further obligation, including without warranty.

Questions for those thinking about using a CC0’d work

Can anyone use a work that is distributed under CC0?

Yes. CC0 doesn’t restrict who can use a CC0’d work. Once applied, anyone can use the work in any way and for any purpose, including commercial purposes, subject to rights others may have in the work or how it’s used, as well as subject to any other laws or restrictions that may apply.

Do I have to attribute the person who applied CC0 to their work?

No, there is no legal requirement that you attribute the affirmer, only an expectation that you will voluntarily do so if requested. The CC0 deed provides HTML code that can be copy and pasted into your webpage to easily cite the author and the work, if that information has been provided by the affirmer.

Why do some works indicate the jurisdiction from which the work is being published?

The CC0 license chooser gives affirmers the opportunity to indicate the jurisdiction from which the work is being offered. If provided by the affirmer, this information is included in the rendered CC0 text that is placed on the work as well as included in the machine-readable code.

The jurisdiction from which the work is being offered is one fact that helps users know what they can and cannot do with a CC0'd work. There are other important facts that impact what rights the affirmer is surrendering and what rights the user has (another, for example, is where the user is located), but the jurisdiction from which the work is offered is one of the more important pieces of information that helps users usefully take advantage of a CC0’d work.

Be careful, though. The jurisdiction, if selected by the affirmer, is not a choice of law or forum selection clause (there are no choice of law or forum selection clauses in CC0). Nor should it be relied upon as definitive for purposes of determining what rights you, as a user of the CC0’d work, may have. It is just one of many facts (if properly selected by the affirmer) that you should take into account before using a work dedicated to the public domain using CC0. Whether or not the affirmer indicated the jurisdiction from which the work was published, you may wish to contact the affirmer to learn more about the work as well as consult your own legal advisor about your rights.

What rights do I need to use a CC0’d work?

That depends. If you want to use the affirmer’s trademark, you need to get permission first since CC0 doesn’t affect trademark rights. You may also need to get permission from other people who have rights in the work, such as privacy or publicity rights of persons whose likeness or image appear in a photograph or in another work.

How can I be sure that I have all the rights I need to use the work?

CC0 contains a disclaimer of warranties just like our licenses, so there is no assurance whatsoever that the affirmer (the person who applied CC0 to the work) has all the necessary rights to grant permission to use the CC0’d work. The person applying CC0 to their work is not guaranteeing anything about it, including whether she owns the copyright or has cleared any uses of third-party content that her work may be based on or incorporate. If you are in doubt, then we strongly recommend you not use the work until you have taken all the steps and precautions you feel you need to before doing so, which may include contacting the person who applied CC0 to the work and consulting legal counsel.


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#####EOF##### Privacy Policy (pre 2018-05-25) - Creative Commons
Creative Commons > Privacy Policy > Privacy Policy (pre 2018-05-25)

Privacy Policy (pre 2018-05-25)

Master Privacy Policy and Express Consent

1. Preamble

This Master Privacy Policy (“Privacy Policy”) explains the collection, use, processing, transferring and disclosure of “personal information” by Creative Commons Corporation (“CC” or “Creative Commons”), a Massachusetts charitable organization, and also contains an Express Consent that applies to those who use our Websites and Services (as defined below). This Privacy Policy is incorporated into and made part of Creative Commons Master Terms of Use (“Master Terms”) located at https://creativecommons.org/terms.

Unless otherwise noted on a particular website or service hosted by Creative Commons, this Privacy Policy applies to your use of all websites that Creative Commons operates. These include http://creativecommons.org, http://wiki.creativecommons.org, http://openpolicynetwork.org, http://open4us.org, https://rightsback.org, https://ccsearch.creativecommons.org/, http://teamopen.cc, http://donate.creativecommons.org, http://thepowerofopen.org, https://network.creativecommons.org and http://creativecommons.net, together with all other subdomains thereof (the “ccNet Website”), (collectively, the “Websites”). This Privacy Policy also applies to all products, information, and services provided through the Websites, including without limitation the license chooser, legal tools, the CC Login Services (defined below), and the CC Global Network community website (the “CCGN website (together with the Websites, the “Services”). Creative Commons does not operate the website at http://ccmixter.org. Furthermore, this Privacy Policy does not apply to any of the websites operated by affiliates or chapters of Creative Commons unless expressly provided on those websites or any subdomains of the Websites. For purposes of this Privacy Policy, “CC Login Services” refers to CC’s implementation of the OpenID standard used on the ccNet Website, and the Central Authentication Service (CAS protocol) used on https://login.creativecommons.org.

In addition, supplemental Privacy Policy terms (“Supplemental Privacy Policy Terms”) may apply to a particular Service, such as the Scholar’s Copyright Addendum Engine ( http://sciencecommons.org/resources/supplemental-privacy-policy/) and rightsback.org (https://rightsback.org/privacy-policy/). All such Supplemental Privacy Policy Terms will be accessible for you to read either within, or through your use of, that particular Service.

This Privacy Policy also explains our commitment to you with respect to our use, processing, transfer and disclosure of non personal browsing and site usage data that Creative Commons collects as the provider of the Services. “Non personal browsing and site usage data” refers to information that CC collects indirectly and automatically about your activities while visiting the Websites and using the Services through tools such as Google Analytics. The type of information that we collect focuses on general information such as general location such as country or city where you are located (not intentionally fine-grained location information), pages visited, heat-map of visitors’ activity on the site, information about the browser you are using, etc. In addition, whenever you use a CC Login Service to log into a Website or use the Services, our servers (which, again, may be hosted by a third party service provider) keep a plain text log of the websites you visit and when you visit them. CC does not deliberately track people over the Internet. See section 11, below for more information about this.

As used in this policy, “personal information” means information that would allow a party to identify you such as, for example, your name, address or location, telephone number, or email address or information from which a person could deduce your identity.

By accessing or using any of the Services, you are accepting and agreeing to the practices described in this Privacy Policy.

2. Our Principles

Creative Commons is committed to handling responsibly the personal information and data we collect and process about you through our Services, whether personal information or non personal browsing and site usage data. We have designed our Privacy Policy consistent with the following principles (the “Principles”):

  • Privacy policies including provisions regarding data collection, processing and use, should be human readable, comprehensive, and easy to locate;
  • Only the minimum amount of personal information reasonably necessary to provide you with services should be processed, collected and maintained, and only for so long as reasonably needed or required, consistent with the principles of proportionality; and
  • Personal information you provide through our Services, or that we gather as a result of your use of our Services, should not be used for marketing or advertising purposes, nor should it be provided voluntarily (without your permission) to anyone else unless required.

3. Personal Information CC Collects

We may collect and process personal information through our Services, including without limitation:

  • in connection with your selection of one of our licenses or legal tools including CC0 or the Public Domain Mark;
  • when you provide us with your personal information such as by sending an email to us or signing up to receive updates from Creative Commons, including the CCGN;
  • when you subscribe to one of our email discussion lists;
  • when you donate money to us or purchase merchandise;
  • when you apply for a funding opportunity or participation in one of our programs, such as applying for a scholarship to the CC global summit;
  • when you create a CC Login Service account;
  • when you apply for membership in the CC Global Network (the “CCGN”) or use the CCGN website;
  • if you respond to a membership applicant’s request that you be a voucher for his, her or its membership application; and
  • when you provide personal information in connection with your participation in any of the forums we make available through our Services.

Specifically, the following personal information at a minimum will be collected, processed and transferred as set forth below when you apply for membership in the CCGN:

  • Name;
  • Email address;
  • Brief bio (including links and references);
  • Brief summary of why you want to be a member of CCGN;
  • Areas of interest;
  • Languages;
  • Country in which you are located and/or with which you have voluntarily chosen to be associated;
  • URLs and links to social media;
  • A personal photo for your profile (if that feature is enabled and you voluntarily supply a photo);
  • Whether you are currently or have previously been associated with a CC affiliate institution or are or have previously been an individual CC affiliate;
  • Personal qualities that relate to your candidacy for membership; and
  • Any other information that you elect to provide or that CC may request.

Some of this personal information (along with your new user ID) will be used to create your CCGN member profile if your application is approved. Some of that information will be public (user ID, name and photo (if the feature is enabled and you have voluntarily supplied it), and some of that information will only be accessible by other CCGN members (email address, brief biography, languages, country in which you are located and/or with which you have voluntarily chosen to be associated, URLs and social media, and similar)).

If you are designated as a voucher by an individual or an institution applying for membership in the CCGN, the following personal information may be collected about you as a voucher:

  • Name;
  • Email address;
  • Information on how you know the candidate and your opinion (deciding in favor of vouching, as to why your favor the candidate);
  • Country in which you are located and/or with which you have voluntarily chosen to be associated;
  • URLs and links to social media; and
  • Any other information that the voucher elects to provide or that CC may request.

4. What CC Does with Personal Information

License/Tool Selection . We use the personal information you provide to us as part of your selection of one of our licenses/tools to provide you the RDF, html and the uniform resource locator that correspond to the license/tool you selected. Some older versions of the license chooser enable Creative Commons to send you this information via email. In those cases, your email address is expunged after this email has been sent. We may use all of this information to maintain license/tools usage data.

Emails and Newsletters . We use the personal information you provide to us when you send us emails or sign up to receive updates from Creative Commons in order to respond to your request – for example, to reply to your email or to send you communications about Creative Commons news and campaigns.

When you subscribe to updates from us, your email address is sent to and stored in a Customer Relationship Management (CRM) database (such as MailChimp, or CiviCRM) hosted on servers that can only be accessed by Creative Commons staff and contractors. CC may change CRM system(s) from time to time. When you subscribe to one of our email discussion lists, your name and email address is sent to and stored by (1) ibiblio.org ( http://www.ibiblio.org/), currently a collaboration between the Center for the Public Domain ( http://www.centerforthepublicdomain.org/) and the University of North Carolina – Chapel Hill  ( http://www.unc.edu/), (2) Creative Commons, and/or (3) another service with which Creative Commons has engaged to provide email support (such as a CRM system as mentioned above). Personal information submitted as part of our email discussion lists is used for the purpose of managing the discussion lists. Your name and email address typically will be visible to other list participants when you correspond on the list and to the general public in the discussion archives. All emails sent to the discussions lists are publicly archived.

Events: If you sign up for an event hosted or supported by Creative Commons, we may share your personal information with vendors and third party contractors solely for the purpose of organizing and running the event. Additionally, if you sign up to participate in a CC-sponsored event, including without limitation a CC Global Summit, you may be asked to enter your name, address, and account information in connection with your payment for attendance. Currently, CC uses Stripe for payment, but CC may use additional methods for payment. You affirmatively consent and agree that CC may use and process your information in connection with the use and processing of your attendance with any such third party payment processors for purposes of processing your payment. Your information is subject to the privacy policies of such third party websites, and you affirmatively consent to the transfer of your information to those websites and service providers. CC is not be responsible for their handling, processing and use of your information.

Funding opportunities or participation in our programs. When you apply for a scholarship or grant from Creative Commons, or when you apply to be selected to participate in one of our programs, CC will collect certain personal information from you in order to evaluate your application. We will share that information with the people who are designated to select participants in those programs, which may include people not employed by Creative Commons.

Donations . When you donate money, goods or services to us, purchase merchandise via our support page, or pay for attendance at an event (including the CC Global Summits), your personal information will be handled depending on which option you choose.

If you purchase merchandise from the Creative Commons store ( http://store.creativecommons.org/), your personal information will be used for the purpose of sending you the items you purchased. If you sign up to receive updates from Creative Commons when you check out from the store, we will use your personal information to send you communications about Creative Commons news and campaigns.

You may donate money to Creative Commons directly or through a variety of on-line payment sites, currently including PayPal, JustGive.org, Good Search, Network for Good, and Mission Fish, among others. When you use any of those websites and services to donate to CC, your personal information is sent to, processed by and stored by those websites in accordance with their respective privacy policies and terms of use. You should read and understand the privacy policy and terms of use of any website you use to donate to Creative Commons. When you donate to Creative Commons directly, we use your personal information to process your donation. When you donate as part of one of CC’s fundraising campaigns, your name will be published on our “supporters page” unless you request otherwise. If you sign up to receive updates from Creative Commons when you provide your donation, we will use your personal information to send you communications about Creative Commons news and campaigns.

5. ccNet Website

This service is no longer accepting new accounts, but if you previously created a ccNet account, you may still access and use it. When you joined ccNet, you provided personal information to create your account and establish a password and profile, and to create an OpenID. We use that personal information to establish and maintain your accounts, provide you with the features we provide for account holders, to act as your OpenID service provider, and for the purpose of contacting you about upcoming news and events relevant to Creative Commons.

By joining ccNet, you were also given a public profile page where you can voluntarily post personal information for public viewing. The information that you submit on your public profile page, including but not limited to information you provide in the field “Your CC Story” and any photograph or image of yourself you choose to upload, is posted by you at your discretion (although subject to ccNet’s Master Terms of Use). You should not post photos or images of other persons without their express consent. The information you publish on your public profile page, including your personal information, may be used by anyone who views that information for any lawful purpose, with the exception of the text you insert in the “Your CC Story” field and any photograph or image of yourself that you upload, which if you choose to provide in either case must be licensed under and becomes subject to the terms and conditions of the Creative Commons Attribution 3.0 Unported License, as stated on the Edit Profile page. CC may use the personal and non personal browsing and site usage date (as described above) you provide in your public profile, including the text in the “Your CC Story” field (subject to the terms of that license), to promote the mission of Creative Commons.

6. CC Global Network (CCGN)

In connection with your application to the CCGN or use of the CCGN website, you will be required to provide certain personal information. We use and process that personal information to evaluate your application, establish and maintain your account, provide you with the features we provide for account holders, and for the purpose of contacting you about upcoming news and events relevant to Creative Commons and the CCGN. In connection with your application you will be required to have one or more members of the CCGN provide information about you in order to vouch for you as a potential member of the CCGN. You hereby consent to those individuals providing such information about you that we reasonably request. The personal information provided in connection with your application to the CCGN, whether by you or a member of the CCGN vouching as you voluntarily request on your behalf, will be used by the CCGN including its Membership Council (interim and/or permanent) and Creative Commons to evaluate your application.

If you are admitted to the CCGN you will be given a public profile page where you can voluntarily post personal information for public viewing. Certain personal information that you submit to or make available on your profile page, including your name, areas of interest, images and other content you upload may be used by anyone who views that information for any lawful purpose. Additional personal information that you submit to your profile page, including your biographical information, languages spoken, country of residence or country with which you wish to be associated or similar, social media account information or URL details may be viewed and used by other members of the CCGN. Further, if you are admitted, your information will be transferred to and from the various fora that further the CC mission and enable the CCGN, including chapters, the CCGN, platforms and working groups, HQ and the Membership Council for purposes of governance participation, activity interaction, and other purposes related to the mission, vision and activities of CC.

Whether your CCGN membership application is rejected or accepted, the personal information that was collected from you and from the voucher will be deleted after 21 days of CC’s sending out the decision, with the exception of the voucher’s decision (e.g., vouch for applicant / does not vouch for applicant) and your then-existing or prior affiliation(s) as or with a CC affiliate.

Information provided by vouchers related to your identity and decision (i.e., whether or not you (the voucher) vouched for the applicant) will be retained.

See sections 15 and 22 below for additional information.

7. Participating in the CCGN

Registered Users . When you register to obtain a user account on any of the Services (any such person, a “Registered User”), including but not limited to a CC Login Service or the CCGN website, you may be asked to provide personal information to create your account and establish a password and profile. We generally encourage you to use an alias or nickname if you are not comfortable providing your legal name. The name or nickname you provide in connection with your account may be used to attribute you in connection with any content you submit to any Service. We also use that personal information to establish and maintain your account, to provide you with the features we provide Registered Users, and to email you regarding changes to this policy or other applicable policies. If you sign up to receive updates from Creative Commons when you create your account, we will use your personal information to send you communications about Creative Commons news and campaigns.

Any other personal information that we may collect which is not described specifically in this Privacy Policy will only be collected, processed, transferred and used in accordance with the Principles and as stated herein.

8. Disclosures of Personal Information

In general, it is not Creative Commons’ practice to disclose personal information to third parties other than as made available on the Services. Except as otherwise set forth herein or for providing you with attribution using your CC Login Service name or nickname (as you have elected) in connection with your CC-licensed works, we may share your personal information in the following instances:

  1. First, Creative Commons may share personal information with our contractors and service providers in order to maintain, enhance, or add to the functionality of the Services, to organize and run an event you signed up to attend, to evaluate your application for funding and/or participation in a program run by Creative Commons, or to otherwise run any CC program or activity in which you have chosen to participate. 
  2. Second, we may disclose your personal information you provide in connection with your application to the CCGN or use of the CCGN website, including to those individuals who you select to vouch for your acceptance as a member of the CCGN and those reviewing your application, and the Membership Counsel (interim and/or permanent) whose members are located in various countries (such as Colombia, El Salvador, Australia, Canada, Malaysia, Argentina, South Korea, Poland, Ghana, Brazil, United States, Japan, Netherlands, Chile, and Guatemala), for the purpose of making a decision about your application.
  3. Third, if you are a voucher, we may disclose your personal information to (a) the Membership Council (interim and/or permanent), for the purpose of confirming the voucher’s identity and for making a decision about the applicant, and (b) the applicant should the applicant decide to invoke his or her right of access and correction as discussed below in sections 21 and 22.
  4. Fourth, we may disclose your personal information to third parties in a good faith belief that such disclosure is reasonably necessary to (a) take action regarding suspected illegal activities; (b) enforce or apply our Master Terms and this Privacy Policy; (c) enforce our Charter [link] including the Code of Conduct and policies contained and incorporated therein, (d) comply with legal process, such as a search warrant, subpoena, statute, or court order; or (e) address legitimate interests pursued by Creative Commons or by a third party (except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child) and ensure our compliance with applicable laws.

For the purposes listed in section 3 above, Creative Commons may transfer your personal information to Creative Commons affiliates, members, chapters, and third parties that provide products or services to Creative Commons. The majority of consultants that Creative Commons is using as of the effective date of this Privacy Policy were located in the United States and in Canada, but this may change from time to time. For example, Creative Commons has engaged a third-party Internet service to provide hosting services for some of our Websites based in the United Kingdom.

When personal information is directly transferred to an affiliate, member, Chapter or a third party provider located in a country including those listed above, that may not provide a level of protection equivalent to the laws in your jurisdiction, Creative Commons will exercise appropriate due diligence in the selection of such recipients, and require that these recipients maintain adequate technical and organizational security measures to safeguard the personal information and process the personal information only as instructed by Creative Commons and for no other purposes. See also section 20 below.

9. Security of Personal Information Collected via the Services

Creative Commons has implemented reasonable physical, technical, and organizational security measures for personal information that Creative Commons processes, transfers, stores and controls against accidental or unlawful destruction, or accidental loss, alteration, unauthorized disclosure or access, in compliance with applicable law. However, no website can fully eliminate security risks. Third parties may circumvent our security measures to unlawfully intercept or access transmissions or private communications. If any data breach occurs, we will post a reasonably prominent notice to the Websites and comply with all other applicable data privacy requirements including, when required, personal notice to you if you have provided and we have maintained an email address for you.

The CC Login Services account systems have security risks in addition to those described above. Among other things, they are vulnerable to DNS attacks, and using any CC Login Service may increase the risk of phishing. See “More about CC Login Services” below and other information about those services throughout this Privacy Policy.

10. Information from Cookies and Similar Technologies

We and our service providers (for example, Google Analytics as described in section 1 above) may collect information using cookies or similar technologies for the purposes described above and below. Cookies are pieces of information that are stored by your browser on the hard drive or memory of your computer or other Internet access device.  Cookies may enable us to personalize your experience on the Services, maintain a persistent session, passively collect demographic information about your computer, and monitor advertisements and other activities.  The Websites may use different kinds of cookies and other types of local storage (such as browser-based or plugin-based local storage).

11. Non Personal Browsing and Site Usage Information We Process and Collect

When you use the Services, our servers (which may be hosted by a third party service provider) may process and collect information indirectly and automatically (through, for example, the use of your “IP address”) about your activities while visiting the Websites and using our Services, and information about the country you are located in and the browser you are using. In addition, we use website and application analytics services provided by third parties that use cookies and other similar technologies to collect information about the use of the Websites and Services, and to report trends, without identifying individual visitors (this is all “non personal browsing and site usage information” for purposes of this Privacy Policy and as described in section 1, above). The third parties that provide us with these services may also collect information about your use of third-party websites. You can learn about Google’s practices in connection with this information collection and how to opt out of it by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout. Whenever you use your CCGN website account or a CC Login Service, our servers (which, again, may be hosted by a third party service provider) keep a log of the websites you visit and when you visit them. We may share the non personal browsing information we collect with our third party service providers in connection with the services they provide.

12. No Linking

We do not intentionally link browsing information or information from our CC Login Services server logs to the personal information you submit to us. We use this information for internal purposes only, such as to help understand how the Services are being used, to improve our Services, and for systems administration purposes. CC may use a third party analytics provider (for example, Google Analytics as discussed in section 1 above) to help us collect and analyze non personal browsing and site usage information through operation of our Services for those same purposes.

In connection with your use of the Services, you may tag content, create lists of favorite content, and do other things to personalize your experience. You should not, however, tag other persons or post photographs or other images or likenesses without that other person’s express consent. This information will be retained by Creative Commons in connection with the relevant CC Login Service.

13. No Selling or Sharing

Except in the unique situations identified in this Privacy Policy, Creative Commons does not sell or otherwise voluntarily provide the non personal browsing information we collect and process about you or your website usage to third parties.

14. No Access; More about CC Login Services

As a provider of CC Login Services, CC could access your web-based account tied to such services, and could log in on behalf of any of Registered Users to any of the accounts they have accessed using the CC Login Services. Creative Commons will never use this technical login ability for any purpose except as required by law.

15. Data Retention

CC generally discards non personal browsing information from our CC Login Services and CCGN website once we have used the information for the limited purposes noted above under “No Linking” and described elsewhere in this Privacy Policy. Nevertheless, we may, but are not obligated to, retain certain data in connection with routine information technology backups and for archival purposes.

When a CCGN membership application is rejected or accepted, the personal information that was collected from the applicant and from the voucher will be deleted after 21 days of CC’s sending out the decision, with the exception of the voucher’ decision (e.g., vouch for applicant / does not vouch for applicant) and your then-existing or prior affiliation(s) as or with a CC affiliate. Personal information submitted by someone acting as a voucher and collected for the purpose of providing a voucher for an applicant that is rejected or accepted will be deleted after 21 days from the time CC sends out its decision, with the exception of the voucher’s actual decision (i.e., whether or not he or she vouched for the applicant, but none of the statement(s) that he or she may have provided).

16. Notice

Any other non-personal information that we collect which is not described specifically in this Privacy Policy will only be collected, processed, transferred and used in accordance with the Principles.

17. Reorganization or Spin-Offs

Creative Commons may transfer some or all of your personal and/or non personal browsing information to a third party as a result of a reorganization, spin-off, or similar transaction. Upon such transfer, the acquirer’s privacy policy will apply. In such event, Creative Commons will use reasonable efforts to notify you and to ensure that at the time of the transaction the acquirer’s privacy policy complies with the Principles and with all applicable laws.

18. Children

The Services are not directed at children under the age of 13. Consistent with the U.S. federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personal information from anyone under the age of 13 without requiring parental consent. Our Master Terms specifically prohibit anyone using our Services from submitting any personally identifiable information about persons under 13 years of age. Any person who provides their personal information to CC through the Services represents that they are 13 years of age or older.

19. Third-Party Sites

The Services may include links to other websites. You should consult the respective privacy policies of these third-party sites. This Privacy Policy does not apply to, and we cannot control the activities of, such other websites.

20. Special Note to International Users

If you are accessing or using the Services in regions with laws governing data collection, processing, transfer and use, please note that we may transfer your information to recipients in countries other than the country in which the information was originally collected. Those countries may not have the same data protection laws as the country in which you initially provided the information. The Services are hosted in the United States and the United Kingdom. Please note that your personal information may be located on servers in the United States and/or the United Kingdom. By providing your personal information and by checking all required boxes when you apply for membership in the CCGN or otherwise access and use our Services or Websites, you expressly consent to the use of your personal information for the uses identified above in accordance with the Privacy Policy.

The personal information you provide to Creative Commons when you apply for CCGN membership will be shared with the members of the Membership Council (interim and/or permanent) for the purpose of making a decision on your application. These members may be located in countries other than the country in which the information was originally collected, for instance Colombia, El Salvador, Australia, Canada, Malaysia, Argentina, South Korea, Poland, Ghana, Brazil, United States, Japan, the Netherlands, Chile, and Guatemala. The data protection laws of such countries might not provide a level of protection equivalent to the laws in your jurisdiction. Creative Commons will exercise appropriate due diligence in the selection of such members, and require that these members maintain adequate technical and organizational security measures to safeguard the personal information and process the personal information only as instructed by Creative Commons and for no other purposes. Data transferred from the European Union to the United States or outside the European Union will be made on the grounds of a certification to the E.U./U.S. Privacy Shield regime and/or a data transfer agreement based on the Standard Contractual Clauses approved of by the European Commission respectively, consistent with applicable data privacy requirements.

21. Accuracy of Personal Information Collected

Creative Commons intends to keep personal information accurate and up-to-date. We also retain personal information no longer than is necessary to carry out the purposes described in section 3 above, or as required by law. If changes need to be made to your personal information, please notify us (as identified below, see the “Questions” section) right away. If you inform us of changes or we otherwise become aware of any factual inaccuracies in personal information, we will promptly make changes as appropriate. You also have the option to update some of your personal information yourself via your Creative Commons account or profile if you have one.

22. Access to Personal Information

Along with all other rights granted to you under applicable laws, you may at any time request to be informed of personal information that Creative Commons holds. If you wish to access such personal information, you should apply in writing to Creative Commons (as identified below, see the “Questions” section). You are generally entitled to access personal information that Creative Commons holds and to have inaccurate data corrected or removed to the extent CC still maintains it. In certain circumstances, you also may have the right to object for legitimate reasons to the processing or transfer of personal information.

If you applied for CCGN membership or acted as a voucher for an applicant, you are generally entitled to access the personal information that Creative Commons holds at the time of your request. However, with the exception of the voucher’ decision (e.g., vouch for applicant / does not vouch for applicant) and the applicant’s past affiliation(s) with a CC affiliate institution, please note that such data will only be retained by Creative Commons for 21 days of CC’s sending out the decision, as described in section 15 above. Thereafter, any other personal information related to the membership application process, including any vouchers’ personal statements or submissions, will be deleted.

23. Changes and Updates to this Privacy Policy

We may occasionally update this Privacy Policy. When we do, we will provide you with notice of such update through (at a minimum) a reasonably prominent notice on the Websites and Services, and will revise the Effective Date below. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting, using, processing and transferring the personal information we collect.

24. Using this Privacy Policy for Your Own Purposes

The text (but not trademarks, including CC’s name, branding, and look-feel of this site) of this Privacy Policy is dedicated to the public domain under the Creative Commons CC0 Public Domain Dedication. You are free to use and adapt this Privacy Policy and any applicable Supplemental Privacy Policy Terms for your own purposes but not in connection with the Services of Websites. These terms are provided AS-IS and without any warranty of any type whatsoever (see the text of the CC0 for more). Keep in mind that this Privacy Policy may not be suitable for your situation. Creative Commons strongly encourages you to seek the advice of your own attorney before repurposing this Privacy Policy on your own site. CC is not your attorney, and this is not legal advice.

25. Questions?

If you have questions about this Privacy Policy, please contact us by email at legal@creativecommons.org.

Effective Date: 7 November 2017. For an archive of previous CC privacy policies, see here.

#####EOF##### ShareAlike compatibility: GPLv3 - Creative Commons

ShareAlike compatibility: GPLv3

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This page documents the primary decisions made by Creative Commons when considering the GNU General Public License version 3 (the "GPL") for one-way ShareAlike compatibility pursuant to the compatibility process and criteria.

Timeline

  • The GPL was proposed by CC and the Free Software Foundation as a candidate for one-way compatibility on 29 January 2015.
  • CC published a preliminary analysis of compatibility with GPL on its wiki.
  • Public discussion period ran from 29 January to 2 April 2015.
  • Compatibility determination published on __ September 2015 and GPLv3 added to the CC compatible license page

License texts analyzed

How one-compatibility operates

When someone creates an adaptation of a BY-SA licensed work and includes it in a GPLv3-licensed project, both licenses apply and downstream users must comply with both licenses. However, Section 2(a)(5)(B) of BY-SA 4.0 allows anyone who receives the adapted material downstream to satisfy the conditions of both BY-SA and GPLv3 (i.e. attribution and ShareAlike) in the manner dictated by the GPLv3.

People may *not* adapt a GPLv3-licensed work and use BY-SA to license their contributions. This is not allowed by GPLv3. Thus, this compatibility determination only allows movement one way, from BY-SA 4.0 to GPLv3.

For more information, see the compatibility-specific FAQs and explanatory information here. We also encourage you to read this list of considerations before applying the GPLv3 as the adapter’s license.

Gatekeeping determination

In 2008, Creative Commons published the CC Attribution-ShareAlike Statement of Intent, in which CC articulated its intentions as steward for the SA licenses. In point 4 of the statement, CC commits that "any candidate for compatibility must also satisfy the definition of a Free Cultural License set out in the Definition of Free Cultural Works." This criteria serves as the initial gatekeeping factor for all candidate licenses.

The General Public License v.3 is listed as a Free Cultural License, and conforms to the Open Definition.

Policy decisions

Attribution

The specific attribution and marking requirements in the two licenses vary slightly.

BY-SA 4.0 requires:

  1. creator and attribution parties (if supplied)
  2. copyright notice (if supplied)
  3. license notice (if supplied)
  4. disclaimer notice (if supplied)
  5. URI or link to the licensed material (if supplied)
  6. indicate and link to license

If you change the work, BY-SA also requires you to indicate that you did so and retain any notice on the work about previous changes made to it. BY-SA requires reusers to remove attribution if practicable when requested by the licensor.

GPLv3 requires:

  1. copyright notice
  2. license notices and notice of Section 7 additional conditions (if supplied)
  3. notices about lack of warranty (if supplied)
  4. copy of the license

If you change the work, GPL requires you include a prominent notice to indicate that you did so, along with the relevant date. It also requires special notices for certain interactive user interfaces. GPLv3 does not have an attribution removal clause.

When BY-SA 4.0 content is adapted and used in a GPLv3-licensed project, the adapter has to comply with the BY-SA attribution and marking requirements. However, Section 2(a)(5)(B) of BY-SA 4.0 enables downstream reusers of the GPL-licensed project to look to the GPL to satisfy their obligations under both licenses. CC determined that GPL-style attribution would satisfy the expectations of BY-SA licensors.

License scope

The tone and scope of the two licenses differ, due largely to the fact that the GPLv3 was designed for use with software and software-like works. Both licenses are primarily designed to license copyright, but each license also covers some rights closely related to copyright. GPL covers “copyright-like laws that apply to other kinds of works, such as semiconductor masks,” while BY-SA covers “Copyright and Similar Rights,” which is defined to include neighboring rights, sui generis database rights, and other closely-related rights.

The most significant difference in license scope is the treatment of patent rights. BY-SA expressly reserves patent rights to the licensor, while GPLv3 expressly includes a patent grant from each contributor.

Because patent rights are expressly excluded from BY-SA, there is no reliable claim of an implied license to do things with a BY-SA licensed work that implicate patent rights. From a compatibility perspective, this means that when a BY-SA work is adapted and included in a GPL-licensed project, downstream users of the project would not have patent rights (if any) to the adapted BY-SA work. (Although the GPL includes a patent license, the scope of rights licensed by the BY-SA licensor cannot be unilaterally expanded by an adapter who choses to apply the GPL, just as it is not expanded when an adapter applies a later version of BY-SA that licenses more rights than the original.)

This creates the possibility that a downstream user of a GPL project will mistakenly assume that all patent rights are treated as they are in GPLv3 when in fact they are not. We have determined, however, that this should not prevent a determination of one-way compatibility because it is largely an academic problem. Rarely (if ever) would a BY-SA work be subject to patent rights that would be implicated by reproducing or adapting the content.

Source

The GPL requires that works be distributed with source or that source be made available (with “source” being the preferred form for making modifications to the work). BY-SA does not impose a similar requirement. Instead, BY-SA licensors are free to distribute their works in any format, whether or not modifiable.

With one-way compatibility to the GPL, no new obligations are imposed under the BY-SA license, either upon the original licensor or any downstream adapter who wishes to license their contributions under the GPL instead of BY-SA. However, those who adapt BY-SA works and choose to license their contributions under the GPL do, however, have to comply with the GPL obligation to distribute or make available the work in the preferred form for making modifications. If an adapter cannot provide or make available source either because she never received the work in modifiable format from the BY-SA licensor or cannot convert the content to modifiable format, then that person cannot take advantage of the one-way compatibility declaration and use the GPLv3 for her contributions.

Effective technological measures

BY-SA prohibits application of ETMs by licensees if those measures would prevent others from exercising their rights under the license. In contrast, the GPL does not explicitly prohibit application of DRM and other ETMs. Instead, it addresses any potential lockdown of licensed works by requiring distribution of source code in a modifiable form.

This difference is not problematic, because in order to comply with GPLv3 the adapter must provide source. As stated in the previous section, if an adapter cannot provide or make source available, she cannot take advantage of the one-way compatibility declaration and may not use GPLv3 for her contributions.

License termination

Both licenses terminate automatically upon breach. BY-SA 4.0 is reinstated automatically if the violation is cured within 30 days of discovery, whether it is the first violation or one of several subsequent violations. GPLv3 is reinstated automatically for first-time violators who cure within 30 days of receiving notice of the violation from the copyright holder, and is reinstated after subsequent violations if it has been corrected for 60 days without the licensor's objection. This difference means that a user of a combined BY-SA adaptation and GPL work may have the right to use some portion but not all portions of the larger work, depending on whether rights have been reinstated under the respective licenses. In practice, however, this difference is not overly problematic and is not be an obstacle to declaring one-way compatibility, since the large majority of licensors and licensees in both communities resolve license violations amicably.

Option to comply with later versions

GPLv3 gives licensees the option to comply with a later version of the GPL if the licensor has so specified, or to use *any* version of the GPL if no version number was specified, regardless of whether the work has been adapted. BY-SA 4.0 allows licensees to comply with the conditions of future versions of BY-SA, but only if that version was applied to an adaptation of the work. Because this compatibility determination is limited to version 3 of the GPL, reusers that adapt BY-SA 4.0 content and incorporate it into GPL-licensed projects are only able to use GPLv3 unless and until other GPL versions are declared compatible. With solid education for both communities and encouragement of clear marking by licensors, we do not feel this is an obstacle to compatibility.

GPL licensors who are concerned with enabling use under later versions do have the option of using the proxy provision in the GPLv3 to address this limitation. Section 14 of GPLv3 allows licensors to specify a proxy to determine whether future versions of the GPL can be used. Therefore, if someone adapts a BY-SA 4.0 work and incorporates it into a GPLv3-licensed project, they can specify Creative Commons as their proxy (via http://creativecommons.org/compatiblelicenses) so that if and when Creative Commons determines that a future version of the GPL is a compatible license, the adapted and combined work could be used under that later version of GPL.

Related policy notes

Creative Commons consulted extensively with the Free Software Foundation during the 4.0 versioning process, as well as throughout the compatibility process on the policy matters described above. The final determination and policy statements above reflect the best interpretations by both stewards of their respective licenses.

Considerations for adapters applying the GPLv3

Because of the limited one-way nature of this compatibility determination and because GPLv3 is designed for software, there are a few particular considerations to take into account before applying the GPLv3 as the adapter’s license when adapting BY-SA 4.0 works.

  • This one-way compatibility mechanism with GPLv3 is not for general use. It was designed to help solve a specific problem for those working in niche areas where content is adapted and melded with code. Please take advantage of it only when you are adapting BY-SA 4.0 works and incorporating the adaptation into GPLv3 software in ways that make it difficult or impossible for downstream users to distinguish the content from code.
  • BY-SA does not include a patent license. We recommend against applying GPLv3 if you have any reason to suspect that any patent rights held by the original BY-SA 4.0 licensor could pose a problem for downstream users.
  • BY-SA 4.0 works may not be available in the preferred form for making modifications. Do not apply the GPLv3 if you cannot comply with the source requirement in the GPL.
  • This compatibility determination only applies to BY-SA 4.0 and GPLv3. You must specify version 3 of the GPL when redistributing a GPL project into which BY-SA 4.0 content is adapted. Please see above for information on how to deal with this if you are particularly concerned with enabling compatibility with future versions of the GPL.

Notes

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#####EOF##### Government use of Creative Commons - Creative Commons

Government use of Creative Commons

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Argentina


Australia

Australian government reports recommending CC usage

Austria

Open Government Data Portal by the City of Vienna under CC BY.

Brazil

Bulgaria

Canada

  • Montreal, Québec, Gatineau, Sherbrooke and the Quebec government have adopted CC BY 4.0 International for their open data.
  • Canada has developed the Government of Canada Open Data License Agreement for their open data portal website Government of Canada Open Data Pilot Project. While not a Creative Commons license it would seem that this is heavily inspired by the Creative Commons philosophy and has many similar aspects. The license includes sections on 1.0 Definitions; 2.0 Intellectual Property Rights; 3.0 License Grant; 4.0 Acknowledgement of Source; 5.0 No Warranty and no Liability; and 6.0 Effective Date and Termination.
  • The license permits individuals or commercial interests to use, reproduce, or add value to government data provided they use the required attribution and that they do not imply any warranty to, nor make any claim of exclusive rights to the data.
  • This has similarities to the Open Government Licence for public sector information used in the United Kingdom as seen farther down this list.

Chile

Croatia

  • http://otvorenikod.nsk.hr - Centar za otvoreni kod, Nacionalna i sveučiliÅ¡na knjižnica u Zagrebu / Center for Open Source, National and University Library in Zagreb, licensed under CC BY SA 3.0 Croatia.

Czech Republic

European Union

  • The European Commission released licensing recommendations to support the reuse of public sector information in Europe. In addition to providing guidance on baseline license principles for public sector content and data, the guidelines suggest that Member States should adopt standardized open licenses – such as Creative Commons licenses. "Open standard licences, for example the most recent Creative Commons (CC) licences (version 4.0), could allow the re-use of PSI without the need to develop and update custom-made licences at national or sub-national level. Of these, the CC0 public domain dedication is of particular interest. As a legal tool that allows waiving copyright and database rights on PSI, it ensures full flexibility for re-users and reduces the complications associated with handling numerous licences, with possibly conflicting provisions."

France

Georgia

Greece

Guatemala

Indonesia

  • The Government of Indonesia launched "Portal Data Indonesia", one stop Indonesia open data, today, using CC-BY license as its copyright policy: http://data.id/

Israel

Italy

Korea

Macedonia

Mexico

Netherlands

New Zealand

  • NZ Government Open Access and Licensing (NZGOAL) framework standardises the licensing of government copyright works for re-use using Creative Commons licences and recommends the use of ‘no-known rights’ statements for non-copyright material. It is widely recognised that re-use of this material by individuals and organisations may have significant creative and economic benefit for New Zealand. It was released for public discussion on August 27, 2009 and approved by Cabinet on July 5, 2010. The framework will enable greater access to many public sector works by encouraging State Services agencies to license material for reuse on liberal terms, and recommends Creative Commons as an important tool in this process.
  • In 2011 The Ministers of Finance and Internal Affairs adopted a statement detailing a new Declaration on Open and Transparent Government. The Declaration has been approved by Cabinet, and directs all Public Service departments, the New Zealand Police, the New Zealand Defence Force, the Parliamentary Counsel Office, and the New Zealand Security Intelligence Service; encouraged other State Services agencies; and invited State Sector agencies to commit to releasing high value public data actively for re-use, in accordance with the Declaration and Principles, and in accordance with the NZGOAL Review and Release process.

Poland

Russian Federation

Serbia

Spain

Taiwan

Ukraine

United Kingdom

Venezuela

  • The Canaima project aims to give one laptop computer to every pupil in Venezuela (300,000 computers has been distributed so far) is preloaded with educational content (about 400 pieces of content) all of it is licensed under CC BY-NC-SA 3.0.

United States

Federal

State

  • New York State Senate, Senate Content, CC-BY-NC-ND with CC+ allowing non-political fundraising use of content.
  • State of Virginia, legislation that indicates a preference for state-funded materials to be released with a CC (or equivalent open) license.
  • Washington State open policy and requirement of CC BY
  • New Hampshire adopts Open Source and Open Data requirements (policy friendly to CC use, but not a specific CC tool adoption)
  • OER K-12 bill passed in WA state. The focus of the bill is to help school districts identify existing high-quality, free, openly licensed, common core state standards aligned resources available for local adoption; in addition, any content built with public funds, must be licensed under “an attribution license” (CC BY)
  • The city of Washington, D.C. has made available an unofficial copy of the DC Code under the CC0 Public Domain Dedication.

Intergovernmental Organizations

Commonwealth of Learning

European Cultural Foundation

European Funded

  • http://www.communia-project.eu/about COMMUNIA - The European Thematic Network on the Digital Public Domain, funded by the European Commission (the executive of the European Union), CC BY-SA (Unported).
  • European Organization for Nuclear Research (CERN) - CERN publishes its book catalog online as open data using the CC0 public domain dedication and the results of some Large Hadron Collider (LHC) experiments are published under various Creative Commons licenses.

Inter-American Development Bank

  • The Inter-American Development Bank is requiring the adoption of Creative Commons by the organizations that receive funding from the Bank in the context of the FOMIN (Fondo Multiateral de Inversiones) initiatives, particularly the ICT4BUS, a fund that promotes the adoption of e-commerce in the American continent, which has financed more that thirty initiatives in Brazil, Argentina, Chile, Nicaragua and other Latin American countries. Banks require those initiative to use the GPL to license any software developed by organizations receiving support from the bank, and CC to license the documentation related with those computer programs, such as user manuals.

International Institute for Democracy and Electoral Assistance

United Nations

World Bank

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#####EOF##### Terms pre 2018-05-25 - Creative Commons
Creative Commons > Terms of Use > Terms pre 2018-05-25

Terms pre 2018-05-25

Creative Commons Master Terms of Use

Effective as of 7 November 2017 (previously updated 22 December 2014 and 7 February 2017)

1. General Information Regarding These Terms of Use

Master terms: Welcome, and thank you for your interest in Creative Commons (“Creative Commons,” “CC,” “we,” “our,” or “us”). Unless otherwise noted on a particular site or service, these master terms of use (“Master Terms”) apply to your use of all of the websites that Creative Commons Corporation operates. These include http://creativecommons.org, http://wiki.creativecommons.org, http://openpolicynetwork.org, http://open4us.org, https://ccsearch.creativecommons.org/, http://teamopen.cc, http://donate.creativecommons.org, http://thepowerofopen.org, https://network.creativecommons.org and http://creativecommons.net, together with all other subdomains thereof (the “ccNet Website”), (collectively, the “Websites”), as well as the products, information, and services provided through the Websites, including without limitation the license chooser, legal tools, the CC Login Services (defined below), and the CC Global Network community website (the “CCGN website”) (the CCGN websites together with the Websites, the “Services”). Creative Commons does not operate the website at http://ccmixter.org. Furthermore, this Privacy Policy does not apply to any of the websites operated by affiliates or chapters of Creative Commons unless expressly provided on those websites or any subdomains of the Websites. For purposes of these Master Terms, “CC Login Services” refers to CC’s implementation of the OpenID standard used on the ccNet Website, and the Central Authentication Service (CAS protocol) used on https://login.creativecommons.org

Additional terms: In addition to the Master Terms, your use of any Services may also be subject to specific terms applicable to a particular Service (“Additional Terms”). If there is any conflict between the Additional Terms and the Master Terms, then the Additional Terms apply in relation to the relevant Service.

Collectively, the Terms: The Master Terms, together with any Additional Terms, form a binding legal agreement between you and Creative Commons in relation to your use of the Services. Collectively, this legal agreement is referred to below as the “Terms.”

Human-readable summary of Sec 1: These terms, together with any special terms for particular websites, create a contract between you and Creative Commons. The contract governs your use of all websites operated by Creative Commons, unless a particular website indicates otherwise. These human-readable summaries of each section are not part of the contract, but are intended to help you understand its terms.

2. Your Agreement to the Terms

BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING OR USING ANY OF THE SERVICES (INCLUDING THE LICENSES, PUBLIC DOMAIN TOOLS, AND CHOOSERS), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By clicking “I ACCEPT” or otherwise accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the Services on behalf of that entity.

Human-readable summary of Sec 2: Please read these terms and only use our sites and services if you agree to them.

3. Changes to the Terms

From time to time, Creative Commons may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Website(s) and notify those of you with a current CC Login Service account via email. All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.

Human-readable summary of Sec 3: These terms may change. When the changes are important, we will put a notice on the website. If you continue to use the sites after the changes are made, you agree to the changes.

Creative Commons is not a law firm, does not provide legal advice, and is not a substitute for a law firm. Sending us an email or using any of the Services, including the licenses, public domain tools, and choosers, does not constitute legal advice or create an attorney-client relationship.

Human-readable summary of Sec 4: Some of us are lawyers, but we aren’t your lawyer. Please consult your own attorney if you need legal advice.

5. Content Available through the Services

Provided as-is: You acknowledge that Creative Commons does not make any representations or warranties about the material, data, and information, such as data files, text, computer software, code, music, audio files or other sounds, photographs, videos, or other images (collectively, the “Content”) which you may have access to as part of, or through your use of, the Services. Under no circumstances is Creative Commons liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable.

You agree that you are solely responsible for your reuse of Content made available through the Services, including providing proper attribution. You should review the terms of the applicable license before you use the Content so that you know what you can and cannot do.

Licensing: CC-Owned Content: Other than the text of Creative Commons licenses, CC0, and other legal tools and the text of the deeds for all legal tools (all of which are made available under the CC0 Public Domain Dedication), Creative Commons trademarks (subject to the Trademark Policy), and the software code, all Content on the Websites is licensed under the Creative Commons Attribution 4.0 International license, unless otherwise marked. See the CC Policies page for more information.

CC-Owned Code: All of CC’s software code is free software; please check our code repository for the specific license on software you want to reuse.

Search Tools: On some of its Websites, Creative Commons provides website search tools, including CC Search, which return Content based on any license information our search tools are able to locate and interpret. Those search tools may return Content that is not CC licensed, and you should independently verify the terms of the license attached to any Content you intend to use.

Human-readable summary of Sec 5: We try our best to have useful information on our sites, but we cannot promise that everything is accurate or appropriate for your situation. Content on the site is licensed under CC BY 4.0 unless it says it is available under different terms. If you find content through a link on our websites, be sure to check the license terms before using it.

6. Content Supplied by You

Your responsibility: You represent, warrant, and agree that no Content posted or otherwise shared by you on or through any of the Services (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.

Licensing Your Content: You retain any copyright that you may have in Your Content. You hereby agree that Your Content: (a) is hereby licensed under the Creative Commons Attribution 4.0 License and may be used under the terms of that license or any later version of a Creative Commons Attribution License, or (b) is in the public domain (such as Content that is not copyrightable or Content you make available under CC0), or (c) if not owned by you, (i) is available under a Creative Commons Attribution 4.0 License or (ii) is a media file that is available under any Creative Commons license or that you are authorized by law to post or share through any of the Services, such as under the fair use doctrine, and that is prominently marked as being subject to third party copyright. All of Your Content must be appropriately marked with licensing (or other permission status such as fair use) and attribution information.

Removal: Creative Commons may, but is not obligated to, review Your Content and may delete or remove Your Content (without notice) from any of the Services in its sole discretion. Removal of any of Your Content from the Services (by you or Creative Commons) does not impact any rights you granted in Your Content under the terms of a Creative Commons license.

Human-readable summary of Sec 6: We do not take any ownership of your content when you post it on our sites. If you post content you own, you agree it can be used under the terms of CC BY 4.0 or any future version of that license. If you do not own the content, then you should not post it unless it is in the public domain or licensed CC BY 4.0, except that you may also post pictures and videos if you are authorized to use them under law (e.g., fair use) or if they are available under any CC license. You must note that information on the file when you upload it. You are responsible for any content you upload to our sites.

7. Participating in the CCGN and Community: Registered Users

By registering for an account through any of the Services, including securing a CC Login Service account, or applying for membership to the CCGN, you represent and warrant that you are the age of majority in your jurisdiction (typically age 18). Services offered to registered users are provided subject to these Master Terms, the CC Privacy Policy https://creativecommons.org/privacy/, and any Additional Terms specified on the relevant Website(s), all of which are hereby incorporated by reference into these Terms.

Registration: You agree to (a) only provide accurate and current information about yourself (though use of an alias or nickname in lieu of your legal name is encouraged), (b) maintain the security of your passwords and identification, (c) promptly update the email address listed in connection with your account to keep it accurate so that we can contact you, and (d) be fully responsible for all uses of your account. You must not set up an account on behalf of another individual or entity unless you are authorized to do so.

No Membership in CC: Creating a CC Login Service account or using any of the related Websites or Services, including becoming a member of the CCGN, does not and shall not be deemed to make you a member, shareholder or affiliate of Creative Commons for any purposes whatsoever, nor shall you have any of the rights of statutory members as defined in Sections 2(3) and 3 of Chapter 180 of the General Laws of Massachusetts or any other law.

Termination: Creative Commons reserves the right to modify or discontinue your account or your membership in the CCGN at any time for any reason or no reason at all.

Human-readable summary of Sec 7: Please do not register for an account on our sites unless you are 18 years old. CC has the right to end your account at any time. You are responsible for use of your account. And of course, please do not set up an account for someone else unless you have permission to do so. Setting up an account doesn’t make you a member of CC.

8. Prohibited Conduct

You agree not to engage in any of the following activities:

1. Violating laws and rights:

  • You may not (a) use any Service for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

2. Solicitation:

  • You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.

3. Disruption:

  • You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.

4. Harming others:

  • You may not post or transmit Content on or through the Services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;

  • You may not intimidate or harass another through the Services; and, you may not post or transmit any personally identifiable information about persons under 13 years of age on or through the Services.

5. Impersonation or unauthorized access:

  • You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services;

  • You may not use or attempt to use another’s account or personal information without authorization; and

  • You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means.

Human-readable summary of Sec 8: Play nice. Be yourself. Don’t break the law or be disruptive.

9. CCGN

By submitting your application to become a member of the CCGN, you acknowledge that you have read, understood, and, in the event you are accepted for membership, agree to be bound by the CCGN Charter, including the Code of Conduct and the policies referenced and incorporated therein. If you are admitted to the CCGN, these terms and the CCGN Charter shall govern your use of and participation in the CCGN, including your participation in any forum operated by the CCGN, such as platforms, chapters, and working groups. Note that your participation in such fora may also be governed by additional rules and guidelines for doing so.

In connection with applying for membership in the CCGN, you will be required to have members of the CCGN vouch for your admittance. You consent to CC contacting those individuals on your behalf and to those individuals providing information about you to CC that CC reasonably determines to be relevant for evaluating you as an applicant to the CCGN. If you are a member of the CCGN, are a member of the CCGN vouching for an applicant, you agree to abide by all vouching guidelines and rules published by CC, and will only provide accurate and truthful information that is responsive to Creative Commons’ inquiries, and you represent and warrant that you have permission to provide that information to CC. Please see CC’s Master Privacy Policy (link) for more information about how your information (as an applicant, member, and voucher) will be used.

10. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CREATIVE COMMONS OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CREATIVE COMMONS DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY CC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CREATIVE COMMONS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

Human-readable summary of Sec 10: CC does not make any guarantees about the sites, services, or content available on the sites.

11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CREATIVE COMMONS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF CREATIVE COMMONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CREATIVE COMMONS IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.

Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Human-readable summary of Sec 11: CC is not responsible for the content on the sites, your use of our services, or for the conduct of others on our sites.

12. Indemnification

To the extent authorized by law, you agree to indemnify and hold harmless Creative Commons, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use of any of the Services, and/or (c) the Content you make available on any of the Services.

Human-readable summary of Sec 12: If something happens because you violate these terms, because of your use of the services, or because of the content you post on the sites, you agree to repay CC for the damage it causes.

13. Privacy Policy

Creative Commons is committed to responsibly handling the information and data we collect through our Services in compliance with our Privacy Policy, which is incorporated by reference into these Master Terms. Please review the Privacy Policy so you are aware of how we collect and use your personal information.

Human-readable summary of Sec 13: Please read our Privacy Policy. It is part of these terms, too.

14. Trademark Policy

CC’s name, logos, icons, and other trademarks may only be used in accordance with our Trademark Policy, which is incorporated by reference into these Master Terms. Please review the Trademark Policy so you understand how CC’s trademarks may be used.

Human-readable summary of Sec 14: Please read our Trademark Policy. It is part of these terms, too.

Creative Commons respects copyright, and we prohibit users of the Services from submitting, uploading, posting, or otherwise transmitting any Content on the Services that violates another person’s proprietary rights.

To report allegedly infringing Content hosted on a website owned or controlled by CC, send a Notice of Infringing Materials as set out in CC’s Digital Millennium Copyright Act (“DMCA”) Notice & Takedown Procedure.

Please note that Creative Commons does not host the Content made available through CC Search. You should contact the web site or service hosting the Content to have it removed.

Human-readable summary of Sec 15: Please let us know if you find infringing content on our websites.

16. Termination

By Creative Commons: Creative Commons may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by Creative Commons at any time and for any reason.

By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time.

Automatic upon breach: Your right to access and use the Services (including use of your CC Login System account) automatically upon your breach of any of the Terms. For the avoidance of doubt, termination of the Terms does not require you to remove or delete any reference to previously-applied CC legal tools from your own Content.

Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. The license grants applicable to Your Content are not impacted by the termination of the Terms and shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations will survive for one year after termination.

Human-readable summary of Sec 16: If you violate these terms, you may no longer use our sites.

17. Miscellaneous Terms

Choice of law: The Terms are governed by and construed by the laws of the State of California in the United States, not including its choice of law rules.

Dispute resolution: The parties agree that any disputes between Creative Commons and you concerning these Terms, and/or any of the Services may only brought in a federal or state court of competent jurisdiction sitting in the Northern District of California, and you hereby consent to the personal jurisdiction and venue of such court.

  • If you are an authorized agent of a government or intergovernmental entity using the Services in your official capacity, including an authorized agent of the federal, state, or local government in the United States, and you are legally restricted from accepting the controlling law, jurisdiction, or venue clauses above, then those clauses do not apply to you. For any such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding its choice of law rules).

No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.

Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Creative Commons as a result of the Terms or from your use of any of the Services.

Integration: These Master Terms and any applicable Additional Terms constitute the entire agreement between you and Creative Commons relating to this subject matter and supersede any and all prior communications and/or agreements between you and Creative Commons relating to access and use of the Services.

Human-readable summary of Sec 17: If there is a lawsuit arising from these terms, it should be in California and governed by California law. We are glad you use our sites, but this agreement does not mean we are partners.

Note about Reusing these Terms of Use.

The Creative Commons Terms of Use are dedicated to the public domain under the Creative Commons CC0 Public Domain Dedication. You are free to use and adapt these Master Terms and any applicable Additional Terms for your own purposes. However, please keep in mind that these Terms may not be completely suitable for your situation. Creative Commons strongly encourages you to seek the advice of your own attorney before repurposing these Terms on your own site.

#####EOF##### Terms pre 2010-03-03 - Creative Commons
Creative Commons > Terms of Use > Terms pre 2010-03-03

Terms pre 2010-03-03

Table of Contents

  1. General Information Regarding These Master Terms of Use (“Master Terms”).
  2. Your Agreement to the Terms.
  3. Changes to the Terms.
  4. Provision of the Websites and Services Generally.
  5. No Legal Advice.
  6. Location of the Websites and Services.
  7. User Conduct.
  8. Terms Relating to Content on the Websites and Services.
  9. Third Party Websites and Content; Links.
  10. Participating in Our Community: Registered Users.
  11. DISCLAIMER OF WARRANTIES.
  12. LIMITATION OF LIABILITY.
  13. Indemnification for Breach of Terms of Use.
  14. Privacy Policy.
  15. Trademarks.
  16. Copyright Complaints; DMCA Compliance.
  17. Termination of this Agreement.
  18. Miscellaneous Terms.

1. General Information Regarding These Master Terms of Use (“Master Terms”).

Please read these terms carefully because they apply to your use of all of the websites that Creative Commons Corporation operates other than our ccMixter website (http://ccmixter.org/) and our ccNetwork website (https://creativecommons.net/) (collectively, the websites to which these terms apply, the “Websites”), including the products and services provided through the Websites (collectively, the “Services”). Websites include, but are not limited to, the websites operated at http://creativecommons.org and http://sciencecommons.org (collectively, together with all sub-domains thereof, including but not limited to http://learn.creativecommons.org, http://opened.creativecommons.org, and http://discovered.creativecommons.org/search/. Creative Commons Corporation (“CC” or “Creative Commons”) is a Massachusetts corporation with a business office at 171 Second St., Suite 300, San Francisco, California 94105, United States.

Unless otherwise agreed in writing with Creative Commons, your use of any Website or Service will always be subject to, at a minimum, the terms and conditions set out in this document. These are referred to as the “Master Terms.”

In addition, your use of any Website or Service may also be subject to the terms of any legal notice applicable to the Website or Service, in addition to the Master Terms. All such terms supplementing these Master Terms are referred to below as the “Additional Terms.” Where Additional Terms apply to a Website or Service, these will be accessible for you to read either within, or through your use of, that Website or Service.

The Master Terms, together with any Additional Terms, form a binding legal agreement between you and Creative Commons in relation to your use of the Websites and the Services. Collectively, this legal agreement is referred to below as the “Terms.” If there is any contradiction between the Additional Terms and the Master Terms, then the Additional Terms shall take precedence in relation to the Website or Service to which the Additional Terms apply.

2. Your Agreement to the Terms.

YOUR ACCESS OR USE OFANY WEBSITE OR SERVICE IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. By accessing or using any Website or Service you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Website or Service. If you do not agree to the Terms, you are not authorized to use any Website or Service.

3. Changes to the Terms.

From time to time, Creative Commons may change, remove, add to (including without limitation by way of Additional Terms) or otherwise modify the Terms, and reserves the right to do so in its discretion. In that case, we will post the updated Master Terms or Additional Terms, as relevant, to the applicable Website(s) and indicate the date of revision. We encourage you to periodically review the Terms. In addition, if our modifications are material, we will make commercially reasonable efforts to notify you electronically. For example, we may send a message to your email address, if we have one on file, or we may display a notice on the Websites indicating that the Terms have changed. All new and/or amended Terms take effect immediately; provided, however, that if deemed material by Creative Commons it its sole discretion, such new and/or additional material terms will be marked as such and will take effect 30 days after they are posted on the applicable Website. Notwithstanding the foregoing, (i) no modification to the Terms will apply to any dispute between you and Creative Commons that arose prior to the effective date of any modification and (ii) if you do not agree with any modification to the Terms, you may terminate this agreement by ceasing use of the Websites and Services. Your continued use of any Website or Service after new and/or revised Terms are effective indicate that you have read, understood and agreed to those Terms.

4. Provision of the Websites and Services Generally.

Creative Commons makes the Websites and Services available to you on the Terms. You may only use the Websites and Services in accordance with these Master Terms and any applicable Additional Terms. In particular but without limitation, you may not use the Websites and Services for any purpose that is unlawful or prohibited by these Master Terms, any applicable Additional Terms, or any other conditions or notices that are made available on any Website or Service.

5. No Legal Advice.

Creative Commons is not a law firm and does not provide legal advice. Using the Websites or Services or sending us an email does not create an attorney-client relationship. In particular but without limitation, use of any of CC’s legal tools or licenses and/or using any Services relating to CC’s legal tools or licenses (including without limitation the CC0 Chooser, the License Chooser or the Scholar’s Copyright Addendum) does not constitute legal advice nor does it create an attorney-client relationship. You are advised to consult with your own legal counsel before using CC’s legal tools or licenses. Creative Commons provides all Websites, Services, information, tools and licenses on an “as-is” basis. Creative Commons makes no warranties regarding any information, tools or licenses provided on or through the Websites and Services, and disclaims liability for damages resulting from their use.

6. Location of the Websites and Services.

The Websites and Services are controlled and offered by CC from its facilities in the United States of America. CC makes no representations that the Websites or Services are appropriate or available for use in other locations. If you are accessing or using any Website or Service from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law. Notwithstanding the foregoing, the Websites may contain or provide links to Content (defined in Section 8, below) hosted on websites located outside of the United States of America.

7. User Conduct.

Users agree not to use the Websites or Services to:

  1. Post, use or transmit Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;
  2. Post, use or transmit unsolicited or unauthorized Content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising;
  3. Post, use or transmit Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Websites or Services or servers or networks connected to the Websites or Services, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Websites or Services;
  4. Post or transmit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
  5. Intimidate or harass another;
  6. Use or attempt to use another’s account, service, or personal information;
  7. Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Websites or Services;
  8. Attempt to gain unauthorized access to the Websites or Services, other accounts, computer systems or networks connected to the Websites or Services, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of the Websites or Services or any activities conducted through the Websites or Services;
  9. Use any means to bypass or ignore robot.txt, or other measures we use to restrict access or use of the Websites or Services;
  10. Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
  11. Post or transmit any personally identifiable information about persons under 13 years of age, including without limitation in connection with the OpenEd Website (located at http://opened.creativecommons.org) or the Services offered thereon.

In addition, you may not (and may not authorize another party to): (i) frame or otherwise co-brand the Websites or Services (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute the Website or Service); or, (ii) use any Website or Service in any manner that could disable, overburden, damage or impair such Website or Service, or interfere with any other party’s use and enjoyment of any Website or Service.

8. Terms Relating to Content on the Websites and Services.

  1. Responsibility for Content. You understand that all material, data and information, such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (collectively, “Content”) which you may have access to as part of, or through your use of, the Websites and Services are the sole responsibility of the person from which such Content originated. This includes assertions that persons may make, expressly or impliedly, about the provenance and ownership of Content that they supply, upload, list and/or link to. You acknowledge that Creative Commons does not make any representations or warranties about the Content, including without limitation, about the accuracy, integrity or quality of the Content made available at the instigation of users of the Websites and Services. You understand that by using the Websites and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances is Creative Commons liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available via the Websites and Services.
  2. Licenses Associated With Content on the Websites and Services.
    1. CC Content: All Content (other than computer software) owned by Creative Commons and made available by CC on the Websites or through the Services is licensed under the Creative Commons Attribution 3.0 Unported license, unless marked otherwise.
    2. Your Content: You retain the copyright in your Content that you provide on the Websites or in connection with the Services. You hereby agree that all Content you voluntarily provide to CC on or through any Website or Service is licensed under a Creative Commons Attribution 3.0 license, is not copyrightable, or is in the public domain (such as Content you or another make available under CC0). When you post your Content, you designate Creative Commons (including the relevant CC project, such as ccLearn or Science Commons) as the “Attribution Party” for the purposes of the Attribution 3.0 license, as defined therein, and grant permission for the relevant Website URI to be associated with your Content for purposes of that license. If Content you provide is protected by copyright, then if it is not licensed under a Creative Commons Attribution 3.0 license, you must not provide it to CC. For the avoidance of doubt, you may otherwise license your Content on any terms or no terms at all, but upon uploading or supplying Content protected by copyright to CC on the Websites or in connection with the Services, you are licensing such Content under a Creative Commons Attribution 3.0 license in addition to any such other license that may apply to your Content, and designating Creative Commons (and any relevant CC project) as the Attribution Party for purposes of that license; provided, however, that this subparagraph (b)(ii) shall not apply to Content, if any, that you identify or reference when using our License Chooser or CC0 Chooser but that you do not supply or upload onto the Websites or in connection with the Services.
    3. Third Party Content: Third Party Content and Third Party Websites (as defined in Section 9, below) that CC links to or embeds in the Websites or that are provided through the Services, including but not limited to blogs and news feeds, are subject to the license terms accompanying such Content. For Third Party Content and Third Party Websites that CC supplies, as a courtesy Creative Commons will take reasonable steps to clearly mark any such Third Party Content or Third Party Websites that are not licensed under a Creative Commons Attribution 3.0 license; provided, however, that CC cannot and does not make any guarantee or warranty whatsoever about the license terms of Third Party Content or Third Party Websites and provides all such information AS-IS. We encourage you to always verify the license of any such Content before use.
    4. Search Results: Creative Commons provides website search tools as a Service on some of the Websites. Those search tools may return Content that is not CC licensed. CC will make reasonable efforts to clearly mark whether such Content is licensed under a CC license based on any license information our search tools are able to locate and interpret. As stated above, you should independently verify the terms of the license attached to any Content you intend to use.
  3. Content You Provide.You may only submit Content to the Websites or in connection with the Services that you have the right to submit. This means that you can only submit Content that you yourself create, that is in the public domain or that you have been expressly granted the right to submit consistent with the Terms. For the avoidance of doubt, Content that infringes the rights of any third party (e.g., Content used without express permission of the copyright owner and not otherwise permitted by law) must not be submitted. You represent, warrant and agree that no Content of any kind submitted, posted or otherwise shared by you on or through any of the Websites or Services, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contains libelous, defamatory or otherwise unlawful material. Further, you represent, warrant and agree not to submit any personally identifiable information, including any Content containing personally identifiable information, about any person who is under 13 years of age. Creative Commons may, but is not obligated to, review your submissions and may delete or remove (without notice) any Content in its sole discretion that Creative Commons determines violates the Terms or that may be offensive, illegal, or that might violate the rights, harm or threaten the safety of others. Creative Commons does not endorse or support any Content posted by you or any other third party on or through the Websites or Services. You alone are responsible for creating backup copies and replacing any Content you post on the Websites or Services, and you authorize Creative Commons to make copies of your Content as we deem necessary in order to facilitate the posting of your Content on the Websites or Services. You may request the removal of your Content from the Websites or Services at any time, and CC will take reasonable steps to promptly remove such Content; provided, however, that CC can remove any such Content only from its Websites and cannot remove Content from email archives, wiki history pages and similar community forums where you may post content, or others’ computers, such as Content you may have sent to others in an email posted to a CC email list. If you choose to remove your Content, the Creative Commons license you granted when submitting such Content (see subparagraph (b)(ii), above) will remain in full force and effect in accordance with its terms.
  4. Use of Content on the Website or Services.You may use the Content you find on the Websites or Services in accordance with the terms of the license applicable to that Content. For the avoidance of doubt, you must attribute all Content (except public domain Content) in the manner specified by the author or licensor (including attribution to any designated Attribution Party) and in accordance with the terms of such license and you must not remove or alter any copyright, trademark, name or other notice or legend that appears in connection with the Content. You represent and warrant to Creative Commons that you will use any and all Content on our Websites or Services in accordance with the applicable license. You should be sure to review the terms of that license before you use the Content to which it applies so that you know what you can and cannot do.By using the Websites or Services, you agree that you are solely responsible for your use of any and all Content made available thereon. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the provenance, ownership, accuracy, completeness, or reliability of such Content. In this regard, you acknowledge that you may not rely on any Content made available on the Websites or Services without your own independent evaluation of that Content. Creative Commons does not guarantee that Content made available on the Websites or Services does not infringe the rights of any third party.

9. Third Party Websites and Content; Links.

The Websites or Services may contain links to websites not controlled by Creative Commons (“Third Party Websites”), as well as Content belonging to or originating from persons or organizations other than Creative Commons (“Third Party Content”). You acknowledge that Creative Commons: (a) is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website; (b) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness or non infringement; (c) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.

10. Participating in Our Community: Registered Users.

Registering for an account on any of the Websites, including but not limited to the OpenEd Site (located at http://opened.creativecommons.org) and the Creative Commons Wiki (located at http://wiki.creativecommons.org) is void where prohibited. Only persons who are over the age of majority in their jurisdiction (which typically is 18, but may be different in your jurisdiction) and fully competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms and to abide by and comply with the Terms may register for an account and use the related Services; provided, however, that if you are under the age of majority in your jurisdiction but over 13 years of age, you may join with the express permission of your parent or legal guardian. Any registration by, use of or access to the Services provided to Registered Users (defined below) by anyone (1) under the age of 13 or (2) under the age of majority in their jurisdiction but without parental or guardian permission, is unauthorized, unlicensed and a violation of these Master Terms. By registering for an account on any of the Websites or using the related Services, you represent and warrant that you (1) are the age of majority in your jurisdiction or, (2) are over the age of 13 and have the express permission of a legal guardian to become a Registered User and use Services made available to Registered Users, and you further agree to abide by all of the terms and conditions of these Master Terms and any applicable Additional Terms.

Services offered to Registered Users are provided subject to these Master Terms and any Additional Terms specified on the relevant Website. Creative Commons reserves the right to modify or discontinue the accounts of Registered Users and related Services at any time. Creative Commons disclaims any and all liability to Registered Users and third parties in the event CC exercises its right to modify or discontinue user accounts or related Services.

Registration; Security. You agree to (a) provide accurate, current and complete information about you, if and as may be prompted by the registration process on the any of the Websites, (b) maintain the security of your password(s) and identification, (c) maintain and promptly update your registration information and any other information you provide to Creative Commons, and to keep it accurate and complete to, among other things, allow us to contact you, and (d) be fully responsible for all use of your account and for any actions that take place using your account. It is your responsibility to ensure that Creative Commons has up-to-date contact information for you. You may not set up an account or membership on behalf of another individual or entity unless you are authorized to do so.

No Membership in CC. As used in these Master Terms, “Registered User” means a person who has registered and obtained an account on one of our Websites. Becoming a Registered User or using any of the related Websites or Services does not and shall not be deemed to make you a member, shareholder or affiliate of Creative Commons for any purposes whatsoever, nor shall you have any of the rights of statutory members as defined in Sections 2(3) and 3 of Chapter 180 of the General Laws of Massachusetts.

Termination; Termination and Inactivation of User Accounts. Your participation as a Registered User and use the related Services terminates automatically upon your breach of any of these Master Terms or applicable Additional Terms.

In addition, Creative Commons may, at any time: (a) modify, suspend or terminate the operation of or access to your user account for any reason; (b) modify or change such Websites and Services and any applicable Terms and policies governing your user account and related Websites and Services for any reason; and (c) interrupt user accounts and related Websites and Services for any reason, all as Creative Commons deems appropriate in its discretion. Your access to your account, and use of the related Websites and Services may be terminated by you or by Creative Commons at any time and for any reason whatsoever, without notice.

In addition, Creative Commons reserves the right to delete and purge any account and all Content associated therewith following any prolonged period of inactivity, all as may be determined by Creative Commons in its complete discretion.

11. DISCLAIMER OF WARRANTIES.

TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, CREATIVE COMMONS OFFERS THE WEBSITES AND SERVICES AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITES OR SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CREATIVE COMMONS DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT CC’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CREATIVE COMMONS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

12. LIMITATION OF LIABILITY.

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL CREATIVE COMMONS, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE CREATIVE COMMONS PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITES OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE CREATIVE COMMONS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE CREATIVE COMMONS PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITES OR SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE WEBSITES OR SERVICES, FOR YOUR USE OF THE WEBSITES AND SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE WEBSITES, IN CONNECTION WITH THE SERVICES OR OTHERWISE RELATING TO THE WEBSITES OR SERVICES.

13. Indemnification for Breach of Terms of Use.

You agree to indemnify and hold harmless the Creative Commons Parties (defined above) from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless the Creative Commons Parties from and against any and all claims brought by third parties arising out of your use of any of the Websites or Services and the Content you make available via any of the Websites or Services by any means, including without limitation through a posting, a link, reference to Content, or otherwise.

14. Privacy Policy.

Creative Commons is committed to handling responsibly the information and data we collect through our Websites and Services and agrees to use your personal information in accordance with the Privacy Policy and the Terms. The Privacy Policy is hereby incorporated by reference into these Master Terms.

15. Trademarks.

The Websites and Services may contain trademarks, service marks, logos and other names that are the property of Creative Commons or such other party as indicated with respect to that name or icon. In the case of Creative Commons’ trademarks, logos and icons, these may only be used in accordance with our trademark policy (http://creativecommons.org/policies). The Trademark Policy is incorporated by reference into these Master Terms.

16. Copyright Complaints; DMCA Compliance.

Creative Commons respects the intellectual property rights of others, and we prohibit users of our Websites and Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights.

Creative Commons complies with the provisions of the Digital Millennium Copyright Act (“DMCA”). As required by the DMCA, a Designated Agent has been established with proper documentation sent to the US Copyright Office. For more information, please refer to our DMCA Notice and Takedown Procedure (http://creativecommons.org/dmca). Contact our designated agent to report alleged copyright infringement. The designated agent is:

Mike Linksvayer
dmca@creativecommons.org
171 Second Street, Suite 300
San Francisco, CA 94105
Tel: 415.369.8480
Fax: 415.278.9419

Additionally, it is our policy to terminate usage rights and any applicable user accounts of users we determine to be “repeat infringers” of others’ copyrights.

17. Termination of this Agreement.

These Master Terms and any Additional Terms will continue to apply until terminated by either you or Creative Commons as set out below. Your right to access and use the Websites and Services terminates automatically upon your breach of any of these Master Terms or Additional Terms that may apply to any of the Websites or Services.

Creative Commons may, at any time: (a) modify, suspend or terminate the operation of or access to any of the Websites or Services, or any portion of the Websites or Services, for any reason; (b) modify or change the Websites or Services, or any portion of the Websites or Services, and any Master Terms, Additional Terms and other policies governing the use of the Websites or Services, for any reason; (c) interrupt the operation of the Websites or Services, or any portion of the Websites or Services, for any reason, all as Creative Commons deems appropriate in its sole discretion.

Your access to, and use of, the Websites or Services may be terminated by you or by Creative Commons at any time and for any reason. Creative Commons will use reasonable efforts to notify you in advance about any material modification, suspension or termination by CC that is not caused by your breach of the Terms.

The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations shall survive any termination for one year.

18. Miscellaneous Terms.

These Master Terms and any Additional Terms are governed by and construed by the laws of the State of California, in the United States, exclusive of its choice of law rules. The parties agree that any disputes or proceedings between Creative Commons and you concerning these Master Terms, any Additional Terms, and/or any of the Websites or Services shall be brought in a federal or state court of competent jurisdiction sitting in the Northern District of California, and hereby consent to the personal jurisdiction and venue of such court. Either party’s failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver of any provision or right. If any term or part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Creative Commons as a result of these Master Terms, any Additional Terms, or your use of any of the Websites or Services. These Master Terms and any applicable Additional Terms constitute the entire agreement between you and Creative Commons relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to the Terms as made available by Creative Commons from time to time) between you and Creative Commons. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generating and maintained in printed form.

These Terms of Use are Effective as of July 23, 2009.

#####EOF##### Creative Commons — Attribution 4.0 International — CC BY 4.0
This page is available in the following languages: Languages

Creative Commons Legal Code

Attribution 4.0 International

Official translations of this license are available in other languages.

Creative Commons Corporation (“Creative Commons”) is not a law firm and does not provide legal services or legal advice. Distribution of Creative Commons public licenses does not create a lawyer-client or other relationship. Creative Commons makes its licenses and related information available on an “as-is” basis. Creative Commons gives no warranties regarding its licenses, any material licensed under their terms and conditions, or any related information. Creative Commons disclaims all liability for damages resulting from their use to the fullest extent possible.

Using Creative Commons Public Licenses

Creative Commons public licenses provide a standard set of terms and conditions that creators and other rights holders may use to share original works of authorship and other material subject to copyright and certain other rights specified in the public license below. The following considerations are for informational purposes only, are not exhaustive, and do not form part of our licenses.

Considerations for licensors: Our public licenses are intended for use by those authorized to give the public permission to use material in ways otherwise restricted by copyright and certain other rights. Our licenses are irrevocable. Licensors should read and understand the terms and conditions of the license they choose before applying it. Licensors should also secure all rights necessary before applying our licenses so that the public can reuse the material as expected. Licensors should clearly mark any material not subject to the license. This includes other CC-licensed material, or material used under an exception or limitation to copyright. More considerations for licensors.

Considerations for the public: By using one of our public licenses, a licensor grants the public permission to use the licensed material under specified terms and conditions. If the licensor’s permission is not necessary for any reason–for example, because of any applicable exception or limitation to copyright–then that use is not regulated by the license. Our licenses grant only permissions under copyright and certain other rights that a licensor has authority to grant. Use of the licensed material may still be restricted for other reasons, including because others have copyright or other rights in the material. A licensor may make special requests, such as asking that all changes be marked or described. Although not required by our licenses, you are encouraged to respect those requests where reasonable. More considerations for the public.

Creative Commons Attribution 4.0 International Public License

By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Creative Commons Attribution 4.0 International Public License ("Public License"). To the extent this Public License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Licensed Material available under these terms and conditions.

Section 1 – Definitions.

  1. Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Public License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image.
  2. Adapter's License means the license You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this Public License.
  3. Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this Public License, the rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.
  4. Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements.
  5. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
  6. Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License.
  7. Licensed Rights means the rights granted to You subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license.
  8. Licensor means the individual(s) or entity(ies) granting rights under this Public License.
  9. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
  10. Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.
  11. You means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning.

Section 2 – Scope.

  1. License grant.
    1. Subject to the terms and conditions of this Public License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:
      1. reproduce and Share the Licensed Material, in whole or in part; and
      2. produce, reproduce, and Share Adapted Material.
    2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.
    3. Term. The term of this Public License is specified in Section 6(a).
    4. Media and formats; technical modifications allowed. The Licensor authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Public License, simply making modifications authorized by this Section 2(a)(4) never produces Adapted Material.
    5. Downstream recipients.
      1. Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License.
      2. No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
    6. No endorsement. Nothing in this Public License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3(a)(1)(A)(i).

  2. Other rights.

    1. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise.
    2. Patent and trademark rights are not licensed under this Public License.
    3. To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties.

Section 3 – License Conditions.

Your exercise of the Licensed Rights is expressly made subject to the following conditions.

  1. Attribution.

    1. If You Share the Licensed Material (including in modified form), You must:

      1. retain the following if it is supplied by the Licensor with the Licensed Material:
        1. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
        2. a copyright notice;
        3. a notice that refers to this Public License;
        4. a notice that refers to the disclaimer of warranties;
        5. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
      2. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
      3. indicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License.
    2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
    3. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.
    4. If You Share Adapted Material You produce, the Adapter's License You apply must not prevent recipients of the Adapted Material from complying with this Public License.

Section 4 – Sui Generis Database Rights.

Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:

  1. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database;
  2. if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material; and
  3. You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database.
For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights.

Section 5 – Disclaimer of Warranties and Limitation of Liability.

  1. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.
  2. To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.
  1. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.

Section 6 – Term and Termination.

  1. This Public License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Public License, then Your rights under this Public License terminate automatically.

  2. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates:

    1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
    2. upon express reinstatement by the Licensor.
    For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License.
  3. For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public License.
  4. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.

Section 7 – Other Terms and Conditions.

  1. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
  2. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License.

Section 8 – Interpretation.

  1. For the avoidance of doubt, this Public License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Public License.
  2. To the extent possible, if any provision of this Public License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public License without affecting the enforceability of the remaining terms and conditions.
  3. No term or condition of this Public License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
  4. Nothing in this Public License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.

Creative Commons is not a party to its public licenses. Notwithstanding, Creative Commons may elect to apply one of its public licenses to material it publishes and in those instances will be considered the “Licensor.” The text of the Creative Commons public licenses is dedicated to the public domain under the CC0 Public Domain Dedication. Except for the limited purpose of indicating that material is shared under a Creative Commons public license or as otherwise permitted by the Creative Commons policies published at creativecommons.org/policies, Creative Commons does not authorize the use of the trademark “Creative Commons” or any other trademark or logo of Creative Commons without its prior written consent including, without limitation, in connection with any unauthorized modifications to any of its public licenses or any other arrangements, understandings, or agreements concerning use of licensed material. For the avoidance of doubt, this paragraph does not form part of the public licenses.

Creative Commons may be contacted at creativecommons.org.

Additional languages available: Bahasa Indonesia, euskara, Deutsch, Español, français, hrvatski, italiano, latviski, Lietuvių, Nederlands, norsk, polski, português, suomeksi, svenska, te reo Māori, Türkçe, Ελληνικά, русский, українська, العربية, 日本語. Please read the FAQ for more information about official translations.

#####EOF##### Privacy Policy (pre 2019-04-02) - Creative Commons
Creative Commons > Privacy Policy > Privacy Policy (pre 2019-04-02)

Privacy Policy (pre 2019-04-02)

1. Preamble

This Privacy Policy explains the collection, use, processing, transferring and disclosure of personal information by Creative Commons Corporation (“CC” or “Creative Commons”), a Massachusetts charitable organization.

This Privacy Policy is incorporated into and made part of Creative Commons Master Terms of Use (“Master Terms”) located at https://creativecommons.org/terms.

Unless otherwise noted on a particular website or service hosted by Creative Commons, this Privacy Policy applies to your use of all websites that Creative Commons operates. These include https://creativecommons.org, https://wiki.creativecommons.org, https://network.creativecommons.org, https://search.creativecommons.org, https://labs.creativecommons.org, http://openpolicynetwork.org, http://open4us.org, https://rightsback.org, http://teamopen.cc, and http://thepowerofopen.org, together with all other subdomains thereof, (collectively, the “Websites”). This Privacy Policy also applies to all products, information, and services provided through the Websites, including without limitation the license chooser, legal tools, the CC Login Services (defined below), and the CC Global Network community website (together with the Websites, the “Services”).

Please note that Creative Commons does not operate the website at http://ccmixter.org.

In addition, supplemental Privacy Policy terms (“Supplemental Privacy Policy Terms”) may apply to a particular Service, such as rightsback.org (https://rightsback.org/privacy-policy/). All such Supplemental Privacy Policy Terms will be accessible for you to read either within, or through your use of, that particular Service.

By accessing or using any of the Services, you are accepting and agreeing to the practices described in this Privacy Policy.

2. Our Principles

Creative Commons has designed this policy to be consistent with the following principles:

  • Privacy policies should be human readable and easy to find.
  • Data collection, storage, and processing should be simplified as much as possible to enhance security, ensure consistency, and make the practices easy for users to understand.
  • Data practices should always meet the reasonable expectations of users.

3. Personal Information CC Collects and How it is Used

As used in this policy, “personal information” means information that would allow someone to identify you, including your name, email address, IP address, or other information from which someone could deduce your identity.

CC collects and uses personal information in the following ways:

Website and Fundraising Analytics: When you visit our Websites and use our Services, CC collects some information about your activities through tools such as Google Analytics. The type of information that we collect focuses on general information such as country or city where you are located, pages visited, time spent on pages, heat-map of visitors’ activity on the site, information about the browser you are using, etc. CC collects and uses this information pursuant to our legitimate interest in enhancing the security and utility of our Services. The information we gather and process is used in the aggregate to spot trends without deliberately identifying individuals, except in cases where you engage in a transaction with Creative Commons by donating money, purchasing merchandise, or buying a ticket for an event or program. In those cases, CC retains certain information about your visit to the Services, including information about the referral site that led you to our Services, pursuant to its legitimate interest in understanding its community of supporters for fundraising purposes, and this information is stored in connection with other personal information you provide to CC.

Note that you can learn about Google’s practices in connection with its analytics services and how to opt out of it by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout. If you would like to opt out of CC’s fundraising analytics, please contact legal@creativecommons.org with your request.

Information from Cookies: We and our service providers (for example, Google Analytics as described above) may collect information using cookies or similar technologies for the purposes described above and below. Cookies are pieces of information that are stored by your browser on the hard drive or memory of your computer or other Internet access device.  Cookies may enable us to personalize your experience on the Services, maintain a persistent session, passively collect demographic information about your computer, and monitor advertisements and other activities. The Websites may use different kinds of cookies and other types of local storage (such as browser-based or plugin-based local storage).

Log-In Services: When you register to obtain a user account on any of the Services (any such person, a “Registered User”), including but not limited to the CCID service available at https://login.creativecommons.org/login, you will be asked to provide personal information to create your account and establish a password and profile. CC collects and uses this personal information pursuant to its legitimate interest in establishing and maintaining your account providing you with the features we provide Registered Users. We may use your email address to contact you regarding changes to this policy or other applicable policies. The name or nickname you provide in connection with your account may be used to attribute you in connection with any content you submit to any Service. In addition, whenever you use a CC Login Service to log into a Website or use the Services, our servers keep a plain text log of the Websites you visit and when you visit them.

Events: When you sign up for an event hosted or supported by Creative Commons, you will be asked to provide some personal information, including your name, email address, and other information as needed. CC collects and uses this personal information pursuant to its legitimate interest in organizing and running the relevant event. We may share your personal information with vendors, third party contractors, partner organizations, and volunteers for the purpose of organizing and running the event and related activities.

Emails and Newsletters: When you sign up to receive updates from Creative Commons or otherwise subscribe to one of our mailing lists, you will be asked to provide some personal information. CC collects and uses this personal information pursuant to its legitimate interest in providing news and updates to, and collaborating with, its supporters and volunteers. You may unsubscribe from our mailing list at any time by clicking on the “unsubscribe” link at the bottom of each newsletter.

Email Analytics: When you receive communications from CC after signing up for the CC newsletter, campaign updates, or other ongoing email communications from CC, we use analytics to track whether you open the mail, click on the links, and otherwise interact with what we send. You may opt out of this tracking by choosing to get plain-text emails from CC. CC collects and uses this personal information pursuant to its legitimate interest in understanding the interests of its community of supporters and volunteers in order to provide more relevant news and updates. 

Donations: When you donate money to Creative Commons, purchase merchandise at https://store.creativecommons.org/, or pay for attendance at an event or participation in the CC Certificate program, you will be asked to provide personal information, including payment information. CC collects and uses this personal information pursuant to its legitimate interest in raising funds to ensure the sustainability of our nonprofit organization and, where applicable, to provide you with the merchandise, event, or program you purchased.

Creative Commons Global Network (“CCGN”) Membership: In connection with your application for CCGN membership, you will be required to provide certain personal information. CC collects and uses that personal information pursuant to its legitimate interest in evaluating applications for CCGN membership and for helping to manage the CCGN once you are admitted.

In connection with your application you will be required to have two CCGN members provide information about you in order to vouch for you as a potential member of the CCGN. The personal information you provide with your application will be shared with the individuals you select to vouch for you, and with those reviewing your application, including the Membership Council whose members include people not employed by Creative Commons and who are located in various countries around the world.

If you vouch for someone’s application to the CCGN, your personal information will be shared with those reviewing the application, including the Membership Council, and if you provide a positive vouching statement, that statement will be shared with the applicant if and when they are admitted for membership.

If you are admitted to membership in the CCGN, you will be given a public profile page, editable by you, which will be pre-populated with certain information you provide with your application. Your name, areas of interest, images and other content you upload will be publicly displayed to anyone who visits the site while logged in with their CCID. All other personal information that you submit to your profile page, including your biographical information, email address, languages spoken, country of residence, social media account information or URL details will be displayed only to CC and CCGN members. Further, if you are admitted, your information will be transferred to and from the various fora that further the CC mission and enable the CCGN, including country chapters, platforms, working groups, and the Membership Council, for purposes of governance participation, activity interaction, and other purposes related to the mission, vision, and activities of CC.

If your CCGN membership application is rejected, the personal information that was collected from you and from the voucher will be deleted 21 days after CC sends out the decision, with the exception of the voucher’s vote or abstention (e.g., vouch for applicant / does not vouch for applicant).

Funding and Participation Opportunities: When you apply for a scholarship, grant, or fellowship from Creative Commons, or when you apply to be selected to participate in one of our other programs, CC will collect certain personal information from you in order to evaluate your application and process your funding as necessary. CC collects and uses this personal information pursuant to its legitimate interest in providing funding and participation opportunities to its supporters and volunteers and in order to comply with its legal obligations under applicable law. We will share that information with the people who are designated to select participants in, and help manage, those programs, which may include people not employed by Creative Commons.

Other Voluntarily Provided Information: When you provide feedback to Creative Commons, sign a petition distributed by CC, or otherwise submit personal information to Creative Commons, CC collects and uses this personal information pursuant to its legitimate interest in better understanding our community of supporters and volunteers and in furtherance of the particular program or activity to which you provided feedback or other input.

License/Tool Selection . We use the personal information you provide to us as part of your selection of one of our licenses/tools to provide you the RDF, html, and the uniform resource locator that correspond to the license/tool you selected. Some older versions of the license chooser enable Creative Commons to send you this information via email. In those cases, your email address is expunged after this email has been sent. We may use all of this information to maintain usage data about our licenses/tools.

4. Retention of Personal Information

The majority of the personal information collected and used as explained in Section 3 above is aggregated and stored in a central database provided by a third party service provider. CC aggregates this data pursuant to its legitimate interest in having information stored in a single location to minimize complexity, increase consistency in internal practices, better understand its community of supporters and volunteers, and enhance the security of the data.  

CC erases the web browser logs described above on a regular, rolling basis. We generally retain other personal information for the purposes for which it was collected. This may mean that we retain your personal information indefinitely in some cases.

5. Access to Your Personal Information

You are generally entitled to access and transfer to a third party any personal information that Creative Commons holds and to have inaccurate data corrected or removed to the extent CC still maintains it. In certain circumstances, you also may have the right to object or restrict for legitimate reasons to the processing or transfer of personal information. If you wish to exercise any of these rights, please write to legal@creativecommons.org explaining your request. You also have the right to go directly to the relevant supervisory or legal authority, but we encourage you to contact us so that we may resolve your concerns directly as best we can.

6. Disclosure of Your Personal Information

CC does not disclose personal information to third parties except as specified elsewhere in this policy and in the following instances:

  1. Creative Commons may share personal information with our contractors and service providers in order to undertake the activities described in Section 3.  
  2. We may disclose your personal information to third parties in a good faith belief that such disclosure is reasonably necessary to (a) take action regarding suspected illegal activities; (b) enforce or apply our Master Terms and this Privacy Policy; (c) enforce our Charter, including the Code of Conduct and policies contained and incorporated therein, or (d) comply with legal process, such as a search warrant, subpoena, statute, or court order.

7. Security of Your Personal Information

Creative Commons has implemented reasonable physical, technical, and organizational security measures for personal information that Creative Commons processes against accidental or unlawful destruction, or accidental loss, alteration, unauthorized disclosure or access, in compliance with applicable law. However, no website can fully eliminate security risks. Third parties may circumvent our security measures to unlawfully intercept or access transmissions or private communications. If any data breach occurs, we will post a reasonably prominent notice to the Websites and comply with all other applicable data privacy requirements including, when required, personal notice to you if you have provided and we have maintained an email address for you.

The CC Login Services account systems have security risks in addition to those described above. Among other things, they are vulnerable to DNS attacks, and using any CC Login Service may increase the risk of phishing.

8. Children

The Services are not directed at children under the age of 13. Consistent with the U.S. federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personal information from anyone under the age of 13 without requiring parental consent. Our Master Terms specifically prohibit anyone using our Services from submitting any personally identifiable information about persons under 13 years of age. Any person who provides their personal information to CC through the Services represents that they are 13 years of age or older.

9. Third Party Service Providers

Creative Commons uses many third party service providers in connection with the Services, including website hosting services, database management, credit card processing, and many more. Some of these service providers may place session cookies on your computer, and they may collect and store your personal information on our behalf in accordance with the data practices and purposes explained above in Section 3.

10. Third Party Sites

The Services may provide links to a wide variety of third party websites. You should consult the respective privacy policies of these third-party websites. This Privacy Policy does not apply to, and we cannot control the activities of, such other websites.

11. Location of Services

If you are accessing or using the Services in regions with laws governing data collection, processing, transfer and use, please note that when we use and share your data as specified in this policy, we may transfer your information to recipients in countries other than the country in which the information was originally collected. Those countries may not have the same data protection laws as the country in which you initially provided the information.

The Services are currently hosted in the United States and the United Kingdom, which means your personal information may be located on servers in the United States and/or the United Kingdom.  This may change from time to time.  The majority of contractors that Creative Commons is using as of the effective date of this Privacy Policy are located in the United States and in Canada, but this may change from time to time.

12. Changes to this Privacy Policy

We may occasionally update this Privacy Policy. When we do, we will provide you with notice of such update through (at a minimum) a reasonably prominent notice on the Websites and Services, and will revise the Effective Date below. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting, using, processing and transferring the personal information we collect.

Effective Date: 13 September 2018.

#####EOF##### Frequently Asked Questions - Creative Commons
English | Français

Frequently Asked Questions

2019-04-02 14:07:11 UTC

These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information.

  • Other CC FAQs: CC0 Public Domain Dedication and Public Domain Mark.
  • “Licensor”, “rights holder”, “owner”, and “creator” may be used interchangeably to refer to the person or entity applying a CC license.
  • Information about the licenses is primarily made with reference to the 4.0 suite, but earlier license versions are mentioned where they differ.
  • Have a question that isn’t answered here? Contact info@creativecommons.org.

Creative Commons does not provide legal advice. This FAQ is for informational purposes and is not a substitute for legal advice. It may not cover important issues that affect you. You should consult with your own lawyer if you have questions.

About CC

What is Creative Commons and what do you do?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. Our legal tools help those who want to encourage reuse of their works by offering them for use under generous, standardized terms; those who want to make creative uses of works; and those who want to benefit from this symbiosis. Our vision is to help others realize the full potential of the internet. CC has affiliates all over the world who help ensure our licenses work internationally and who raise awareness of our work.

Although Creative Commons is best known for its licenses, our work extends beyond just providing copyright licenses. CC offers other legal and technical tools that also facilitate sharing and discovery of creative works, such as CC0, a public domain dedication for rights holders who wish to put their work into the public domain before the expiration of copyright, and the Public Domain Mark, a tool for marking a work that is in the worldwide public domain. Creative Commons licenses and tools were designed specifically to work with the web, which makes content that is offered under their terms easy to search for, discover, and use.

For more information about CC, our main website contains in-depth information about the organization, its staff and board of directors, its history, and its supporters. You can also read CC case studies to learn about some of the inspiring ways CC licenses and tools have been used to share works and support innovative business models. You can find regularly updated information about CC by visiting the blog.

Absolutely not. CC has responded to claims to the contrary. CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

That said, Creative Commons recognizes the need for change in copyright law, and many members of the Creative Commons community are active participants in the copyright reform movement. For more information, see our statement in support of copyright reform.

What does “Some Rights Reserved” mean?

Copyright grants to creators a bundle of exclusive rights over their creative works, which generally include, at a minimum, the right to reproduce, distribute, display, and make adaptations. The phrase “All Rights Reserved” is often used by owners to indicate that they reserve all of the rights granted to them under the law. When copyright expires, the work enters the public domain, and the rights holder can no longer stop others from engaging in those activities under copyright, with the exception of moral rights reserved to creators in some jurisdictions. Creative Commons licenses offer creators a spectrum of choices between retaining all rights and relinquishing all rights (public domain), an approach we call “Some Rights Reserved.”

No. Creative Commons is not a law firm and does not provide legal advice or legal services. CC is similar to a self-help service that offers free, form-based legal documents for others to use. These FAQ answers many of the most common questions. There is also specialized information available on the following pages:

While CC does provide this informational guidance about its licenses and other tools, this information may not apply to your particular situation, and should never be taken as legal advice.

If you’re looking for legal advice about using CC licenses and other tools, we recommend contacting the Creative Commons affiliate in your jurisdiction. CC affiliates are highly connected to the communities of copyright lawyers in their countries. We also offer a list of lawyers and organizations who have identified themselves as willing to provide information to others about CC licensing issues. However, please note that CC does not provide referral services, and does not endorse or recommend any person on that list.

Does Creative Commons collect or track material licensed under a CC license?

No, CC does not collect content or track licensed material. However, CC builds technical tools that help the public search for and use works licensed under our licenses and other legal tools, and many others have built such tools as well. CC Search is one tool developed by CC to help the public discover works offered under Creative Commons licenses on the internet via CC-aware search engines and repositories.

What do the Creative Commons buttons do?

The CC buttons are a shorthand way to convey the basic permissions associated with material offered under CC licenses. Creators and owners who apply CC licenses to their material can download and apply those buttons to communicate to users the permissions granted in advance. When the material is offered online, the buttons should usually link out to the human-readable license deeds (which, in turn, link to the license itself).

May I use the Creative Commons logo and buttons?

You may download high resolution versions of the Creative Commons logos and use them in connection with your work or your website, provided you comply with our policies. Among other things, if you use the logos on a website or on your work, you may not alter the logos in any respect—such as by changing the font, the proportions, or the colors. CC’s buttons, name, and corporate logo (the “CC” in a circle) are trademarks of Creative Commons. You cannot use them in ways not permitted by our policies unless you first receive express, written permission. This means, for example, that you cannot (without our permission) print your own buttons and t-shirts using CC logos, although you can purchase them in CC’s store.

I love Creative Commons. How can I help?

Please support CC by making a donation through our support page. Donations can be handled through PayPal or by credit card. You can also support CC by visiting our store.

CC always welcomes your feedback, which you can provide by emailing . You can also participate in CC’s email discussion lists and share feedback and ideas in one of those forums.

If you are a software developer, sysadmin, or have other technical expertise, please join our developer community and help build the tools that build the commons.

Finally, one of the best ways to support CC is by supporting our causes yourself. Follow our blog to find out about current issues where you can help get involved and spread the word, and advocate for free and open licensing in your own communities.

Why does Creative Commons run an annual fundraising campaign? What is the money used for and where does it go?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, with affiliates all over the world who help ensure our licenses work internationally and raise awareness about our work. Our tools are free, and our reach is wide.

In order to…

  • continue developing our licenses and public domain tools to make sure they are legally and technically up-to-date around the world,
  • help creators implement these tools on websites through best practices and individual assistance,
  • enable CC licensing on major content-sharing platforms,
  • enhance CC-licensed resource search and discovery,
  • advocate for CC licensing and open policies in education, science, and culture, and
  • myriad other activities we’re forgetting to mention, such as all the everyday boring but essential operations that go into running an organization

…we need $ to make it all happen! For more information, please take a look at our Annual Report.

Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. It is essential we have the public’s support because it is the creators and users of CC material who make our tools relevant in this digital age. They depend on the tools and services CC provides through their reuse and remix of the rich, open resources available on Wikipedia, Flickr, SoundCloud, Vimeo, Europeana, MIT OpenCourseWare, the Library of Science, Al Jazeera, and YouTube—just to name a few. Many of these people donate $10, $25, or $50 to CC, to help keep it up and running so we can continue to provide our tools and services for free, as a nonprofit organization. The more people who donate to CC, the more independent it will remain.

General License Information

What are Creative Commons licenses?

Creative Commons licenses provide an easy way to manage the copyright terms that attach automatically to all creative material under copyright. Our licenses allow that material to be shared and reused under terms that are flexible and legally sound. Creative Commons offers a core suite of six copyright licenses. Because there is no single “Creative Commons license,” it is important to identify which of the six licenses you are applying to your material, which of the six licenses has been applied to material that you intend to use, and in both cases the specific version.

All of our licenses require that users provide attribution (BY) to the creator when the material is used and shared. Some licensors choose the BY license, which requires attribution to the creator as the only condition to reuse of the material. The other five licenses combine BY with one or more of three additional license elements: NonCommercial (NC), which prohibits commercial use of the material; NoDerivatives (ND), which prohibits the sharing of adaptations of the material; and ShareAlike (SA), which requires adaptations of the material be released under the same license.

CC licenses may be applied to any type of work, including educational resources, music, photographs, databases, government and public sector information, and many other types of material. The only categories of works for which CC does not recommend its licenses are computer software and hardware. You should also not apply Creative Commons licenses to works that are no longer protected by copyright or are otherwise in the public domain. Instead, for those works in the worldwide public domain, we recommend that you mark them with the Public Domain Mark.

How do CC licenses operate?

CC licenses are operative only when applied to material in which a copyright exists, and even then only when a particular use would otherwise not be permitted by copyright. Note that the latest version of CC licenses also applies to rights similar to copyright, such as neighboring rights and sui generis database rights. Learn more about the scope of the licenses. This means that CC license terms and conditions are not triggered by uses permitted under any applicable exceptions and limitations to copyright, nor do license terms and conditions apply to elements of a licensed work that are in the public domain. This also means that CC licenses do not contractually impose restrictions on uses of a work where there is no underlying copyright. This feature (and others) distinguish CC licenses from some other open licenses like the ODbL and ODC-BY, both of which are intended to impose contractual conditions and restrictions on the reuse of databases in jurisdictions where there is no underlying copyright or sui generis database right.

All CC licenses are non-exclusive: creators and owners can enter into additional, different licensing arrangements for the same material at any time (often referred to as “dual-licensing” or “multi-licensing”). However, CC licenses are not revocable once granted unless there has been a breach, and even then the license is terminated only for the breaching licensee.

There are also videos and comics that offer visual descriptions of how CC licenses work.

Which is the latest version of the licenses offered by Creative Commons?

In November 2013, Creative Commons published the version 4.0 license suite. These licenses are the most up-to-date licenses offered by CC, and are recommended over all prior versions. You can see how the licenses have been improved over time on the license versions page. 4.0 has been drafted to be internationally valid, and will have official translations becoming available after publication.

No. By design, CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions. This is a fundamental principle of CC licensing.

Who gives permission to use material offered under Creative Commons licenses?

Our licenses and legal tools are intended for use by anyone who holds copyright in the material. This is often, but not always, the creator.

Creative Commons offers licenses and tools to the public free of charge and does not require that creators or other rights holders register with CC in order to apply a CC license to a work. This means that CC does not have special knowledge of who uses the licenses and for what purposes, nor does CC have a way to contact creators beyond means generally available to the public. CC has no authority to grant permission on behalf of those persons, nor does CC manage those rights on behalf of others.

If you would like to obtain additional permissions to use the work beyond those granted by the license that has been applied, or if you’re not sure if your intended use is permitted by the license, you should contact the rights holder.

Are Creative Commons licenses enforceable in a court of law?

Creative Commons licenses are drafted to be enforceable around the world, and have been enforced in court in various jurisdictions. To CC’s knowledge, the licenses have never been held unenforceable or invalid.

CC licenses contain a “severability” clause. This allows a court to eliminate any provision determined to be unenforceable, and enforce the remaining provisions of the license.

What happens if someone applies a Creative Commons license to my work without my knowledge or authorization?

CC alerts prospective licensors they need to have all necessary rights before applying a CC license to a work. If that is not the case and someone has marked your work with a CC license without your authorization, you should contact that person and tell them to remove the license from your work. You may also wish to contact a lawyer. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What are the international (“unported”) Creative Commons licenses, and why does CC offer “ported” licenses?

One of CC’s goals is ensuring that all of its legal tools work globally, so that anyone anywhere in the world can share their work on globally standard terms. To this end, CC offers a core suite of six international copyright licenses (formerly called the “unported”) that are drafted based largely on various international treaties governing copyright, taking into account as many jurisdiction-specific legal issues as possible. The latest version (4.0) has been drafted with particular attention to the needs of international enforceability.

For version 3.0 and earlier, Creative Commons has also offered ported versions of its six core licenses for many jurisdictions (which usually correspond to countries, but not always). These ported licenses are based on the international license suite but have been modified to reflect local nuances in the expression of legal terms and conditions, drafting protocols, and language. The ported licenses and the international licenses are all intended to be legally effective everywhere. CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

Can governments and intergovernmental organizations (“IGOs”) use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors’ overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the “machine readable” layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]”; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you’re uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC’s Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC’s legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC’s Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and running pilot programs that allow creators to use CC licenses in some circumstances.

If you are already a member of a collecting society and want to use CC licenses, you are welcome to encourage your collecting society to give you the option of Creative Commons licensing.

Can I still make money from a work I make available under a Creative Commons license?

Yes. One of our goals is to encourage creators and rights holders to experiment with new ways to promote and market their work. There are several possible ways of doing this.

CC’s NonCommercial (NC) licenses allow rights holders to maximize distribution while maintaining control of the commercialization of their works. If you want to reserve the right to commercialize your work, you may do this by choosing a license with the NC condition. If someone else wants to use your work commercially and you have applied an NC license to your work, they must first get your permission. As the rights holder, you may still sell your own work commercially.

You may also use funding models that do not depend on using an NC license. For example, many artists and creators use crowdfunding to fund their work before releasing it under a less restrictive license. Others use a “freemium” model where the basic content is free, but extras such as a physical printed version or special access to a members-only website are for paying customers only.

For more information and ideas, The Power of Open presents case studies of artists, businesspeople, and organizations who use CC.

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

No. CC licenses allow for flexibility in the way credit is provided depending on the medium, means, and context in which a licensee is redistributing licensed material. For example, providing attribution to the creator when using licensed material in a blog post may be different than doing so in a video remix. This flexibility facilitates compliance by licensees and reduces uncertainty about different types of reuse—minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded.

Can I change the license terms or conditions?

Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons” or “CC” license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials. Keep in mind that altering terms and conditions is distinct from waiving existing conditions or granting additional permissions than those in the licenses. Licensors may always do so, and many choose to do so using the CC+ protocol to readily signal the waiver or additional permission on the CC license deed.

CC does not assert copyright in the text of its licenses, so you are permitted to modify the text as long as you do not use the CC marks to describe it. However, we do not recommend this. We also advise against modifying our licenses through indirect means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other material. This would prevent licensees from using, combining, or remixing content under your customized license with other content under the same or compatible CC licenses.

Modifying licenses creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.

Can I waive license terms or conditions?

Yes. You may always choose to waive some license terms or conditions. Material licensed under a CC license but with additional permissions granted or conditions waived may be compatibly licensed with other material under the same license. Our CC+ protocol provides a mechanism for facilitating that grant or waiver.

Can I enter into separate or supplemental agreements with users of my work?

Yes. CC licenses are nonexclusive. Licensors always have the option of entering into separate arrangements for the sharing of their material in addition to applying a CC license. However, those different arrangements are not “CC” or “Creative Commons” licenses.

Separate agreements: You may offer the licensed material under other licenses in addition to the CC license (a practice commonly referred to as “dual licensing”). For example, you may wish to license a video game soundtrack under both a CC license and the GPL, so that it may be used under either set of terms. A reuser may then choose which set of terms to comply with. Or, for example, you may offer your material to the public under a NonCommercial license, but offer commercial permissions to fee-paying customers.

Supplemental agreements: Problems arise when licensors design those terms or arrangements to serve not as separate, alternative licensing arrangements but as supplemental terms having the effect of changing the standard terms within the CC license. While you may offer separate terms and conditions to other parties, you should not do so in such a way that would neutralize terms of the CC license.

Except in the limited situation where more permissions are being granted or license conditions are waived, if the additional arrangement modifies or conflicts with the CC license terms, then the resulting licensing arrangement is no longer a CC licensing arrangement. To avoid confusing those who may mistakenly believe the work is licensed under standard CC terms, we must insist that in these instances licensors not use our trademarks, names, and logos in connection with their custom licensing arrangement.

It should be noted that any agreements you make with other parties only have an effect on the other parties to that agreement, and do not apply to anyone else receiving the licensed material. For example, if there are terms of use that apply to visitors to your website on which you host CC-licensed material, your terms of use may apply to visitors to that website, but not to anyone who receives copies of the CC-licensed material elsewhere. Even for the visitors to your website, any separate terms and conditions do not become part of the license—they remain a separate contractual agreement, and violation of this agreement does not constitute copyright infringement.

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

A CC license terminates automatically when its conditions are violated. For example, if a reuser of CC-licensed material does not provide the attribution required when sharing the work, then the user no longer has the right to continue using the material and may be liable for copyright infringement. The license is terminated for the user who violated the license. However, all other users still have a valid license, so long as they are in compliance.

Under the 4.0 licenses, a licensee automatically gets these rights back if she fixes the violation within 30 days of discovering it.

If you apply a Creative Commons license and a user violates the license conditions, you may opt to contact the person directly to ask them to rectify the situation or consult a lawyer to act on your behalf. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

As long as users abide by license terms and conditions, licensors cannot control how the material is used. However, CC licenses do provide several mechanisms that allow licensors to choose not to be associated with their material or to uses of their material with which they disagree.

First, all CC licenses prohibit using the attribution requirement to suggest that the licensor endorses or supports a particular use. Second, licensors may waive the attribution requirement, choosing not to be identified as the licensor, if they wish. Third, if the licensor does not like how the material has been modified or used, CC licenses require that the licensee remove the attribution information upon request. (In 3.0 and earlier, this is only a requirement for adaptations and collections; in 4.0, this also applies to the unmodified work.) Finally, anyone modifying licensed material must indicate that the original has been modified. This ensures that changes made to the original material–whether or not the licensor approves of them–are not attributed back to the licensor.

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

The use of any effective technical protection measures (such as digital rights management or “DRM”) by licensees to prevent others from exercising the licensed rights is prohibited.

Not all kinds of encryption or access limitations are prohibited by the licenses. For example, sending content via email and encrypting it with the recipient’s public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a particular set of users (for example, by requiring a username and password to enter a site) does not restrict further use of the content by the recipients. In these examples, these things do not prevent the recipient from exercising all of the rights granted by the license, including the right to redistribute it further.

If someone is applying effective technological measures to your CC-licensed material that do restrict exercise of the licensed rights (such as applying DRM that restricts copying), this is a violation of the license terms unless you have chosen to grant this permission separately.

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

No. CC licenses grant permission to use the licensed material in any media or format regardless of the format in which it has been made available. This is true even if you have applied a NoDerivatives license to your work. Once a CC license is applied to a work in one format or medium, a licensee may use the same work in any other format or medium without violating the licensor’s copyright.

What if I change my mind about using a CC license?

CC licenses are not revocable. Once something has been published under a CC license, licensees may continue using it according to the license terms for the duration of applicable copyright and similar rights. As a licensor, you may stop distributing under the CC license at any time, but anyone who has access to a copy of the material may continue to redistribute it under the CC license terms. While you cannot revoke the license, CC licenses do provide a mechanism for licensors to ask that others using their material remove the attribution information. You should think carefully before choosing a Creative Commons license.

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

CC offers six core licenses, each of which grants a different set of permissions. Before you use CC-licensed material, you should review the terms of the particular license to be sure your anticipated use is permitted. If you wish to use the work in a manner that is not permitted by the license, you should contact the rights holder (often the creator) to get permission first, or look for an alternative work that is licensed in a way that permits your anticipated use. Note that if you use material in a way that is not permitted by the applicable license and your use is not otherwise permitted by an applicable copyright exception or limitation, the license is automatically terminated and you may be liable for copyright infringement, even if you are eligible to have your rights reinstated later.

Before using material offered under a Creative Commons license, you should know that CC licenses only grant permissions needed under copyright and similar rights, and there may be additional rights you need to use it as intended. You should also understand that licensors do not offer warranties or guarantees about the material they are licensing unless expressly indicated otherwise. All materials are licensed “AS IS” and a disclaimer of warranties applies unless expressly provided otherwise. If you want to ask for a warranty or guarantee about rights to use the material, you should talk with the licensor before using it.

Does a Creative Commons license give me all the rights I need to use the work?

It depends. CC licenses do not license rights other than copyright and similar rights (which include sui generis database rights in version 4.0). For example, they do not license trademark or patent rights, or the publicity, personality, and privacy rights of third parties. However, licensors agree to waive or not assert any moral rights, publicity rights, personality rights, or privacy rights they themselves hold, to the limited extent necessary to allow exercise of the licensed rights. Any rights outside of the scope of the license may require clearance (i.e., permission) in order to use the work as you would like.

Additionally, creative works sometimes incorporate works owned by others (known as “third party content”), often used pursuant to a CC license or under an exception or limitation to copyright such as fair use in the U.S. You should make sure you have permission to use any third party content contained in the work you want to use, or that your use is otherwise allowed under the laws of your jurisdiction, particularly in cases such as fair use where your right to use the content depends on the particular context in which you plan to use it.

All CC licenses contain a disclaimer of warranties, meaning that the licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work. You may wish to obtain legal advice before using CC-licensed material if you are not sure whether you have all the rights you need.

What if there are sui generis database rights that apply to my use of a CC-licensed database?

In the somewhat limited circumstances where sui generis database rights apply to your use, special conditions apply and there are more specific considerations you should be aware of. Under 4.0, sui generis database rights are licensed alongside copyright, but the treatment in earlier versions of the license varies. A fuller explanation of these variations and related considerations is available in the Data FAQ.

Where can I find material offered under a CC license?

If you are looking for material offered under a Creative Commons license, CC Search is a good starting point. There is also a directory of organizations and individuals who use CC licenses. Some media sites, such as Flickr, have search filters for material licensed using CC’s licenses.

Be sure to confirm that the material you want to use is actually under a CC license, as search results may sometimes be misleading.

Are Creative Commons works really free to use?

Yes. While many if not most CC-licensed works are available at no cost, some licensors charge for initial access to CC-licensed works—for example, by publishing CC-licensed content only to subscribers, or by charging for downloads. However, even if you have paid an access charge, once you have a copy of CC-licensed material, you may make any further uses permitted by the license without paying licensing fees.

(If you wish to make uses that are not permitted by the license—for example, making a commercial use of an NC-licensed photo—the licensor may charge for those additional rights.)

What should I know about differences between the international licenses and the ported licenses?

As a licensee, you should always read and understand the relevant license’s legal code before using CC-licensed material, particularly if you are using material that is licensed using a ported license with which you are unfamiliar. Our porting process involved adapting the international licenses to the legal framework of different jurisdictions, and in that process slight adjustments may have been made that you should make yourself aware of in advance of using the material. You can find more information about the ported licenses in the Jurisdiction Database.

There are currently no ported versions of 4.0, and we expect there will be few, if any, in the future. All official translations of the 4.0 international licenses are equivalent: you may substitute one for another depending on your preferred language.

However, the ported versions of 3.0 and earlier sometimes contain small differences from the international license depending on the ways in which they have been adapted to their jurisdictions. For example, a handful of the ported licenses contain provisions specifying which laws will apply in the event the licensor chooses to enforce the license, and a few of the ported licenses contain forum selection clauses.

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Contact the rights holders to ask for permission. Otherwise, unless an exception or limitation to copyright applies, your use of the material may violate the Creative Commons license. If you violate the terms of the license, your rights to use the material will be automatically terminated, and you may be liable for copyright infringement.

Do I always have to comply with the license terms? If not, what are the exceptions?

You need to comply with the license terms if what you are doing would otherwise require permission from the rights holder. If your use would not require permission from the rights holder because it falls under an exception or limitation, such as fair use, or because the material has come into the public domain, the license does not apply, and you do not need to comply with its terms and conditions. Additionally, if you are using an excerpt small enough to be uncopyrightable, the license does not apply to your use, and you do not need to comply with its terms.

However, if you are using excerpts of CC-licensed material which individually are minimal and do not require license compliance, but together make up a significant copyrightable chunk, you must comply with the license terms. For example, if you quote many individual lines from a poem across several sections of a blog post, and your use is not a fair use, you must comply with the license even though no individual line would have been a substantial enough portion of the work to require this.

Attribution

How do I properly attribute material offered under a Creative Commons license?

All CC licenses require users to attribute the creator of licensed material, unless the creator has waived that requirement, not supplied a name, or asked that her name be removed. Additionally, you must retain a copyright notice, a link to the license (or to the deed), a license notice, a notice about the disclaimer of warranties, and a URI if reasonable. For versions prior to 4.0, you must also provide the title of the work. (Though it is not a requirement in 4.0, it is still recommended if one is supplied.)

You must also indicate if you have modified the work—for example, if you have taken an excerpt, or cropped a photo. (For versions prior to 4.0, this is only required if you have created an adaptation by contributing your own creative material, but it is recommended even when not required.) It is not necessary to note trivial alterations, such as correcting a typo or changing a font size. Finally, you must retain an indication of previous modifications to the work.

CC licenses have a flexible attribution requirement, so there is not necessarily one correct way to provide attribution. The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner. Additionally, you may satisfy the attribution requirement by providing a link to a place where the attribution information may be found.

While the attribution requirements in the license are the minimum requirement, we always recommend that you follow the best practices for the kind of use you are making. For example, if you are using scientific data marked with CC0, you are not required to give attribution at all, but we recommend that you give the same credit you would give to any other source—not because the license requires it, but because that is the standard for letting others know the source of the data.

The CC website offers some best practices to help you attribute properly, and the CC Australia team has developed a helpful guide to attributing CC-licensed material (.pdf) in different formats. Note that the attribution and marking requirements vary slightly among license versions. See here for a chart comparing the specific requirements.

Do I need to be aware of anything else when providing attribution?

Yes. You need to be careful not to imply any sponsorship, endorsement, or connection with the licensor or attribution party without their permission. Wrongfully implying that a creator, publisher, or anyone else endorses you or your use of a work may be unlawful. Creative Commons makes the obligation not to imply endorsement explicit in its licenses. In addition, if the licensor of a work requests that you remove the identifying credit, you must do so to the extent practical.

Additionally, when you are using a work that is an adaptation of one or more pre-existing works, you may need to give credit to the creator(s) of the pre-existing work(s), in addition to giving credit to the creator of the adaptation.

Do I always have to attribute the creator of the licensed material?

You must attribute the creator when you provide material to the public by any means that is restricted by copyright or similar rights. If you are using the material personally but are not making it or any adaptations of it available to others, you do not have to attribute the licensor. Similarly, if you are only distributing the material or adaptations of it within your company or organization, you do not have to comply with the attribution requirement. Learn more about when compliance with the license is not required.

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such.

Can I take a CC-licensed work and use it in a different format?

Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.

This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work.

How do I know if a low-resolution photo and a high-resolution photo are the same work?

As with most copyright questions, it will depend on applicable law. Generally, to be different works under copyright law, there must be expressive or original choices made that make one work a separate and distinct work from another. The determination depends on the standards for copyright in the relevant jurisdiction.

Under U.S. copyright law, for example, mechanical reproduction of a work into a different format is unlikely to create a separate, new work. Consequently, digitally enhancing or changing the format of a work absent some originality, such as expressive choices made in the enhancement or encoding, will not likely create a separate work for copyright purposes. The creative bar is low, but it is not non-existent. Accordingly, in some jurisdictions releasing a photograph under a CC license will give the public permission to reuse the photograph in a different resolution.

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

The NoDerivs licenses (BY-ND and BY-NC-ND) prohibit reusers from creating adaptations. What constitutes an adaptation, otherwise known as a derivative work, varies slightly based on the law of the relevant jurisdiction.

Incorporating an unaltered excerpt from an ND-licensed work into a larger work only creates an adaptation if the larger work can be said to be built upon and derived from the work from which the excerpt was taken. Generally, no derivative work is made of the original from which the excerpt was taken when the excerpt is used to illuminate an idea or provide an example in another larger work. Instead, only the reproduction right of the original copyright holder is being exercised by person reusing the excerpt. All CC licenses grant the right to reproduce a CC-licensed work for noncommercial purposes (at a minimum). For example, a person could make copies of one chapter of an ND-licensed book and not be in violation of the license so long as other conditions of the license are met.

There are exceptions to that general rule, however, when the excerpts are combined with other material in a way that creates some new version of the original from which the excerpt is taken. For example, if a portion of a song was used as part of a new song, that may rise to the level of creating an adaptation of the original song, even though only a portion of it was used and even if that portion was used as-is.

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

No. When you receive material under a Creative Commons license, you may not place additional terms and conditions on the reuse of the work. This includes using effective technological measures (ETMs) that would restrict a licensee’s ability to exercise the licensed rights.

A technological measure is considered an ETM if circumventing it carries penalties under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements. Generally, this means that the anti-circumvention laws of various jurisdictions would cover attempts to break it.

For example, if you remix a CC-licensed song, and you wish to share it on a music site that places digital copy-restriction on all uploaded files, you may not do this without express permission from the licensor. However, if you upload that same file to your own site or any other site that does not apply DRM to the file, and a listener chooses to stream it through an app that applies DRM, you have not violated the license.

Note that merely converting material into a different format that is difficult to access or is only available for certain platforms does not violate the restriction; you may do this without violating the license terms.

Can I share CC-licensed material on password-protected sites?

Yes. This is not considered to be a prohibited measure, so long as the protection is merely limiting who may access the content, and does not restrict the authorized recipients from exercising the licensed rights. For example, you may post material under any CC license on a site restricted to members of a certain school, or to paying customers, but you may not place effective technological measures (including DRM) on the files that prevents them from sharing the material elsewhere.

(Note that charging for access may not be permitted with NC-licensed material; however, it is not disallowed by the restriction on ETMs.)

Can I share CC-licensed material on file-sharing networks?

Yes. All CC licenses allow redistribution of the unmodified material by any means, including distribution via file-sharing networks. Note that file-trading is expressly considered to be noncommercial for purposes of compliance with the NC licenses. Barter of NC-licensed material for other items of value is not permitted.

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

If you have received material under a CC license that is encumbered with effective technological measures (such as digital rights management or DRM), you may or may not be permitted to break it, depending on the circumstances. By releasing material under a CC license, the licensor agrees not to assert any rights she may have to prevent the circumvention of effective technological measures. (Under the 3.0 and earlier licenses, this is implied but not explicit.) However, if she has uploaded it to a site or other distribution channel that itself applies such measures, that site may have the right to prevent you from breaking them, even though the licensor herself cannot do so.

Note that anti-circumvention laws can impose criminal liability in some jurisdictions.

What if I have received CC-licensed material with additional restrictions?

It is possible that CC-licensed material will appear on platforms that impose terms in addition to the copyright license (though Creative Commons strongly discourages restrictions that interfere with exercise of the licensed rights). These additional terms do not form part of the license for the work. For example, if you download CC-licensed material from a site that does not permit downloading, you may be breaking the terms of use of the site, but you are not infringing the CC license. See our guide to Modifying the CC licenses for more guidance and information.

Combining and adapting CC material

When is my use considered an adaptation?

Whether a modification of licensed material is considered an adaptation for the purpose of CC licenses depends primarily on the applicable copyright law. Copyright law reserves to an original creator the right to create adaptations of the original work. CC licenses that allow for adaptations to be shared—all except BY-ND and BY-NC-ND—grant permission to others to create and redistribute adaptations when doing so would otherwise constitute a violation of applicable copyright law. Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable, such as a translation of a novel from one language to another, or the creation of a screenplay based on a novel.

Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation, whether or not it would be considered so under applicable law. Also, under version 4.0, certain uses of databases restricted by sui generis database rights also constitute adaptations (called “Adapted Material” in the 4.0 licenses), whether or not they would be considered adaptations under copyright law. For more details about adaptations in the database context, see the Data FAQ.

Note that all CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license.

Note on terminology: throughout these FAQs, we use the term “remix” interchangeably with “adapt.” Both are designed to mean doing something that constitutes an adaptation under copyright law.

Can I combine material under different Creative Commons licenses in my work?

It depends. The first question to ask is whether doing so constitutes an adaptation. If the combination does not create an adaptation, then you may combine any CC-licensed content so long as you provide attribution and comply with the NonCommercial restriction if it applies. If you want to combine material in a way that results in the creation of an adaptation (i.e. a “remix”), then you must pay attention to the particular license that applies to the content you want to combine.

The NoDerivatives licenses do not permit remixing except for private use (the pre-4.0 licenses do not permit remixing at all, except as allowed by exceptions and limitations to copyright). All the other CC licenses allow remixes, but may impose limitations or conditions on how the remix may be used. For example, if you create a remix with material licensed under a ShareAlike license, you need to make sure that all of the material contributed to the remix is licensed under the same license or one that CC has named as compatible, and you must properly credit all of the sources with the required attribution and license information. Similarly, if you want to use a remix for commercial purposes, you cannot incorporate material released under one of the NonCommercial licenses.

The chart below shows which CC-licensed material can be remixed. To use the chart, find a license on the left column and on the top right row. If there is a check mark in the box where that row and column intersect, then the works can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies. See below for details on how remixes may be licensed.

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If you make adaptations of material under a CC license (i.e. “remix”), the original CC license always applies to the material you are adapting even once adapted. The license you may choose for your own contribution (called your “adapter’s license”) depends on which license applies to the original material. Recipients of the adaptation must comply with both the CC license on the original and your adapter’s license.

  • BY and BY-NC material

When remixing BY or BY-NC material, it is generally recommended that your adapter’s license include at least the same license elements as the license applied to the original material. This eases reuse for downstream users because they are able to satisfy both licenses by complying with the adapter’s license. For example, if you adapt material licensed under BY-NC, your adapter’s license should also contain the NC restriction. See the chart below for more details.

  • BY-SA and BY-NC-SA material

In general, when remixing ShareAlike content, your adapter’s license must be the same license as the license on the material you are adapting. All licenses after version 1.0 also allow you to license your contributions under a later version of the same license, and some also allow ported licenses. (See the license versions page for details.) If you wish to adapt material under BY-SA or BY-NC-SA and release your contributions under a non-CC license, you should visit the Compatibility page to see which options are allowed.

  • BY-ND and BY-NC-ND material

The BY-ND and BY-NC-ND licenses do not permit distribution of adaptations (also known as remixes or derivative works), and prohibits the creation of adaptations under the pre-4.0 versions of those licenses. Since you may not share remixes of these materials at all, there is no compatibility with other licenses. (Note that the ND licenses do allow you to reproduce the material in unmodified form together with other material in a collection, as indicated in the next FAQ.)

  • Adapter’s license chart

The chart below details the CC license(s) you may use as your adapter’s license. When creating an adaptation of material under the license identified in the lefthand column, you may license your contributions to the adaptation under one of the licenses indicated on the top row if the corresponding box is green. CC does not recommend using a license if the corresponding box is yellow, although doing so is technically permitted by the terms of the license. If you do, you should take additional care to mark the adaptation as involving multiple copyrights under different terms so that downstream users are aware of their obligations to comply with the licenses from all rights holders. Dark gray boxes indicate those licenses that you may not use as your adapter’s license.

Adapter’s license chart Adapter’s license
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work PD              
BY              
BY-NC              
BY-NC-ND              
BY-NC-SA              
BY-ND              
BY-SA              
Abbreviation Key

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

All Creative Commons licenses (including the version 4.0 licenses) allow licensed material to be included in collections such as anthologies, encyclopedias, and broadcasts. You may choose a license for the collection, however this does not change the license applicable to the original material.

When you include CC-licensed content in a collection, you still must adhere to the license conditions governing your use of the material incorporated. For example, material under any of the Creative Commons NonCommercial licenses cannot be used commercially. The table below indicates what type of CC-licensed works you may incorporate into collections licensed for commercial and noncommercial uses.

Original Work Commercial Collection (BY, BY-SA, BY-ND) NonCommercial Collection (BY-NC, BY-NC-SA, BY-NC-ND)
PD    
BY    
BY-NC    
BY-NC-ND    
BY-NC-SA    
BY-ND    
BY-SA    

License termination

When do Creative Commons licenses expire?

Creative Commons licenses expire when the underlying copyright and similar rights expire.

Note that the relevant rights may expire at different times. For example, you may have a CC-licensed song where the rights in the musical arrangement expire before the rights in the lyrics. In this case, when the copyright in the music expires, you may use it without being required to comply with the conditions of the CC license; however, you must still comply with the license if you use the lyrics.

What happens if the author decides to revoke the CC license to material I am using?

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms. Of course, you may choose to respect the licensor’s wishes and stop using the work.

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

All of the CC licenses terminate if you fail to follow the license conditions. If this happens, you no longer have a license to use the material.

In the 4.0 licenses, your rights under the license are automatically reinstated if you correct this failure within 30 days of discovering the violation (either on your own or because the licensor or someone else has told you). Under the 3.0 and earlier licenses, there is no automatic reinstatement.

If you have lost your rights under a CC license and are not entitled to automatic reinstatement, you may regain your rights under the license if the licensor expressly grants you permission. You cannot simply re-download the material to get a new license.

Note that you may still be liable for damages for copyright infringement for the period where you were not in compliance with the license.

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

The Creative Commons licenses have three layers, as does the CC0 public domain dedication: the human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The Public Domain Mark is not legally operative, and so has only two layers: the human-readable mark and machine-readable metadata.

When material is licensed using any of the CC licenses or tools, it is highly recommended that a CC button, text, or other marker somehow accompany it. There are many possible modes for marking. For our licenses, people generally use the CC license chooser to generate HTML code that can be pasted into the webpage where the licensed material is published. CC0 and the Public Domain Mark have a separate chooser. Many platforms and web services such as Flickr and Drupal support CC licensing directly, allowing you to select an appropriate license. The service then properly marks the work for you.

CC has published some best practices for marking your CC-licensed material, and recommends:

  • Including a visual indicator (some combination of text and images) that the work is licensed with one of the CC licenses.
  • Clearly indicating what material is covered under the CC license, especially if it’s presented alongside non-licensed materials.
  • Including a link to the human-readable deed (which itself contains a link to the legal code).
  • Embedding machine-readable metadata in the code of the license indicator or code of the licensed page.

See the marking page for more details.

What does it mean that Creative Commons licenses are “machine-readable”?

Creative Commons has specified CC REL as a way to associate machine-readable licensing metadata with objects offered under CC licenses.

Before Creative Commons developed this vocabulary, it was difficult for a machine to ascertain whether an object was marked with a CC license. There was also no standard, predictable place to house metadata about that license (for example, the source URL of the work or the required mode of attribution).

Machine-readable metadata based on well-accepted metadata standards creates a platform upon which new services and applications can be built. Software and services can detect CC licenses and the details of that license, as described by the metadata. For example, on many websites and search engines such as Google and Flickr, you can run filtered searches for works offered under specific CC licenses. In addition, CC license deeds can automatically create copy-and-paste attribution code so users may easily comply with the BY condition of the licenses. When you click on a CC license or button from a page with license metadata, you get copy-and-paste attribution HTML within that license deed page. That HTML is based on available RDFa metadata in the original material.

All HTML provided by the CC license chooser is automatically annotated with metadata in RDFa format.

What is RDFa?

RDFa is a method for embedding structured data in a web page. For more information about RDFa, see the following resources:

What is CC REL and why does Creative Commons recommend it?

Creative Commons Rights Expression Language (CC REL) renders information about licenses and works machine-readable through standards that define the semantic web. Creative Commons wants to make it easy for creators and scientists to build upon the works of others when they choose; licensing your work for reuse and finding properly licensed works to reuse should be easy. CC recommends that you mark your licensed works with CC REL. The Creative Commons license chooser provides HTML annotated with CC REL, while the Creative Commons deeds recognize CC REL on web pages with works offered under a CC license, and use this metadata to enhance the deed for properly marked-up works, e.g., by providing copy and paste HTML that includes work attribution.

For more background information on CC REL, please refer to this paper.

What does it mean for a search engine to be CC-enabled?

Some search engines (like Google) allow people to filter their search results by usage rights so that you can limit your search results according to the particular CC license you seek. For example, if you are looking for a photo to adapt, you can filter your search to return photos that have a CC license that permits creation of adaptations. You can generally find this search feature on the advanced search page of your selected search engine. You can also use CC Search, which offers a convenient interface to search and a list of those content providers that support searches for content based on usage rights.

Please note, however, that you should always double check to make sure that the work you locate through a search is licensed as you wish.

How do I give users of my site the option to use CC licensing like Flickr does?

Creative Commons provides tools for integrating license selection with your site. You can find an overview at the Web Integration article on the CC wiki. The Partner Interface is a good way to get started and will always have the most up-to-date license versions and translations. However, there is also an API available if you want more control.

How can I change or remove the Creative Commons search option built into the Firefox browser?

Mozilla has included the Creative Commons search function in many versions of Firefox along with search options for Google, Amazon, and other popular sites. Please take a look at the Firefox article on the CC wiki for an explanation of how to change these features.

If you want to add or remove a particular search option, click on the logo in the search box (for example, the CC logo or the Google logo). This will open the pull down menu, which will allow you to select different search providers. If you choose “Manage Search Engines,” you will be able to add or remove search engines. You can also alter the order in which the search providers appear on the pull down menu.

Is Creative Commons involved in digital rights management (DRM)?

No. CC licenses are a form of rights expression, not rights management. CC provides tools to make it easier for creators and owners to say which rights they reserve and permissions they grant. This is different from digital rights management (or “DRM”), which uses technological protection measures to prevent people from using the work in a way that the owner has not permitted.

CC licenses contain language prohibiting licensees from the use of effective technological measures (including DRM) to prevent access to licensed material: ”You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any such recipient.”

While licensors may apply effective technological measures (ETMs) to their own materials, the licensor provides a limited permission to circumvent these measures: “The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures.” Note that this only applies to effective technological measures applied by licensors themselves: third parties such as distribution platforms may still apply ETMs if the licensor uploads there, and the license is not able to grant you permission to circumvent it.

Copyright law grants exclusive rights to creators of original works of authorship. National laws usually extend protections to such works automatically once fixed in a tangible medium, prohibiting the making of copies without the rights holder’s permission, among other things. On the internet, even the most basic activities involve making copies of copyrighted content. As content is increasingly uploaded, downloaded, and shared online, copyright law is becoming more relevant to more people than it was 20 years ago. Unfortunately, infringing copyrights—even unintentionally or unknowingly—can lead to liability. Successful navigation of the internet requires some understanding of copyright law.

What is the public domain?

The public domain of copyright refers to the aggregate of those works that are not restricted by copyright within a given jurisdiction. A work may be part of the public domain because the applicable term of copyright has expired, because the rights holder surrendered copyright in the work with a tool like CC0, or because the work did not meet the applicable standards for copyrightability.

Because the public domain depends on the copyright laws in force within a particular territory, sometimes a work may be considered “in the public domain” of one jurisdiction, but not in another. For example, U.S. government works are automatically in the public domain under U.S. copyright law, but might be restricted by copyright in other countries.

The Public Domain Manifesto, the University Libraries page, and the CC0 FAQs all contain additional information about the public domain.

Copyright in most jurisdictions attaches automatically without need for any formality once a creative work is fixed in tangible form (i.e. the minute you put pen to paper, take a photo, or hit the “save” button on your computer).

In some jurisdictions, creators may be required to register with a national agency in order to enforce copyright in court. If you would like more information, please consult the Berne Convention or your jurisdiction’s copyright law.

Although you do not have to apply a copyright notice for your work to be protected, it may be a useful tool to clearly signal to people that the work is yours. It also tells the public who to contact about the work.

What is an adaptation?

An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.

In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter’s personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil’s copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction’s copyright law for more information.

What are moral rights?

Copyright laws in many jurisdictions around the world grant creators “moral rights” in addition to the economic or commercial right to exploit their creative works. Moral rights protect the personal and reputational value of a work for its creator. Moral rights differ by country, and can include the right of attribution, the right to have a work published anonymously or pseudonymously, and/or the right to the integrity of the work. The moral right of integrity may provide creators with a source for redress if an adaptation represents derogatory treatment of their work, typically defined as “distortion or mutilation” of the work or treatment that is “prejudicial to the honor, or reputation of the author.” Not all jurisdictions provide for moral rights.

The CC licenses are intended to minimize the effect of moral rights on a licensee’s ability to use licensed material; however, in some jurisdictions, these rights may still have an effect. CC offers some additional information on how CC licenses may affect your moral rights.

What are neighboring rights?

Copyright provides an incentive to create works by providing exclusive rights to creators. However, the distribution or exploitation of a work often involves more than just the creator. For example, if someone writes a song, someone else may perform the song, and another may produce the recording of the song. Some jurisdictions extend copyright to the contributions made by these persons; other jurisdictions extend such exclusive rights in the form of neighboring rights. Neighboring rights may include performers’ rights or broadcasters’ rights, among others. The Rome Convention sets forth some guidelines on the scope of neighboring rights. Not all jurisdictions recognize neighboring rights.

What are sui generis database rights?

Sui generis database rights grant qualifying database makers the right to prohibit the extraction and reuse of a substantial portion of a database. The rights are granted to database makers that make a substantial investment of time and resources to create the database. Sui generis database rights are primarily enacted within the European Union and a handful of other jurisdictions.

What are collecting societies?

Collecting societies are copyright management organizations. Some examples of collecting societies include ASCAP and BMI (United States), BUMA/STEMRA (Netherlands), PRS (United Kingdom), and APRA (Australia). These societies license works on behalf of their owners and process royalty payments from parties using the copyrighted works.

CC offers additional information on how collecting societies might affect your rights and your ability to apply CC licenses to your work. CC has several pilots underway with collecting societies that have chosen to allow their members to use CC licenses on a limited basis.

What are publicity, personality, and privacy rights?

These terms are used differently in different jurisdictions. Generally speaking, these rights allow individuals to control the use of their voice, image, likeness, or other identifiable aspect of their identity, especially for purposes of commercial exploitation. Similarly, in some jurisdictions these rights allow people to restrict others’ ability to publish information about them without their permission. Whether and to what extent these rights exist, and if so, how they are labeled, varies depending on the jurisdiction.

Creative Commons licenses have a limited effect on these rights where the licensor holds them. Where the licensor has publicity, personality, or privacy rights that may affect your ability to use the material as the license intends, the licensor agrees to waive or not assert those rights. However, any such rights not held by the licensor are not affected and may still affect your desired use of a licensed work. If you have created a work or wish to use a work that might in some way implicate these rights, you may need to obtain permission from the individuals whose rights may be affected.

Data

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

: Uses of CC Licenses with Data and Databases : Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker’s investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [marking page]https://wiki.creativecommons.org/wiki/Marking_your_work_with_a_CC_license “wikilink”) for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights–but not copyright–are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.1 These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker’s substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Artificial intelligence and CC licenses

What are the limits on how CC-licensed works can be used in the development of new technologies, such as training of artificial intelligence software?

The licenses grant permission for reuse in any situation that requires permission under copyright. There are many ways in which CC-licensed work works and even all rights reserved works can be reused without permission. This includes uses that are fair uses, for example.

If someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected. This is one of the enduring qualities of our licenses — they have been carefully designed to work with all new technologies where copyright comes into play. No special or explicit permission regarding new technologies from a copyright perspective is required.

But what about privacy laws, rules governing ethical research, and data protection laws?

CC’s copyright licenses are not universal policy tools. Copyright is the primary obstacle to reuse that our licenses solve, but there are many other issues related to the reuse of content that our licenses do not address and that reusers should be aware of. These can include privacy and rules governing ethical research and the collection or use of data, which have to be addressed and respected separate and apart from the copyright issues that CC licenses cover.

What attribution obligations exist when CC-licensed images are included in a published dataset? Is linking to the original image or URI required, and if so, is it adequate?

It depends. First, keep in mind that CC licenses never limit uses that copyright doesn’t control. For example, as a general matter text and data mining in the United States is considered a fair use and does not require permission under copyright. This means that reusers engaged in text and data mining do not have to adhere to the marking and attribution requirements in our licenses for that activity even though we strongly recommend they do so anyway. A second example is linking. In some countries, linking to copyrighted content doesn’t require permission under copyright law, which means the CC license obligations do not come into play even though the linked content is CC-licensed.

Where a CC-licensed work is distributed as part of a database or dataset, and assuming copyright (or in the European Union, copyright or sui generis database rights) is triggered, then the license conditions must be respected. This means providing the required attribution information in a way that is reasonable under the circumstances. Our licenses allow for some flexibility, and in some cases that may be as simple as providing a link to the website where the relevant attribution information is provided. Visit our marking practices page for more information.

If a for-profit company uses CC-licensed content under a Non Commercial license and releases the work under terms that allow only research purposes, is the NC restriction violated?

This depends on whether any of the uses made of the works by the company, whether for profit or non profit, are primarily intended for commercial advantage or monetary compensation. This is hard to know without having all of the facts about how a work was used, whether internally by the company for its own purposes or how the work was distributed for further use. Visit our NC page for more information about what constitutes commercial and non commercial uses of works.

If NC-licensed content is redistributed to the public under an NC license, that distribution would not violate the NC clause. (Note that CC strongly discourages the use of any license terms other than a CC NC license for redistributions of NC-licensed content.)

If CC SA-licensed content is included in a database, does the entire database have to be licensed under an SA license?

CC licenses never require a reuser of a CC-licensed work to make the original work or resulting works (collections, derivatives, etc.) publicly available. There are lots of private reuses of works that are permitted by CC’s licenses that do not require compliance with their terms. Regarding ShareAlike, the condition only applies if a work is modified and if the work is shared publicly. In the situation where a reuser created a dataset of photos and made it publicly available, and assuming copyright permission is required, then what is released is likely a collection or compilation of pre-existing works. CC licenses do not require the collection or the compilation itself to be made available under an SA license, even though each individual work is still licensed individually under an SA license and if they were modified by the distributor the modified photo would need to be licensed under the same terms. For example, were Creative Commons to compile photographs from a photo sharing website under a BY-SA 2.0 license and create a database that it then publicly distributed, CC could license the collection as a whole under a BY license, but the photographs would continue to be licensed under BY-SA 2.0.

What, if any, remedies, do users have if they dislike how their photos or images have been reused?

Several remedies are potentially available. Some may be available if the CC license terms have been violated, and others may be available through other, separate avenues because they involve other laws or regulations that the CC licenses do not cover. It’s important to remember, however, that absent a violation of the license the permissions granted under the license remain in place and cannot be revoked.

  • Under the CC licenses, even if a license condition has not been violated licensors can ask that attribution to them be removed so they can distance themselves from the reuse.
  • For violations of a CC license term where the license was required (not a fair use, etc.) then you may have a claim for copyright infringement. Fortunately, in the CC community most license violations are handled amicably without resorting to the courts.
  • For claims involving laws and regulations other than copyright, recourse may be available depending on your local laws.

An important starting point for any would-be sharer of content under a CC license is to educate yourself in advance about how they work and what rights they do and do not cover. We have many FAQs on our website. We also provide human-readable deeds with links to the full text of our licenses. Additionally, all of our licenses highlight at the beginning many considerations that licensors should have in mind before they license, and considerations for reusers of works before they do so in order to avoid inadvertent violations.

Notes

  1. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).↩

#####EOF##### Copyright Reform - Creative Commons
Creative Commons > What we do > Program areas > Policy / advocacy / copyright reform > Copyright Reform

Copyright Reform

Creative Commons (CC) has enabled a new approach to copyright licensing. CC licenses facilitate novel social, educational, technological, and business practices, and support productive relationships around networked knowledge and culture.

We are dedicated stewards of our licenses and tools, and we educate users, institutions, and policymakers about the positive benefits of adopting CC licenses. Our licenses will always provide voluntary options for creators who wish to share their material on more open terms than current copyright systems allow. But the CC vision — universal access to research and education and full participation in culture — will not be realized through licensing alone.

Around the world, numerous national governments are reviewing or revising their copyright law. Some proposed revisions would broaden the scope of uses of copyrighted works permitted without the rightsholder’s permission. In response, it has been suggested that the very success of CC licenses means that copyright reform is unnecessary — that the licenses solve any problems for users that might otherwise exist. This is certainly not the case. CC licenses are a patch, not a fix, for the problems of the copyright system. They apply only to works whose creators make a conscious decision to affirmatively license the right for the public to exercise exclusive rights that the law automatically grants to them. The success of open licensing demonstrates the benefits that sharing and remixing can bring to individuals and society as a whole. However, CC operates within the frame of copyright law, and as a practical matter, only a small fraction of copyrighted works will ever be covered by our licenses.

Our experience has reinforced our belief that to ensure the maximum benefits to both culture and the economy in this digital age, the scope and shape of copyright law need to be reviewed. However well-crafted a public licensing model may be, it can never fully achieve what a change in the law would do, which means that law reform remains a pressing topic. The public would benefit from more extensive rights to use the full body of human culture and knowledge for the public benefit. CC licenses are not a substitute for users’ rights, and CC supports ongoing efforts to reform copyright law to strengthen users’ rights and expand the public domain.

See related blog post: Supporting Copyright Reform

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#####EOF##### ShareAlike compatibility process and criteria - Creative Commons

ShareAlike compatibility process and criteria

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The compatibility mechanism in the CC ShareAlike licenses allows contributions to an adaptation to be licensed under a different license if “approved by Creative Commons as essentially the equivalent of this Public License” and listed on the Compatible Licenses page.[1]

As steward of the CC licenses, we think it is important to ensure that licensors can trust that when they license their works under one of our licenses, the features of our licenses that are important to them continue to be respected when their works are adapted. Creative Commons seeks to meet licensor expectations as closely as possible, but we also seek to grow the commons of remixable content by declaring compatibility with other licenses that share the same fundamental purpose and effect as our licenses. Please keep these considerations in mind as you review the process and criteria below. Learn more about how ShareAlike compatibility works here.

Creative Commons may revise this document in the future, with a 30-day public consultation before any changes are made final.

Process for Compatibility Evaluation

1. A proposal for a candidate license is made to Creative Commons via a posting to the CC license development and versioning list.

The proposal must include a link to the full text of the license posted by the steward.[2] It is not essential that the proposal be made by the license steward (see process note, below), but it is strongly preferred. CC may also begin the process by proposing a candidate license. Similar licenses containing substantially the same text may be proposed or analyzed together.

2. Creative Commons creates a wiki page for the candidate license.

The primary place of public discussion will be the CC license development and versioning list; however, relevant information about the proposal, a summary of the points of discussion, and analysis of whether compatibility criteria are met will be posted on the wiki.

3. Creative Commons publishes a preliminary comparison and analysis of the CC license and the candidate license.

This comparison maps elements and features of the CC license to elements and features of the candidate license, and analyzes relevant differences.

4. The public discussion period begins.

The public discussion period will typically remain open for 30 days. If complicated issues arise, it may be desirable for the discussion to last longer than 30 days until issues are understood fully. However, Creative Commons also reserves the right to close the public discussion early if we determine that a candidate license clearly does not meet our criteria for compatibility.

5. CC issues a compatibility determination.

Creative Commons will issue a determination detailing reasons why a candidate license is or is not compatible with the CC license. The decision will be posted to the CC license development and versioning list, and posted on the wiki page.

If compatibility is declared, Creative Commons will list the license as a compatible license on its compatible licenses page. Reusers of works under the relevant CC license may thereafter apply the compatible license to the contributions they make to adaptations of those works. If CC declines to name the license as compatible, Creative Commons will list the candidate license as reviewed but not deemed compatible on its compatible licenses page. The candidate license will not be reconsidered for compatibility unless the license steward addresses the identified concerns.

Process notes.

This is not intended as an approval process or a recommendation process.

A compatibility determination means only that you may license your contributions to adaptations of BY-SA or BY-NC-SA licensed works under that license; it is not a recommendation, and a determination that a license is incompatible does not mean that CC recommends against using that license in other circumstances.

We encourage participation of license stewards.

CC would strongly prefer that the license steward participate in the compatibility discussion, particularly if a statement of interpretation or intention is necessary to address concerns or clarify uncertain issues.
For two-way compatibility, it's often the case that the stewards of both licenses must work together to remove inconsistencies between the licenses, possibly through versioning of one or both of the licenses. CC does not anticipate versioning again in the foreseeable future, but did work with the license stewards of several compatible license candidates during the 4.0 versioning process in anticipation of this process. In cases where licenses are not actively stewarded, participation of the relevant license-user community may be sufficient. If there is no active community of licensors, the value of a compatibility determination may be small, unless there is a very large existing pool of content otherwise incompatibly licensed.

Minimum Compatibility Criteria

General.

To be compatible with BY-SA or BY-NC-SA, a candidate license must have the same purpose, meaning, and effect as the corresponding CC license.[3] For each of the criteria below, it is not necessary that the candidate license provide identical treatment. As long as the treatment of relevant factors in the candidate license closely approximates the treatment in the CC license then compatibility is achievable. This is not an exhaustive list of criteria. CC retains discretion not to declare a license compatible based on other factors.

Technical note about adaptations of CC-licensed material.

When an adaptation of a CC-licensed work is created, use of the adaptation requires compliance with the original CC license and the license applied by the adapter to contributions she makes to an adaptation. This means the licenses “stack” in the sense that users of the adaptation need to be aware of and comply with the terms of the original license and the adapter’s license.[4] For this reason, the conditions of compatible licenses must align closely with the corresponding CC license. This best respects the expectations of the original CC licensor, and comports with the expectations and practices of reusers of adapted works.

Minimum compatibility criteria.

  • An approved ShareAlike compatible license must at a minimum:
  1. contain a ShareAlike mechanism;
  2. contain an attribution mechanism;
  3. license rights under copyright;[5]
  4. for BY-SA, not violate the definition of Free Cultural Works;[6] and
  5. for BY-NC-SA 4.0, contain a noncommercial limitation.

Additional considerations

  • An approved ShareAlike compatible license does not need to be reciprocally compatible with the CC license – that is, two-way compatibility need not exist – provided there are strategic policy or practical reasons for allowing one-way compatibility with a particular license.
  • An approved ShareAlike compatible license may impose more conditions on reuse than the corresponding CC license, but only so long as the extra conditions do not unduly burden reuse or neutralize important features of the license.[7]
  • An approved ShareAlike compatible license should address Effective Technological Measures in some way, but not necessarily in the same way as the CC licenses: for example, CC may consider a candidate license that allows licensees to impose ETMs on the conditions that an unencumbered copy is distributed in parallel. It’s also possible that a candidate license addresses ETMs implicitly, such as through other terms which imply a restriction on imposing ETMs.
  • While an approved ShareAlike compatible license must contain an attribution requirement, it is not necessary that the requirement align precisely with the CC licenses. Acceptable variation will be determined on a case-by-case basis.

Changelog

  • 2 June 2014: Initial published version.

Notes

  1. ↑ Note that the BY-NC-SA license did not contain a compatibility mechanism in versions prior to 4.0. The mechanism is contained in both BY-SA and BY-NC-SA as of version 4.0.
  2. ↑ CC may require additional information in connection with the proposal, such as identification of the important license features.
  3. ↑ This requirement was originally dictated by the language in BY-SA 3.0, and was carried forward in BY-SA 4.0 and BY-NC-SA 4.0.
  4. ↑ However, starting with the version 4.0 ShareAlike licenses, it is explicitly clear that downstream users of adaptations created from 4.0 licensed works may satisfy the terms of the upstream license(s) – version 4.0 – by complying with the conditions of the adapter’s license. That means, for example, that someone using the adaptation may attribute the original author in the manner prescribed by the adapter’s license (i.e. the compatible license) rather than the manner dictated by the version 4.0 license applied to the original.
  5. ↑ At a minimum, a candidate license must license copyright. The extent to which the candidate licenses fails to license or otherwise address the other rights covered by CC licenses (e.g., sui generis database rights), or licenses additional rights beyond those in the CC license (e.g., patent rights), will be an important part of the compatibility analysis. Even where a difference in license scope is not deemed a barrier to compatibility, it may be necessary to require that special care be taken so that reusers are aware of the differences.
  6. ↑ CC has committed that its BY-SA licenses will always be compliant with the Definition of Free Cultural Works. While the Open Definition wasn’t included in that earlier statement, we may also look to that standard of openness for guidance as we evaluate candidate licenses. Licensors who choose BY-SA expect that their material will only be reused in ways that ensure that downstream users know they have the ability to reuse and remix.
  7. ↑ For example, a few potential compatible licenses used predominantly for software require reusers to distribute or make source code available to facilitate modifications. CC licenses are not designed for software, and contain no equivalent provision. However, this sort of additional condition may be acceptable in a compatible license if necessary steps are taken to ensure it does not unduly complicate reuse.
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#####EOF##### Open science Archives - Creative Commons
Creative Commons > Blog > Open science

Open science

European Commission forging ahead to boost public sector information and open science

  While the EU copyright reform teeters on the edge of turning into a complete disaster, last week the European Commission published a proposal for a revision of the Directive on the reuse of public sector information (PSI Directive), and a recommendation on access to and preservation of scientific information. Both of these documents are … Read More “European Commission forging ahead to boost public sector information and open science”

Open access

Open Practices and Policies for Research Data in the Marine Community

In March we hosted the second Institute for Open Leadership. In our summary of the event we mentioned that the Institute fellows would be taking turns to write about their open policy projects. This week’s post is from Alessandro Sarretta from the Institute of Marine Sciences (ISMAR), part of the Italian National Research Council. 2016 … Read More “Open Practices and Policies for Research Data in the Marine Community”

Open data

Collaboratively generating more knowledge: Public Lab’s approach to citizen science

Citizen science is the powerful idea that communities should be empowered to participate in the process of scientific inquiry, investigating the world around them and creating societal change in the process. One of the most prominent projects within the citizen and civic science movement is Public Lab, a community of individuals using inexpensive DIY techniques … Read More “Collaboratively generating more knowledge: Public Lab’s approach to citizen science”

Open science

Open Access to Research Critical to Advance Progress Against Cancer

The National Cancer Moonshot Initiative seeks to make ten years of progress on cancer research in half that time, with a goal to end cancer in our lifetime. The project—led by U.S. Vice President Joe Biden—recently called for ideas to help shape the cancer research priorities for the Moonshot. They received over 1,600 comments and … Read More “Open Access to Research Critical to Advance Progress Against Cancer”

Open access

Council of the European Union calls for full open access to scientific research by 2020

Science! by Alexandro Lacadena, CC BY-NC-ND 2.0 A few weeks ago we wrote about how the European Union is pushing ahead its support for open access to EU-funded scientific research and data. Today at the meeting of the Competitiveness Council of the European Union, the Council reinforced the commitment to making all scientific articles and … Read More “Council of the European Union calls for full open access to scientific research by 2020”

Open data
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Modifying the CC licenses

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CC recognizes that we cannot control or prohibit separate agreements or understandings that involve or affect our standard licenses. After all, CC is not a party to the licenses – they are agreements between licensors and licensees. However, we have long insisted that CC trademarks and branding not be used in connection with separate agreements, understandings, and interpretations that may cause confusion for the public, or create any ambiguity in or inconsistency with the standard terms and conditions offered by a Creative Commons license.

CC’s policy prohibiting use of our trademarks and branding in connection with such arrangements has been a long-standing part of our Trademark Policy. This page provides additional details on the scope of the policy, as well as guidelines for proper and improper use of our trademarks and branding in connection with any such separate agreements, understandings, or modifications. Note that this policy and guidelines also apply to CC’s other legal tools, such as the CC0 Public Domain Dedication.

License Modification Policy

1. If you make a change to the text of any CC license, you may no longer refer to it as a Creative Commons or CC license, and you must not use any CC trademarks (including the Creative Commons name) or branding in connection with the license. (For the avoidance of doubt, this includes translations of CC licenses that have not been made and approved by CC in accordance with the Legal Code Translation Policy.)

2. If you place any restriction on use of a CC-licensed work that has the effect of limiting or further conditioning the permissions granted to the public under the standard CC license, you must not use any CC trademarks (including the Creative Commons name) or branding in connection with the license or in any way that suggests the work is available under a CC license. These restrictions often appear in terms of use on websites where CC-licensed content is hosted, or as part of terms for downloading CC-licensed content.

  • Example of impermissible extra restriction: You may not use our trademarks or branding if your terms of use provide an interpretation of a license term that contradicts the plain meaning of the standard CC terms, such as stating an interpretation of NonCommercial that hinges on the type of reuser (the definition of NonCommercial does not differentiate on this basis) as opposed to the purpose for which the work is used.
It is permissible, however, to have trademark guidelines that govern how your logo or other trademark may be used in connection with the CC-licensed work. It is also permissible to impose website terms of use that restrict access to the website by minors pursuant to applicable law. In neither case is use of CC’s trademarks or logo problematic so long as our Trademark Policy is followed.
  • Example of impermissible extra restriction: You may not use our trademarks or branding if your terms of use prohibit sharing of the CC-licensed work in certain formats.
It is permissible, however, to distribute your own CC-licensed work in a format that is not easily shared (though CC strongly discourages this) or to put your CC-licensed content behind a paywall.
  • Example of impermissible extra restriction: You may not use our trademarks or branding if your website terms of use impose attribution requirements that are more elaborate than those found in the standard CC license.
It is permissible, however, to impose terms of use that have the effect of increasing (or removing the conditions on) the permissions granted to the public under the standard terms, such as waiving the attribution condition or allowing translations of an ND-licensed work (see CC+)

NOTE: While providing "clarification" of license terms can make sense intuitively, it often runs the risk of crossing the line to become a modification of how the licenses work. CC generally discourages this practice, other than creation of educational materials about how the licenses work. If you decide to try to clarify a license term on your website or elsewhere, please respect the guidelines above.

Changelog

  • 17 April 2015: added clarification that policy covers license translations that are not made according to official policy

Rationale for the CC policy: ‘‘the beauty of standardization’’

The above guidelines are designed to preserve the underlying principles and benefits of public licensing for licensors and licensees, by reducing conflicts and confusion that may ensue. One of the fundamental design principles of CC licensing is granting permission to the public in advance, thereby reducing transaction costs and facilitating reuse. CC licenses achieve this result through terms and conditions that are ‘’standard,’’ meaning the same terms and conditions apply for all content licensed under a particular CC license. The result is reduced friction for creators who want to allow certain reuses without negotiating and granting lots of individual permissions, and for reusers who want to make use the licensed content with minimal hassle.

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Modifying the CC licenses

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CC recognizes that we cannot control or prohibit separate agreements or understandings that involve or affect our standard licenses. After all, CC is not a party to the licenses – they are agreements between licensors and licensees. However, we have long insisted that CC trademarks and branding not be used in connection with separate agreements, understandings, and interpretations that may cause confusion for the public, or create any ambiguity in or inconsistency with the standard terms and conditions offered by a Creative Commons license.

CC’s policy prohibiting use of our trademarks and branding in connection with such arrangements has been a long-standing part of our Trademark Policy. This page provides additional details on the scope of the policy, as well as guidelines for proper and improper use of our trademarks and branding in connection with any such separate agreements, understandings, or modifications. Note that this policy and guidelines also apply to CC’s other legal tools, such as the CC0 Public Domain Dedication.

License Modification Policy

1. If you make a change to the text of any CC license, you may no longer refer to it as a Creative Commons or CC license, and you must not use any CC trademarks (including the Creative Commons name) or branding in connection with the license. (For the avoidance of doubt, this includes translations of CC licenses that have not been made and approved by CC in accordance with the Legal Code Translation Policy.)

2. If you place any restriction on use of a CC-licensed work that has the effect of limiting or further conditioning the permissions granted to the public under the standard CC license, you must not use any CC trademarks (including the Creative Commons name) or branding in connection with the license or in any way that suggests the work is available under a CC license. These restrictions often appear in terms of use on websites where CC-licensed content is hosted, or as part of terms for downloading CC-licensed content.

  • Example of impermissible extra restriction: You may not use our trademarks or branding if your terms of use provide an interpretation of a license term that contradicts the plain meaning of the standard CC terms, such as stating an interpretation of NonCommercial that hinges on the type of reuser (the definition of NonCommercial does not differentiate on this basis) as opposed to the purpose for which the work is used.
It is permissible, however, to have trademark guidelines that govern how your logo or other trademark may be used in connection with the CC-licensed work. It is also permissible to impose website terms of use that restrict access to the website by minors pursuant to applicable law. In neither case is use of CC’s trademarks or logo problematic so long as our Trademark Policy is followed.
  • Example of impermissible extra restriction: You may not use our trademarks or branding if your terms of use prohibit sharing of the CC-licensed work in certain formats.
It is permissible, however, to distribute your own CC-licensed work in a format that is not easily shared (though CC strongly discourages this) or to put your CC-licensed content behind a paywall.
  • Example of impermissible extra restriction: You may not use our trademarks or branding if your website terms of use impose attribution requirements that are more elaborate than those found in the standard CC license.
It is permissible, however, to impose terms of use that have the effect of increasing (or removing the conditions on) the permissions granted to the public under the standard terms, such as waiving the attribution condition or allowing translations of an ND-licensed work (see CC+)

NOTE: While providing "clarification" of license terms can make sense intuitively, it often runs the risk of crossing the line to become a modification of how the licenses work. CC generally discourages this practice, other than creation of educational materials about how the licenses work. If you decide to try to clarify a license term on your website or elsewhere, please respect the guidelines above.

Changelog

  • 17 April 2015: added clarification that policy covers license translations that are not made according to official policy

Rationale for the CC policy: ‘‘the beauty of standardization’’

The above guidelines are designed to preserve the underlying principles and benefits of public licensing for licensors and licensees, by reducing conflicts and confusion that may ensue. One of the fundamental design principles of CC licensing is granting permission to the public in advance, thereby reducing transaction costs and facilitating reuse. CC licenses achieve this result through terms and conditions that are ‘’standard,’’ meaning the same terms and conditions apply for all content licensed under a particular CC license. The result is reduced friction for creators who want to allow certain reuses without negotiating and granting lots of individual permissions, and for reusers who want to make use the licensed content with minimal hassle.

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#####EOF##### Sir John Daniel of the Commonwealth of Learning: Open Education and Policy - Creative Commons
Creative Commons > Blog > Weblog > Sir John Daniel of the Commonwealth of Learning: Open Education and Policy

Sir John Daniel of the Commonwealth of Learning: Open Education and Policy

Timothy Vollmer

July 27, 2011

Sir John Daniel has been working in open education from its earliest days. “Openness is in my genes,” he says. Sir John is President and CEO of the Commonwealth of Learning, or COL. COL is an intergovernmental organization comprised of 54 member states. The overarching focus area for COL is “learning for development.” It aims to help its member nations—especially developing countries—use technology and develop new approaches to expand and approve learning at all levels. Sir John’s first interaction at COL happened over 20 years ago, when he chaired its planning committee. At that time, he was president of Canada’s Laurentian University. He went from there to lead the Open University in the UK, and then served as head of Education at UNESCO. Sir John’s colleague, Dr. Venkataraman Balaji, is Director of Technology and Knowledge Management, and led the efforts in crafting COL’s recent Open Educational Resources policy.

What were the primary motivations in developing an OER policy at COL? What hurdles (legal, social, cultural) did you have to overcome, both within the organization and among the member states?

We’re in the open business, so it made sense to communicate a formal open policy prominently on our website. It really wasn’t a problem, and there were few hurdles inside COL. We drafted the policy, it went through a few iterations within our staff, and then we adopted it. That said, we should be clear that we didn’t take this policy to the member states for review. We’re a small organization, and we do not have a general assembly of our membership. So, we didn’t have to wade through the politics of getting all the states to sign on. However, we didn’t develop the OER policy just pat ourselves on our back. We want to show the world that supporting open education is how we all should behave these days.

The work of intergovernmental organizations (IGOs) is very important, but to the outside observer it is sometimes not apparent what IGOs do. What does COL do to “encourage and support governments and institutions to establish supportive policy frameworks to introduce practices relating to OER”?

If I may be so bold, I think your question reflects an American bias. The United States and other large, powerful countries tend to operate bilaterally. Smaller countries prefer the facilitative, collaborative approach of working via intergovernmental organizations. UNESCO is the extreme example, where 193 countries operate democratically, and everyone’s voice is at least in principle equal. When I worked at UNESCO, I was surprised how seriously the member states took the recommendations that were developed. They trust that sort of process more than directives that come at them bilaterally.

In general, the IGO process aims to get countries to work together to do things they cannot do separately. One example is a virtual university for small states within the Commonwealth. Since two-thirds of the 54 member states are nations with populations of 2 million or less, they have fewer resources to spend on content creation. You can imagine when the dot com boom came along the small states were worried how they could come to terms with all the potential benefits (and address the challenges) of this rapidly changing digital, networked world. So their ministers of education looked at the challenge and said, “if we can’t crack it individually, why not crack it collectively?” COL helped them start a ‘virtual university’, which is not a new institution but a collaborative network where countries and institutions can work together to produce course materials as OER that they can all adapt and use. This virtual university has developed curriculum in various areas, such as a diploma in sustainable agriculture for small states. You can imagine that agricultural practices in a place like the atolls of the Maldives are very different than agriculture in the volcanic islands of Dominica. However, developing a vanilla version of the curriculum and then allowing each region to tailor the resources to the specifics of their own agricultural ecosystem has proved much more efficient than each state starting from scratch. A condition of participating in the virtual university is that anything you create must be released as OER.

COL has chosen the CC BY-SA license for its own materials. Can you describe how the organization decided upon this license for its resources?

Well, our policy simply says COL will release its own materials under the most feasible open license, which includes the Creative Commons Attribution Share-Alike license. We understand why MIT OCW adopted a noncommercial license for its materials—they were the first to do it and didn’t know what was going to happen. But now, we encourage people to not use noncommercial if they can avoid it, and we follow our own recommendation. It wasn’t until Dr. Balaji arrived that we were able to sort through the legal and technical challenges that COL, as an intergovernmental organization, faced in adopting an open license.

Many of the COL member states are located in the global south. How does an OER policy affect global south states differently than the global north?

I’m exaggerating quite a bit here, but we’ve observed that in the north people are more focused on producing OER and that in the south people are more focused on how they can use OER. Just a few months ago I was at the Open Courseware Conference in Boston. Perhaps three-fourths of the presentations there focused on producing OER, while only a small number were about re-purposing and reusing OER content. This has to change for the OER movement to take off.

In the south, there’s a cautious attitude of “there’s lots of stuff available, why not use it?” We’ve been encouraging the north to take a more universal approach and think multidirectionally. This is why we’re delighted that a school like the University of Michigan is using OER from Malawi and Ghana in its medical programs. Why should the University of Michigan create OERs about tropical diseases when there are folks that live in the tropics that can do it better? So, we encourage people to see OER production and use as a multi-directional flow.

Can you discuss the goals and outcomes of the Taking OER beyond the OER community project, organized by COL and UNESCO. What’s next?

This project has a long history, and really goes back all the way to the origin of the term Open Educational Resources. But more recently, in 2009 UNESCO hosted a world conference on higher education. That event didn’t ruffle feathers in the north so much, but influenced thinking in the south. It reiterated the importance of open distance learning, ICTs, and particularly emphasized the global sharing of OER to expand quality higher education. COL picked up the work with UNESCO. We realized that unless there is a much wider appreciation of what OER is, it’s not going anywhere. And as the name of the project implies, our goal was to advocate to those outside of the already-established open education community. We held six face-to-face workshops in Africa and Asia. These were mainly aimed at university presidents, quality assurance groups, and those interested in open distance learning.

Last December we held a policy forum at UNESCO in Paris to pull these threads together. We decided there that it would be helpful to develop a set of OER guidelines targeted at key stakeholder groups. These included governments, higher education institutions, teacher and student groups, quality assurance agencies, and qualification bodies. We’ve been iterating on these guidelines since then, and they are now being distributed for wide consultation. In October of this year there will be another policy forum where the OER guidelines for higher education will be put into final form. We hope to unveil these recommendations at the UNESCO general conference in November alongside an OER platform UNESCO will also be launching at that time.

Over the winter, we wish to conduct a rather extensive survey of governments around the world to find out where they are on policies related to OER, open access, open formats, and other related topics. Surveying governments is not an easy task, especially when they don’t always understand the questions you are asking. But, if all goes well, those survey results will be pulled together, to the end of working toward an update to the Cape Town Open Education Declaration. There’s a desire for COL and UNESCO to mark the 10th anniversary of the launch of the term “Open Educational Resources” with a conference in June 2012 at which countries can sign an updated declaration.

What do you predict will be the impact of the COL OER policy, and what would you like to see come out of this? What can you recommend to other IGOs that are beginning to think about developing an open education policy?

My advice is to just do it and don’t get too fussed about the license at the beginning. We hope that our small organization, which seems to have an influence larger than its size, will be the grain of sand in the oyster for other IGOs. UNESCO is working to get on the right page; given their name it would seem peculiar if they are not more in the ‘open’ business. But I understand the problem with large organizations. When you look at UNESCO, you’ve got general assemblies with lots of people that don’t like things unless they’re invented there. For example, everyone in the world wants for there to be standardization in electrical sockets, as long as the standard that is adopted is the one they use. Those organizations interested in adopting an open policy should start small, and work their way through the problems as they go. If you try to make your entire back catalog available, you’ll be lost. Those big intergovernmental organizations should say, “from now on, we’re going to be as open as we can be.” An important thing is to adopt the philosophy of openness.

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One thought on “Sir John Daniel of the Commonwealth of Learning: Open Education and Policy”

  1. I found the information shared in this post very useful. I think OER’s have a lot of potential of bringing education to one and all.

    Recently, I too have been creating a software solution to help peer communities learn Computer Science topics, and gain social credentials in the process.

    I am not doing this as a non-profit, because I am would not like to rely on donations. Rather, I am trying to take my project ahead on a sustainable profit model. However, one of the problems I am facing is in re-using existing OER resources. MIT’s OCW form the bulk of resources available for Computer Science, but because they are licensed with a NC clause, I cannot make use of those resources in my initiative. I am not complaining though… since it is their material, it is absolutely their right to license it in whichever way they seem appropriate 🙂 .

    COL’s stance that they will make content available on a CC BY-SA license, comes as a very welcome policy.

    Thanks.

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Attribution reasonable to means, medium, and context Medium and means, with exceptions Medium and means, with exceptions Medium and means, with exceptions Medium and means, with exceptions Explicit
Reasonableness applies to all attribution requirements All but license notices All but license notices All but license notices All but license and copyright notices All
Licensors may name other attribution parties Implied Implied Implied Explicit Explicit
Licensors may request removal of attribution Adaptations and collections only Adaptations and collections only Adaptations and collections only Adaptations and collections only Always
Title of work required Yes Yes Yes Yes No
URI required No If contains copyright notice or licensing information If contains copyright notice or licensing information If contains copyright notice or licensing information Yes
"No endorsement" clause included No No No Yes Yes
Modifications must be indicated No No No Yes, but only adaptations Yes

Detailed attribution comparison chart

1.0 2.0 3.0 4.0
Author if supplied Author if supplied Author if supplied and attribution parties if designated in copyright notice, TOS, or other reasonable means Creator if supplied and attribution parties if designated in reasonable manner
Copyright notices if supplied Copyright notices if supplied Copyright notices if supplied Copyright notice if supplied
Title if supplied Title if supplied Title if supplied N/A
Notices that refer to Public License and the disclaimer of warranties if supplied Notices that refer to Public License and the disclaimer of warranties if supplied Notices that refer to Public License and the disclaimer of warranties if supplied Notice that refers to Public License and notice that refers to the disclaimer of warranties if supplied
N/A To the extent practicable, URI licensor specifies to be associated with the work (but only if references copyright notice or licensing info) To the extent practicable, URI licensor specifies to be associated with the work (but only if references copyright notice or licensing info) To the extent practicable, URI or link to the material if supplied
If adaptation, credit indicating Work has been used If adaptation, credit indicating Work has been used If adaptation, credit indicating Work has been used and reasonable steps taken to identify that changes were made to the original Indicate if you modified the material; retain an indication of previous modifications
Text/URI for Public License Text/URI for Public License Text/URI for Public License Indicate the material is available under Public License and include text/URI/link
If collection or adaptation, remove reference to author and licensor upon request to the extent practicable If collection or adaptation, remove reference to author and licensor upon request to the extent practicable If collection or adaptation, remove reference to author and licensor upon request to the extent practicable Remove attribution information upon request to the extent reasonably practicable
Copyright notice, author, title, credit noting use of original in adaptation – all may be implemented in any reasonable manner, so long as at least as prominent as other authorship credit if an adaptation or collection Copyright notice, author, title, URI, credit noting use of original in adaptation – all may be implemented in any reasonable manner, so long as at least as prominent as other authorship credit if an adaptation or collection Author, title, URI, credit noting use of original in adaptation -- all reasonable to medium and means All reasonable to medium, means, and context


Features remaining unchanged

License Features

Nomenclature (for international licenses)

The 4.0 licenses are referred to as "international."

Version 3.0 licenses were referred to as "unported" licenses until 2010, at which point they were re-branded as the "international" licenses. At that point, CC added a global flag to the licenses and deeds and changed the reference in the Chooser (among other things). In the 1.0, 2.0, and 2.5 versions, the international licenses were called the “generic” licenses. The generic licenses were drafted to conform with U.S. copyright law.

Starting with version 3.0, Creative Commons drafted its core suite of licenses to conform to relevant international treaties and drafting conventions. In this sense, version 3.0 and the current 4.0 international license suites are jurisdiction-agnostic: these licenses do not mention and are not drafted against any particular jurisdiction's laws or statutes. They are intended to function without adjustment in all jurisdictions around the world.

License scope (beyond copyright)

Sui generis database rights

The 4.0 international suite licenses database rights along with copyright. Where the use of a database under a CC license implicates sui generis database rights, whether or not copyright is implicated, that use is subject to the terms and conditions of the license. If sui generis rights are not implicated—for example, if the use is in a jurisdiction where these rights do not exist, or if the database is not protected by the laws of a jurisdiction where such rights exist— such uses are not regulated by the license if copyright or neighboring rights do not apply. A few early (2.0, 2.5) European jurisdiction license ports also licensed database rights subject to the terms and conditions of the license.

In 3.0, the international (unported) license suite does not mention sui generis rights. However, ported 3.0 licenses for jurisdictions where those rights exist address them according to CC's 3.0 database rights policy. Under this policy, version 3.0 EU jurisdiction ports must license sui generis rights subject to the terms and conditions of the license just like copyright and neighboring rights, but also must waive license restrictions and conditions (attribution, ShareAlike, etc) for uses triggering database rights—so that if the use of a database published under a CC license implicated only database rights but not copyright, the CC license requirements and prohibitions would not apply to that use. The license conditions and restrictions, however, continue to apply to all uses triggering copyright. Other ports and the 3.0 international license are silent on sui generis database rights: databases and data are licensed (i.e., subject to restrictions detailed in the license) to the extent copyrightable, and if data in the database or the database itself are not copyrightable the license restrictions do not apply to those parts (though they still apply to the remainder). Thus, regardless of the CC 3.0 license at play (unported, an EU port, another port), uses that implicate only database rights will not trigger the license conditions, while uses that implicate copyright will.

Neither the international nor the ported licenses that address database rights export the sui generis rights to jurisdictions where such rights are not recognized (the ported licenses accomplish this as well through inclusion of a territoriality limitation). This avoids the imposition of restrictions based on sui generis rights via contract where those rights are not enforceable or recognized. You may compare how different jurisdictions implemented this section of the license.

Treatment of moral rights

In version 4.0, moral rights are waived to the limited extent necessary to exercise the licensed rights.

While the existence and extent of moral rights differ by jurisdiction, the most consistently present rights are those of attribution and integrity (the right to prevent or halt the prejudicial use of one’s work by another). The 1.0, 2.0, and 2.5 licenses were drafted to conform to U.S. law, and because U.S. law recognizes moral rights in only very limited circumstances, the generic versions of those licenses suites do not address moral rights of authors.

The international licenses began to address moral rights in version 3.0. In version 4.0, moral rights are waived or not asserted to the extent possible under local law, to the limited extent they would otherwise interfere with exercise of the licensed rights. This avoids establishing moral rights through the license where they would not otherwise exist, but recognizes that there are jurisdictions where this limited waiver is not possible. The attribution requirements in Section 3 of the 4.0 licenses may satisfy many jurisdictions' right of attribution; however, they are a requirement of the license regardless of whether moral rights apply to a use.

In the 3.0 license suite, CC addressed moral rights in the international (unported) licenses. CC did not include a waiver of those rights in the international licenses. Instead, the licenses specifically instruct users that they “must not distort, mutilate, modify or take other derogatory action in relation to the Work which would be prejudicial to the Original Author's honor or reputation.” The only exception is where the right to make adaptations would be considered prejudicial to the author's honor and reputation, in which case the licensor waives or agrees not to assert their moral right in order to allow adaptations to be made. The attribution requirement is designed in part to satisfy the right of attribution. In the porting process, some jurisdictions slightly adjusted this provision, with CC’s permission, to specify that moral rights are waived to the extent necessary to effect the license to the degree a waiver is possible under applicable law. You may compare how different jurisdictions implemented this section of the license.

Trademark and patent explicitly not licensed

In the 4.0 licenses, trademark and patent rights are expressly mentioned as not among the rights licensed.

No CC license version licenses patent and trademark rights along with copyright. These rights are treated separately and are not covered by the license. In 4.0, this was made explicit to avoid confusion. However, in all license versions, implied licenses may come into play where these rights would interfere with exercise of the rights granted by the CC license.

Attribution and marking

Attribution reasonable to means, medium, and context

In 4.0, the manner of attribution is explicitly allowed to be reasonable to the means, medium, and context of how one shares a work.

In the 1.0, 2.0, 2.5, and 3.0 licenses, attribution may be reasonable to the medium or means, and applied to all elements other than certain notices where the requirement is firm. In 4.0, this explicit permission applies to the medium, means, and context of use. We believe this to be a clarification rather than a change: attribution reasonable to the means, medium, and context of use should be permissible for works under any CC license. Additionally, the pre-4.0 licenses specified that credit in adaptations and collections should be at least as prominent as credits for other authors; 4.0 is not specific in this regard.

Reasonableness applies to all attribution requirements

In 4.0, all attribution requirements may be fulfilled reasonable to the means, medium, and context of the use.

In earlier license versions, compliance reasonable to means and medium of use was not expressly permitted for all elements, as certain notices were excluded; however, in 4.0 these are included in the elements that may be fulfilled in a reasonable manner.

Credit to others explicit

In 4.0, proper attribution requires credit to designated others where supplied by the licensor.

In the 1.0 and 2.0 licenses, CC licenses contemplated crediting the author only. Versions 2.5 and 3.0 allow licensors to identify another party or organization for attribution (called an “Attribution Party” in these licenses). This feature was introduced in part to alleviate burdensome or difficult attribution situations, such as when many people contribute to a collaborative effort and agree to be credited as a collective body. In licenses with this feature, licensors may designate another party for attribution purposes—such as a sponsor institute, publishing entity or journal—in addition to or instead of the author. You may review some of the concerns raised when CC proposed this change.

Licensors may request removal of attribution

In the 4.0 licenses, a user must remove attribution from a work at the creator's request to the extent it is reasonably practicable to do so. This is true whether the work is modified or unmodified.

All license versions after version 1.0 require attribution. However, legislation in many countries gives authors the right to control the use of their name in association with their works. Therefore, CC licenses require licensees to remove attribution to the creator at his or her request, where it would otherwise be required to include it. In 2.0, 2.5, and 3.0, credit must be removed from adaptations and collections, to the extent practicable, at the creator’s request. In 4.0, the creator may also request removal of credit from the unmodified work.

Title required

The title is not required for proper attribution in the 4.0 licenses. It is required in all earlier versions.

Beginning in version 1.0, one of the requirements for proper attribution was to include the title of the licensed work; this requirement was kept in versions 2.0, 2.5, and 3.0. In Version 4.0, this requirement was eliminated to increase flexibility and ease of compliance, particularly as many works do not have titles. Users are still encouraged to include titles where supplied.

URI required

For 4.0 licensed materials, a URI is required for proper attribution, if it is reasonably practicable to include.

The version 1.0 licenses contained no URI requirement. In version 2.0, CC introduced the requirement to retain a URI associated with a licensed work for proper attribution if it contains copyright notices or licensing information; this was kept through 2.5 and 3.0. In version 4.0, CC reconsidered this requirement. However, it was retained based on feedback from current and potential adopters that it is important for provenance, branding, and other reasons; a URI associated with the work is required as part of attribution if reasonably practicable to retain, regardless of whether it contains copyright notices or licensing information.

"No endorsement" clause included

In version 4.0, the license is clear that it should not be construed as giving permission to suggest the licensor endorses their use and similar.

In some jurisdictions, wrongfully implying that an author, publisher, or anyone else endorses a particular use of a work may be unlawful. Though not explicitly mentioned in the 1.0, 2.0, or 2.5 licenses, this has always been the case. The version 3.0 licenses contain an express no endorsement clause. In version 4.0, this clause is expressed as a limitation on the rights granted by the licensor.

Modifications and adaptations must be indicated

In the 4.0 license suite, licensees are required to indicate if they made modifications to the licensed material. This obligation applies whether or not the modifications produced adapted material. As with all other attribution and marking requirements, this may be done in a manner reasonable to the means, medium, and context. For example, "This section is an excerpt of the original." For trivial modifications, such as correcting spelling errors, it may be reasonable to omit the notice.

In the 3.0 suite, the obligation to indicate if modifications have been made applies if they result in the creation of an adaptation (when allowed by the license). Versions 1.0, 2.0, and 2.5 do not contain this requirement directly; however, the requirement in those licenses that the original work be credited if used in an adaptation (e.g., "French translation of the Work by Original Author") is some indication that the work has been modified. Even when not required, licensees are encouraged to indicate the material has been modified, and ideally (when reasonable) to describe or specify the changes made.

Other license features

Representations and warranties from licensor included

In version 4.0, the licensor does not provide representations and warranties regarding the licensed content.

In the 1.0 license suite, the licensor extends warranties—for instance, that the work does not infringe the work of another. These warranties were eliminated in all subsequent license versions. Versions 2.0, 2.5, 3.0 and 4.0 explicitly offer the work “AS IS” and disclaim all liabilities to the extent allowable by law. In 4.0, an interpretation clause was added to help ensure that the disclaimer would be interpreted as intended given variations in local law. Of course, licensors may continue to offer warranties and specialized disclaimers separately from the license.

Some ports of 3.0 include warranties where they may not be disclaimed under local law. You may compare how different jurisdictions implemented this section of the license.

Licensor expressly waives rights to enforce, and grants permission to circumvent, technological protection measures

Version 4.0 includes an explicit waiver of, or agreement not to assert, any right licensor may otherwise have to enforce anti-circumvention of any effective technological measures applied to licensed material. CC licensors may apply such measures to their own licensed material, but the 4.0 licenses ensure that, to the extent possible, users are able to exercise the licensed rights when applied by or with the permission of the licensor. To reinforce this, the version 4.0 licenses also expressly grant permission to circumvent those measures.

It is always possible for a licensor to upload his or her own work to a platform that applies technological protection measures, even though the licensor chooses to use a CC license. The permission for a third-party platform to apply ETMs is separate from the CC license, and the CC license cannot restrict that additional permission because CC licenses are nonexclusive. In many jurisdictions, that third party may be able to enforce ETMs through civil or criminal anti-circumvention laws even though the licensor has waived or agreed not to assert any such right under the CC license. Licensees should make themselves aware of any legal limits on their ability to circumvent ETMs in advance of doing so.

In versions 1.0, 2.0, 2.5, and 3.0, the waiver of any right to enforce and the permission to circumvent are not express; however, this does not preclude any implied right to do so that may exist.

Automatic restoration of rights after termination if license violations corrected

In version 4.0, licensees may regain their rights to use licensed material after the license terminates by correcting a license violation within 30 days of discovering it.

In all license versions, a breach of the license terms results in automatic termination. Under versions 1.0, 2.0, 2.5, and 3.0, express permission from the licensor is required for licensees to regain their rights to use the work. In version 4.0, a new provision allows the rights to be automatically reinstated without express permission from the licensor, provided that the violation is corrected within 30 days of its discovery. This is similar to provisions in a handful of other public licenses.

In all versions, a licensor may of course reinstate permissions at any time.

Collecting societies regimes addressed

Under 4.0, licensors waive any right to collect royalties under collecting society schemes if they have chosen licenses permitting commercial uses. A licensor may collect royalties for commercial uses for works under the NonCommercial licenses.

Many users of Creative Commons licenses are members of collective rights societies like ASCAP, BMI, BUMA/STEMRA, and others that manage copyright on behalf of owners. Every license version from the 2.0 suite onward contains clauses that account for the existence of those arrangements. They provide, for instance, that for works offered under a NonCommercial license, the licensor retains the right to collect royalties for commercial uses of the work. The structure of the provisions in the 2.0 and 2.5 licenses differs from that in the version 3.0 and 4.0 licenses. The 2.x licenses specifically regulate music, sound recordings, and webcasting. As those licenses were ported to different jurisdictions, those provisions were adjusted to conform to the local collecting society situation.

The version 3.0 licenses and later employ a broad, harmonized strategy to collective rights societies. This strategy still allows jurisdictions to adopt an approach that best aligns with local law and society structure in the 3.0 licenses, but also ensures that the approach is implemented consistently across jurisdictions. In the international license, as regards compulsory royalty collection, the licensor reserves any right they have to collect those royalties in jurisdictions in which collection cannot be waived. In those jurisdictions in which compulsory royalty collection can be waived, the right to collect royalties is waived completely for those licenses that permit commercial use, and is reserved for commercial uses in those licenses that permit NonCommercial use only. For voluntary royalty schema, the licensor reserves the right to collect royalties for commercial uses in those licenses that permit NonCommercial use only, and waives the right to collect such royalties for licenses permitting commercial use. This clause covers both individual royalty collection and, in the event that the licensor is a member of a collecting society that collects such royalties, collection via such societies to the extent permitted by law. Some ports of the version 3.0 licenses include only those clauses that address the particular situation in the jurisdiction. Others have adopted all the language from the international license in hopes of international harmonization, or out of concern that their jurisdiction’s regime may change. You may compare how different jurisdictions implemented this section of the license.

License-specific features

Compatibility mechanism in BY-SA licenses

Under the 4.0 licenses, licensees may use licenses designated by CC as compatible for their contributions to adapted material.

The ShareAlike licenses require that licensees make their contributions to adapted material available under the same terms and conditions, or, where the license allows, under a license designated by CC as compatible. The version 1.0 ShareAlike licenses require that adaptations be made under exactly the same license as applied to the original work. Starting with the release of the 2.x license suites, CC expanded compatibility by allowing contributions to adapted material to be created under the same or later version of the original license, including other ported versions of the same or later version of the license. The 3.0 Attribution-ShareAlike goes one step further, by allowing those contributions to be licensed under under a “Creative Commons Compatible License,” defined to mean licenses approved by CC as essentially equivalent to the 3.0 Attribution-ShareAlike license.

To date, CC has not approved any other licenses as compatible. However, CC will develop a compatibility process shortly following launch of the 4.0 licenses, and begin evaluating other licenses. You can view the list of compatible licenses, and a post about the upcoming compatibility process. You may also want to review CC’s statement of intent for the Attribution-ShareAlike licenses, and a draft statement that sets out further principles for the ShareAlike licenses.

Compatibility mechanism in BY-NC-SA licenses

In the 4.0 licenses, the same compatibility mechanism is present in the BY-NC-SA license as in BY-SA. Adapted material may be licensed under BY-NC-SA, version 4.0 or later, or any license CC has designated as compatible. To date, CC has not identified any other licenses as compatible; the process and criteria will be maintained on the compatibility page. There is no compatibility mechanism in the 1.0, 2.0, 2.5, or 3.0 versions of BY-NC-SA.

Adapted material usable under conditions of adapter's license

In version 4.0, CC added a provision in the ShareAlike licenses that enables downstream licensees to refer only to the adapter’s license when using adapted material that contains the copyrightable contributions of multiple authors. This feature is designed to minimize complexity for reusers where they are using a later version of the ShareAlike license or a compatible license as their adapter's license. In 4.0, users need only refer to a single set of conditions contained in the last license applied to reuse adapted material, rather than parsing the conditions of the original and other adapter's licenses (to the extent the licenses differ).

In all cases, the licenses stack (the later license does not supplant all previously-applied licenses) when adapted material is created. In particular, the license originally applied to the material being remixed continues to apply once remixed, however permission is given in 4.0 for licensees to meet the conditions of the 4.0 license with reference to those in the adapter's license.

Prior to the 4.0 versioning process, CC had not always been clear that the ShareAlike licenses stacked just as they stack for the BY and BY-NC licenses, and reasonable minds do differ on this point. CC believes, however, that this is the best reading of its all of its licenses that permit adaptations prior to 4.0 and, now, has made that explicit in version 4.0.

Adaptations of NoDerivatives material permitted when not shared

In Version 4.0, licensees are granted permission to create adaptations of material licensed under one of the NoDerivatives licenses, but not permission to share the adaptations publicly.

In general, private personal use does not require the permission of the licensor and, therefore, does not require that the conditions of the CC license be followed. In 4.0, NoDerivatives is a partial rather than an absolute limitation on the rights granted. It does not restrict the production of adaptations (an exclusive right of creators under copyright), but it does prohibit the public sharing of those adaptations (also an exclusive right of creators under copyright). This change enables private activities that may result in the creation of adaptations whether intentionally or unintentionally, such as adaptations made in the course or as a result of text and data mining.

The creation of adaptations in connection with those and other activities are not permitted under the 3.0 and earlier versions absent an applicable exception or limitation.

Features remaining unchanged across license versions

Attribution required

All of the CC licenses require attribution where "BY" is a license element, which is all but five of the eleven version 1.0 licenses.The required mode of attribution differs slightly among the versions, and is progressively more flexible with each version. The version 1.0 suite is unique because it contains five CC licenses that do not require attribution. All subsequent license suites make attribution a standard requirement, though the licensor may request removal in certain circumstances. It is also possible under all license versions for a licensor to release works anonymously, and to waive the requirement by not providing authorship information. Where an element of attribution information is not provided by the licensor, the licensee is not required to provide it.

Definition of "NonCommercial"

While the Creative Commons licenses have evolved over time, the scope of permitted uses under the NonCommercial licenses has remained unchanged across all license suites. (In 4.0, there was a small adjustment to the wording of the definition which was not intended to change its scope.) The NonCommercial clause prohibits the exercise of rights granted under the NonCommercial licenses “in any manner that is primarily intended for or directed toward commercial advantage or monetary compensation.” In 2008, Creative Commons conducted a study on the meaning of NonCommercial in the online environment.

During the 4.0 process, CC took another look at the role of these licenses in general as well as the NonCommercial definition, and considered a name change to "Commercial Rights Reserved". The ultimate decision was to leave unchanged the license name and definition.

Application of effective technological measures by users of CC-licensed works prohibited

All CC license versions prohibit licensees (as opposed to licensors) from using effective technological measures such as “digital rights management” software to restrict the ability of those who receive a CC-licensed work to exercise rights granted under the license. To be clear, encryption or an access limitation is not necessarily a technical protection measure prohibited by the licenses. For example, content sent via email and encrypted with the recipient's public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a set of users (e.g., with a username and password) does not restrict use of the work by the recipients. In the cases above, encryption or an access limitation does not violate the prohibition on technological measures because the recipient is not prevented from exercising all rights granted by the license (including rights of further redistribution).

This treatment was re-evaluated during the public process leading to release of the version 3.0 license suite. CC considered arguments in favor of such measures, coupled with an obligation of parallel distribution; these arguments were also reconsidered during the 4.0 process. However, in both versioning processes, those arguments were ultimately rejected.

Note that in 4.0, CC introduced a definition of Effective Technological Measures. This definition is not intended to change the scope of what is and is not allowed, but instead provide long-needed clarification over the scope of the prohibition.

Exceptions and limitations unaffected

All CC licenses only govern uses that would otherwise be restricted by copyright and other closely related rights as provided in the licenses. If a use is not regulated by virtue of an applicable exception or limitation, the license does not apply and there is no need to follow the license conditions. The licenses do not create obligations where they would not otherwise exist.

Effective for all copyrightable material

All Creative Commons license versions may be used with all copyrightable works (though CC recommends against using its licenses for computer software). Such works include compilations of data that exhibit the requisite level of creativity for copyright protection under applicable law. Thus, to the extent compilations of data are protected by copyright, Creative Commons licenses are suitable licenses for granting permission to exercise that right. For the avoidance of doubt, version 3.0 and 4.0 licenses explicitly identify compilations as material that may be licensed.

Note that sui generis database rights (existing separately from any copyright) are not explicitly licensed in the international suite until version 4.0.

Notices must be retained

The CC licenses all require users to retain a copyright notice, a notice of the disclaimers of warranties, and a license notice if supplied with the licensed material.

Synching creates adaptations

In all license versions, synching CC-licensed audio in timed relation with a video to create an audiovisual work creates an adaptation of that audio work for purposes of the license, regardless of whether the new work would be considered an adaptation under the relevant copyright law. This means, for example, that the requirements of ShareAlike are triggered if the audio work is licensed under a ShareAlike license, and that such works may be made but not shared if licensed under a NoDerivatives license as of version 4.0.

No sublicensing

None of the Creative Commons licenses grant permission to sublicense the licensed material. All of the licenses are direct licenses from the original licensor to all recipients. All permissions granted come directly from the original licensor, creating a direct relationship for enforcement and other purposes between the original licensor and all recipients.

Licensing of collections

Including a CC-licensed work in a collection (a work comprised of separate and independent works) is permitted by all CC licenses. However the collective work as a whole is licensed, the license on the collection does not affect the CC license applied to the work.

In 4.0, reference to distribution in a collection was removed from the license as unnecessary. There is no change from previous versions, however.

Licensing of contributions to BY and BY-NC adaptations

The 4.0 licenses make clear for the first time how contributions to adaptations of BY and BY-NC works may be licensed. Specifically, an adapting licensee may apply any license to her contributions provided that license does not prevent users of the adaption from complying with the original license. While new in 4.0, the introduction of this provision is intended as a clarifier only and is not a change from how earlier versions operate.

Licenses

Links to the International (unported) legal code for the six licenses making up the current suite, for each version:

4.0

3.0

2.5

2.0

1.0

Retrieved from "https://wiki.creativecommons.org/index.php?title=License_Versions&oldid=115094"

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#####EOF##### Frequently Asked Questions - Creative Commons
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Frequently Asked Questions

2019-04-02 14:07:11 UTC

These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information.

  • Other CC FAQs: CC0 Public Domain Dedication and Public Domain Mark.
  • “Licensor”, “rights holder”, “owner”, and “creator” may be used interchangeably to refer to the person or entity applying a CC license.
  • Information about the licenses is primarily made with reference to the 4.0 suite, but earlier license versions are mentioned where they differ.
  • Have a question that isn’t answered here? Contact info@creativecommons.org.

Creative Commons does not provide legal advice. This FAQ is for informational purposes and is not a substitute for legal advice. It may not cover important issues that affect you. You should consult with your own lawyer if you have questions.

About CC

What is Creative Commons and what do you do?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. Our legal tools help those who want to encourage reuse of their works by offering them for use under generous, standardized terms; those who want to make creative uses of works; and those who want to benefit from this symbiosis. Our vision is to help others realize the full potential of the internet. CC has affiliates all over the world who help ensure our licenses work internationally and who raise awareness of our work.

Although Creative Commons is best known for its licenses, our work extends beyond just providing copyright licenses. CC offers other legal and technical tools that also facilitate sharing and discovery of creative works, such as CC0, a public domain dedication for rights holders who wish to put their work into the public domain before the expiration of copyright, and the Public Domain Mark, a tool for marking a work that is in the worldwide public domain. Creative Commons licenses and tools were designed specifically to work with the web, which makes content that is offered under their terms easy to search for, discover, and use.

For more information about CC, our main website contains in-depth information about the organization, its staff and board of directors, its history, and its supporters. You can also read CC case studies to learn about some of the inspiring ways CC licenses and tools have been used to share works and support innovative business models. You can find regularly updated information about CC by visiting the blog.

Absolutely not. CC has responded to claims to the contrary. CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

That said, Creative Commons recognizes the need for change in copyright law, and many members of the Creative Commons community are active participants in the copyright reform movement. For more information, see our statement in support of copyright reform.

What does “Some Rights Reserved” mean?

Copyright grants to creators a bundle of exclusive rights over their creative works, which generally include, at a minimum, the right to reproduce, distribute, display, and make adaptations. The phrase “All Rights Reserved” is often used by owners to indicate that they reserve all of the rights granted to them under the law. When copyright expires, the work enters the public domain, and the rights holder can no longer stop others from engaging in those activities under copyright, with the exception of moral rights reserved to creators in some jurisdictions. Creative Commons licenses offer creators a spectrum of choices between retaining all rights and relinquishing all rights (public domain), an approach we call “Some Rights Reserved.”

No. Creative Commons is not a law firm and does not provide legal advice or legal services. CC is similar to a self-help service that offers free, form-based legal documents for others to use. These FAQ answers many of the most common questions. There is also specialized information available on the following pages:

While CC does provide this informational guidance about its licenses and other tools, this information may not apply to your particular situation, and should never be taken as legal advice.

If you’re looking for legal advice about using CC licenses and other tools, we recommend contacting the Creative Commons affiliate in your jurisdiction. CC affiliates are highly connected to the communities of copyright lawyers in their countries. We also offer a list of lawyers and organizations who have identified themselves as willing to provide information to others about CC licensing issues. However, please note that CC does not provide referral services, and does not endorse or recommend any person on that list.

Does Creative Commons collect or track material licensed under a CC license?

No, CC does not collect content or track licensed material. However, CC builds technical tools that help the public search for and use works licensed under our licenses and other legal tools, and many others have built such tools as well. CC Search is one tool developed by CC to help the public discover works offered under Creative Commons licenses on the internet via CC-aware search engines and repositories.

What do the Creative Commons buttons do?

The CC buttons are a shorthand way to convey the basic permissions associated with material offered under CC licenses. Creators and owners who apply CC licenses to their material can download and apply those buttons to communicate to users the permissions granted in advance. When the material is offered online, the buttons should usually link out to the human-readable license deeds (which, in turn, link to the license itself).

May I use the Creative Commons logo and buttons?

You may download high resolution versions of the Creative Commons logos and use them in connection with your work or your website, provided you comply with our policies. Among other things, if you use the logos on a website or on your work, you may not alter the logos in any respect—such as by changing the font, the proportions, or the colors. CC’s buttons, name, and corporate logo (the “CC” in a circle) are trademarks of Creative Commons. You cannot use them in ways not permitted by our policies unless you first receive express, written permission. This means, for example, that you cannot (without our permission) print your own buttons and t-shirts using CC logos, although you can purchase them in CC’s store.

I love Creative Commons. How can I help?

Please support CC by making a donation through our support page. Donations can be handled through PayPal or by credit card. You can also support CC by visiting our store.

CC always welcomes your feedback, which you can provide by emailing . You can also participate in CC’s email discussion lists and share feedback and ideas in one of those forums.

If you are a software developer, sysadmin, or have other technical expertise, please join our developer community and help build the tools that build the commons.

Finally, one of the best ways to support CC is by supporting our causes yourself. Follow our blog to find out about current issues where you can help get involved and spread the word, and advocate for free and open licensing in your own communities.

Why does Creative Commons run an annual fundraising campaign? What is the money used for and where does it go?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, with affiliates all over the world who help ensure our licenses work internationally and raise awareness about our work. Our tools are free, and our reach is wide.

In order to…

  • continue developing our licenses and public domain tools to make sure they are legally and technically up-to-date around the world,
  • help creators implement these tools on websites through best practices and individual assistance,
  • enable CC licensing on major content-sharing platforms,
  • enhance CC-licensed resource search and discovery,
  • advocate for CC licensing and open policies in education, science, and culture, and
  • myriad other activities we’re forgetting to mention, such as all the everyday boring but essential operations that go into running an organization

…we need $ to make it all happen! For more information, please take a look at our Annual Report.

Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. It is essential we have the public’s support because it is the creators and users of CC material who make our tools relevant in this digital age. They depend on the tools and services CC provides through their reuse and remix of the rich, open resources available on Wikipedia, Flickr, SoundCloud, Vimeo, Europeana, MIT OpenCourseWare, the Library of Science, Al Jazeera, and YouTube—just to name a few. Many of these people donate $10, $25, or $50 to CC, to help keep it up and running so we can continue to provide our tools and services for free, as a nonprofit organization. The more people who donate to CC, the more independent it will remain.

General License Information

What are Creative Commons licenses?

Creative Commons licenses provide an easy way to manage the copyright terms that attach automatically to all creative material under copyright. Our licenses allow that material to be shared and reused under terms that are flexible and legally sound. Creative Commons offers a core suite of six copyright licenses. Because there is no single “Creative Commons license,” it is important to identify which of the six licenses you are applying to your material, which of the six licenses has been applied to material that you intend to use, and in both cases the specific version.

All of our licenses require that users provide attribution (BY) to the creator when the material is used and shared. Some licensors choose the BY license, which requires attribution to the creator as the only condition to reuse of the material. The other five licenses combine BY with one or more of three additional license elements: NonCommercial (NC), which prohibits commercial use of the material; NoDerivatives (ND), which prohibits the sharing of adaptations of the material; and ShareAlike (SA), which requires adaptations of the material be released under the same license.

CC licenses may be applied to any type of work, including educational resources, music, photographs, databases, government and public sector information, and many other types of material. The only categories of works for which CC does not recommend its licenses are computer software and hardware. You should also not apply Creative Commons licenses to works that are no longer protected by copyright or are otherwise in the public domain. Instead, for those works in the worldwide public domain, we recommend that you mark them with the Public Domain Mark.

How do CC licenses operate?

CC licenses are operative only when applied to material in which a copyright exists, and even then only when a particular use would otherwise not be permitted by copyright. Note that the latest version of CC licenses also applies to rights similar to copyright, such as neighboring rights and sui generis database rights. Learn more about the scope of the licenses. This means that CC license terms and conditions are not triggered by uses permitted under any applicable exceptions and limitations to copyright, nor do license terms and conditions apply to elements of a licensed work that are in the public domain. This also means that CC licenses do not contractually impose restrictions on uses of a work where there is no underlying copyright. This feature (and others) distinguish CC licenses from some other open licenses like the ODbL and ODC-BY, both of which are intended to impose contractual conditions and restrictions on the reuse of databases in jurisdictions where there is no underlying copyright or sui generis database right.

All CC licenses are non-exclusive: creators and owners can enter into additional, different licensing arrangements for the same material at any time (often referred to as “dual-licensing” or “multi-licensing”). However, CC licenses are not revocable once granted unless there has been a breach, and even then the license is terminated only for the breaching licensee.

There are also videos and comics that offer visual descriptions of how CC licenses work.

Which is the latest version of the licenses offered by Creative Commons?

In November 2013, Creative Commons published the version 4.0 license suite. These licenses are the most up-to-date licenses offered by CC, and are recommended over all prior versions. You can see how the licenses have been improved over time on the license versions page. 4.0 has been drafted to be internationally valid, and will have official translations becoming available after publication.

No. By design, CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions. This is a fundamental principle of CC licensing.

Who gives permission to use material offered under Creative Commons licenses?

Our licenses and legal tools are intended for use by anyone who holds copyright in the material. This is often, but not always, the creator.

Creative Commons offers licenses and tools to the public free of charge and does not require that creators or other rights holders register with CC in order to apply a CC license to a work. This means that CC does not have special knowledge of who uses the licenses and for what purposes, nor does CC have a way to contact creators beyond means generally available to the public. CC has no authority to grant permission on behalf of those persons, nor does CC manage those rights on behalf of others.

If you would like to obtain additional permissions to use the work beyond those granted by the license that has been applied, or if you’re not sure if your intended use is permitted by the license, you should contact the rights holder.

Are Creative Commons licenses enforceable in a court of law?

Creative Commons licenses are drafted to be enforceable around the world, and have been enforced in court in various jurisdictions. To CC’s knowledge, the licenses have never been held unenforceable or invalid.

CC licenses contain a “severability” clause. This allows a court to eliminate any provision determined to be unenforceable, and enforce the remaining provisions of the license.

What happens if someone applies a Creative Commons license to my work without my knowledge or authorization?

CC alerts prospective licensors they need to have all necessary rights before applying a CC license to a work. If that is not the case and someone has marked your work with a CC license without your authorization, you should contact that person and tell them to remove the license from your work. You may also wish to contact a lawyer. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What are the international (“unported”) Creative Commons licenses, and why does CC offer “ported” licenses?

One of CC’s goals is ensuring that all of its legal tools work globally, so that anyone anywhere in the world can share their work on globally standard terms. To this end, CC offers a core suite of six international copyright licenses (formerly called the “unported”) that are drafted based largely on various international treaties governing copyright, taking into account as many jurisdiction-specific legal issues as possible. The latest version (4.0) has been drafted with particular attention to the needs of international enforceability.

For version 3.0 and earlier, Creative Commons has also offered ported versions of its six core licenses for many jurisdictions (which usually correspond to countries, but not always). These ported licenses are based on the international license suite but have been modified to reflect local nuances in the expression of legal terms and conditions, drafting protocols, and language. The ported licenses and the international licenses are all intended to be legally effective everywhere. CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

Can governments and intergovernmental organizations (“IGOs”) use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors’ overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the “machine readable” layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]”; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you’re uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC’s Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC’s legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC’s Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and running pilot programs that allow creators to use CC licenses in some circumstances.

If you are already a member of a collecting society and want to use CC licenses, you are welcome to encourage your collecting society to give you the option of Creative Commons licensing.

Can I still make money from a work I make available under a Creative Commons license?

Yes. One of our goals is to encourage creators and rights holders to experiment with new ways to promote and market their work. There are several possible ways of doing this.

CC’s NonCommercial (NC) licenses allow rights holders to maximize distribution while maintaining control of the commercialization of their works. If you want to reserve the right to commercialize your work, you may do this by choosing a license with the NC condition. If someone else wants to use your work commercially and you have applied an NC license to your work, they must first get your permission. As the rights holder, you may still sell your own work commercially.

You may also use funding models that do not depend on using an NC license. For example, many artists and creators use crowdfunding to fund their work before releasing it under a less restrictive license. Others use a “freemium” model where the basic content is free, but extras such as a physical printed version or special access to a members-only website are for paying customers only.

For more information and ideas, The Power of Open presents case studies of artists, businesspeople, and organizations who use CC.

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

No. CC licenses allow for flexibility in the way credit is provided depending on the medium, means, and context in which a licensee is redistributing licensed material. For example, providing attribution to the creator when using licensed material in a blog post may be different than doing so in a video remix. This flexibility facilitates compliance by licensees and reduces uncertainty about different types of reuse—minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded.

Can I change the license terms or conditions?

Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons” or “CC” license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials. Keep in mind that altering terms and conditions is distinct from waiving existing conditions or granting additional permissions than those in the licenses. Licensors may always do so, and many choose to do so using the CC+ protocol to readily signal the waiver or additional permission on the CC license deed.

CC does not assert copyright in the text of its licenses, so you are permitted to modify the text as long as you do not use the CC marks to describe it. However, we do not recommend this. We also advise against modifying our licenses through indirect means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other material. This would prevent licensees from using, combining, or remixing content under your customized license with other content under the same or compatible CC licenses.

Modifying licenses creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.

Can I waive license terms or conditions?

Yes. You may always choose to waive some license terms or conditions. Material licensed under a CC license but with additional permissions granted or conditions waived may be compatibly licensed with other material under the same license. Our CC+ protocol provides a mechanism for facilitating that grant or waiver.

Can I enter into separate or supplemental agreements with users of my work?

Yes. CC licenses are nonexclusive. Licensors always have the option of entering into separate arrangements for the sharing of their material in addition to applying a CC license. However, those different arrangements are not “CC” or “Creative Commons” licenses.

Separate agreements: You may offer the licensed material under other licenses in addition to the CC license (a practice commonly referred to as “dual licensing”). For example, you may wish to license a video game soundtrack under both a CC license and the GPL, so that it may be used under either set of terms. A reuser may then choose which set of terms to comply with. Or, for example, you may offer your material to the public under a NonCommercial license, but offer commercial permissions to fee-paying customers.

Supplemental agreements: Problems arise when licensors design those terms or arrangements to serve not as separate, alternative licensing arrangements but as supplemental terms having the effect of changing the standard terms within the CC license. While you may offer separate terms and conditions to other parties, you should not do so in such a way that would neutralize terms of the CC license.

Except in the limited situation where more permissions are being granted or license conditions are waived, if the additional arrangement modifies or conflicts with the CC license terms, then the resulting licensing arrangement is no longer a CC licensing arrangement. To avoid confusing those who may mistakenly believe the work is licensed under standard CC terms, we must insist that in these instances licensors not use our trademarks, names, and logos in connection with their custom licensing arrangement.

It should be noted that any agreements you make with other parties only have an effect on the other parties to that agreement, and do not apply to anyone else receiving the licensed material. For example, if there are terms of use that apply to visitors to your website on which you host CC-licensed material, your terms of use may apply to visitors to that website, but not to anyone who receives copies of the CC-licensed material elsewhere. Even for the visitors to your website, any separate terms and conditions do not become part of the license—they remain a separate contractual agreement, and violation of this agreement does not constitute copyright infringement.

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

A CC license terminates automatically when its conditions are violated. For example, if a reuser of CC-licensed material does not provide the attribution required when sharing the work, then the user no longer has the right to continue using the material and may be liable for copyright infringement. The license is terminated for the user who violated the license. However, all other users still have a valid license, so long as they are in compliance.

Under the 4.0 licenses, a licensee automatically gets these rights back if she fixes the violation within 30 days of discovering it.

If you apply a Creative Commons license and a user violates the license conditions, you may opt to contact the person directly to ask them to rectify the situation or consult a lawyer to act on your behalf. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

As long as users abide by license terms and conditions, licensors cannot control how the material is used. However, CC licenses do provide several mechanisms that allow licensors to choose not to be associated with their material or to uses of their material with which they disagree.

First, all CC licenses prohibit using the attribution requirement to suggest that the licensor endorses or supports a particular use. Second, licensors may waive the attribution requirement, choosing not to be identified as the licensor, if they wish. Third, if the licensor does not like how the material has been modified or used, CC licenses require that the licensee remove the attribution information upon request. (In 3.0 and earlier, this is only a requirement for adaptations and collections; in 4.0, this also applies to the unmodified work.) Finally, anyone modifying licensed material must indicate that the original has been modified. This ensures that changes made to the original material–whether or not the licensor approves of them–are not attributed back to the licensor.

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

The use of any effective technical protection measures (such as digital rights management or “DRM”) by licensees to prevent others from exercising the licensed rights is prohibited.

Not all kinds of encryption or access limitations are prohibited by the licenses. For example, sending content via email and encrypting it with the recipient’s public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a particular set of users (for example, by requiring a username and password to enter a site) does not restrict further use of the content by the recipients. In these examples, these things do not prevent the recipient from exercising all of the rights granted by the license, including the right to redistribute it further.

If someone is applying effective technological measures to your CC-licensed material that do restrict exercise of the licensed rights (such as applying DRM that restricts copying), this is a violation of the license terms unless you have chosen to grant this permission separately.

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

No. CC licenses grant permission to use the licensed material in any media or format regardless of the format in which it has been made available. This is true even if you have applied a NoDerivatives license to your work. Once a CC license is applied to a work in one format or medium, a licensee may use the same work in any other format or medium without violating the licensor’s copyright.

What if I change my mind about using a CC license?

CC licenses are not revocable. Once something has been published under a CC license, licensees may continue using it according to the license terms for the duration of applicable copyright and similar rights. As a licensor, you may stop distributing under the CC license at any time, but anyone who has access to a copy of the material may continue to redistribute it under the CC license terms. While you cannot revoke the license, CC licenses do provide a mechanism for licensors to ask that others using their material remove the attribution information. You should think carefully before choosing a Creative Commons license.

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

CC offers six core licenses, each of which grants a different set of permissions. Before you use CC-licensed material, you should review the terms of the particular license to be sure your anticipated use is permitted. If you wish to use the work in a manner that is not permitted by the license, you should contact the rights holder (often the creator) to get permission first, or look for an alternative work that is licensed in a way that permits your anticipated use. Note that if you use material in a way that is not permitted by the applicable license and your use is not otherwise permitted by an applicable copyright exception or limitation, the license is automatically terminated and you may be liable for copyright infringement, even if you are eligible to have your rights reinstated later.

Before using material offered under a Creative Commons license, you should know that CC licenses only grant permissions needed under copyright and similar rights, and there may be additional rights you need to use it as intended. You should also understand that licensors do not offer warranties or guarantees about the material they are licensing unless expressly indicated otherwise. All materials are licensed “AS IS” and a disclaimer of warranties applies unless expressly provided otherwise. If you want to ask for a warranty or guarantee about rights to use the material, you should talk with the licensor before using it.

Does a Creative Commons license give me all the rights I need to use the work?

It depends. CC licenses do not license rights other than copyright and similar rights (which include sui generis database rights in version 4.0). For example, they do not license trademark or patent rights, or the publicity, personality, and privacy rights of third parties. However, licensors agree to waive or not assert any moral rights, publicity rights, personality rights, or privacy rights they themselves hold, to the limited extent necessary to allow exercise of the licensed rights. Any rights outside of the scope of the license may require clearance (i.e., permission) in order to use the work as you would like.

Additionally, creative works sometimes incorporate works owned by others (known as “third party content”), often used pursuant to a CC license or under an exception or limitation to copyright such as fair use in the U.S. You should make sure you have permission to use any third party content contained in the work you want to use, or that your use is otherwise allowed under the laws of your jurisdiction, particularly in cases such as fair use where your right to use the content depends on the particular context in which you plan to use it.

All CC licenses contain a disclaimer of warranties, meaning that the licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work. You may wish to obtain legal advice before using CC-licensed material if you are not sure whether you have all the rights you need.

What if there are sui generis database rights that apply to my use of a CC-licensed database?

In the somewhat limited circumstances where sui generis database rights apply to your use, special conditions apply and there are more specific considerations you should be aware of. Under 4.0, sui generis database rights are licensed alongside copyright, but the treatment in earlier versions of the license varies. A fuller explanation of these variations and related considerations is available in the Data FAQ.

Where can I find material offered under a CC license?

If you are looking for material offered under a Creative Commons license, CC Search is a good starting point. There is also a directory of organizations and individuals who use CC licenses. Some media sites, such as Flickr, have search filters for material licensed using CC’s licenses.

Be sure to confirm that the material you want to use is actually under a CC license, as search results may sometimes be misleading.

Are Creative Commons works really free to use?

Yes. While many if not most CC-licensed works are available at no cost, some licensors charge for initial access to CC-licensed works—for example, by publishing CC-licensed content only to subscribers, or by charging for downloads. However, even if you have paid an access charge, once you have a copy of CC-licensed material, you may make any further uses permitted by the license without paying licensing fees.

(If you wish to make uses that are not permitted by the license—for example, making a commercial use of an NC-licensed photo—the licensor may charge for those additional rights.)

What should I know about differences between the international licenses and the ported licenses?

As a licensee, you should always read and understand the relevant license’s legal code before using CC-licensed material, particularly if you are using material that is licensed using a ported license with which you are unfamiliar. Our porting process involved adapting the international licenses to the legal framework of different jurisdictions, and in that process slight adjustments may have been made that you should make yourself aware of in advance of using the material. You can find more information about the ported licenses in the Jurisdiction Database.

There are currently no ported versions of 4.0, and we expect there will be few, if any, in the future. All official translations of the 4.0 international licenses are equivalent: you may substitute one for another depending on your preferred language.

However, the ported versions of 3.0 and earlier sometimes contain small differences from the international license depending on the ways in which they have been adapted to their jurisdictions. For example, a handful of the ported licenses contain provisions specifying which laws will apply in the event the licensor chooses to enforce the license, and a few of the ported licenses contain forum selection clauses.

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Contact the rights holders to ask for permission. Otherwise, unless an exception or limitation to copyright applies, your use of the material may violate the Creative Commons license. If you violate the terms of the license, your rights to use the material will be automatically terminated, and you may be liable for copyright infringement.

Do I always have to comply with the license terms? If not, what are the exceptions?

You need to comply with the license terms if what you are doing would otherwise require permission from the rights holder. If your use would not require permission from the rights holder because it falls under an exception or limitation, such as fair use, or because the material has come into the public domain, the license does not apply, and you do not need to comply with its terms and conditions. Additionally, if you are using an excerpt small enough to be uncopyrightable, the license does not apply to your use, and you do not need to comply with its terms.

However, if you are using excerpts of CC-licensed material which individually are minimal and do not require license compliance, but together make up a significant copyrightable chunk, you must comply with the license terms. For example, if you quote many individual lines from a poem across several sections of a blog post, and your use is not a fair use, you must comply with the license even though no individual line would have been a substantial enough portion of the work to require this.

Attribution

How do I properly attribute material offered under a Creative Commons license?

All CC licenses require users to attribute the creator of licensed material, unless the creator has waived that requirement, not supplied a name, or asked that her name be removed. Additionally, you must retain a copyright notice, a link to the license (or to the deed), a license notice, a notice about the disclaimer of warranties, and a URI if reasonable. For versions prior to 4.0, you must also provide the title of the work. (Though it is not a requirement in 4.0, it is still recommended if one is supplied.)

You must also indicate if you have modified the work—for example, if you have taken an excerpt, or cropped a photo. (For versions prior to 4.0, this is only required if you have created an adaptation by contributing your own creative material, but it is recommended even when not required.) It is not necessary to note trivial alterations, such as correcting a typo or changing a font size. Finally, you must retain an indication of previous modifications to the work.

CC licenses have a flexible attribution requirement, so there is not necessarily one correct way to provide attribution. The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner. Additionally, you may satisfy the attribution requirement by providing a link to a place where the attribution information may be found.

While the attribution requirements in the license are the minimum requirement, we always recommend that you follow the best practices for the kind of use you are making. For example, if you are using scientific data marked with CC0, you are not required to give attribution at all, but we recommend that you give the same credit you would give to any other source—not because the license requires it, but because that is the standard for letting others know the source of the data.

The CC website offers some best practices to help you attribute properly, and the CC Australia team has developed a helpful guide to attributing CC-licensed material (.pdf) in different formats. Note that the attribution and marking requirements vary slightly among license versions. See here for a chart comparing the specific requirements.

Do I need to be aware of anything else when providing attribution?

Yes. You need to be careful not to imply any sponsorship, endorsement, or connection with the licensor or attribution party without their permission. Wrongfully implying that a creator, publisher, or anyone else endorses you or your use of a work may be unlawful. Creative Commons makes the obligation not to imply endorsement explicit in its licenses. In addition, if the licensor of a work requests that you remove the identifying credit, you must do so to the extent practical.

Additionally, when you are using a work that is an adaptation of one or more pre-existing works, you may need to give credit to the creator(s) of the pre-existing work(s), in addition to giving credit to the creator of the adaptation.

Do I always have to attribute the creator of the licensed material?

You must attribute the creator when you provide material to the public by any means that is restricted by copyright or similar rights. If you are using the material personally but are not making it or any adaptations of it available to others, you do not have to attribute the licensor. Similarly, if you are only distributing the material or adaptations of it within your company or organization, you do not have to comply with the attribution requirement. Learn more about when compliance with the license is not required.

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such.

Can I take a CC-licensed work and use it in a different format?

Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.

This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work.

How do I know if a low-resolution photo and a high-resolution photo are the same work?

As with most copyright questions, it will depend on applicable law. Generally, to be different works under copyright law, there must be expressive or original choices made that make one work a separate and distinct work from another. The determination depends on the standards for copyright in the relevant jurisdiction.

Under U.S. copyright law, for example, mechanical reproduction of a work into a different format is unlikely to create a separate, new work. Consequently, digitally enhancing or changing the format of a work absent some originality, such as expressive choices made in the enhancement or encoding, will not likely create a separate work for copyright purposes. The creative bar is low, but it is not non-existent. Accordingly, in some jurisdictions releasing a photograph under a CC license will give the public permission to reuse the photograph in a different resolution.

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

The NoDerivs licenses (BY-ND and BY-NC-ND) prohibit reusers from creating adaptations. What constitutes an adaptation, otherwise known as a derivative work, varies slightly based on the law of the relevant jurisdiction.

Incorporating an unaltered excerpt from an ND-licensed work into a larger work only creates an adaptation if the larger work can be said to be built upon and derived from the work from which the excerpt was taken. Generally, no derivative work is made of the original from which the excerpt was taken when the excerpt is used to illuminate an idea or provide an example in another larger work. Instead, only the reproduction right of the original copyright holder is being exercised by person reusing the excerpt. All CC licenses grant the right to reproduce a CC-licensed work for noncommercial purposes (at a minimum). For example, a person could make copies of one chapter of an ND-licensed book and not be in violation of the license so long as other conditions of the license are met.

There are exceptions to that general rule, however, when the excerpts are combined with other material in a way that creates some new version of the original from which the excerpt is taken. For example, if a portion of a song was used as part of a new song, that may rise to the level of creating an adaptation of the original song, even though only a portion of it was used and even if that portion was used as-is.

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

No. When you receive material under a Creative Commons license, you may not place additional terms and conditions on the reuse of the work. This includes using effective technological measures (ETMs) that would restrict a licensee’s ability to exercise the licensed rights.

A technological measure is considered an ETM if circumventing it carries penalties under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements. Generally, this means that the anti-circumvention laws of various jurisdictions would cover attempts to break it.

For example, if you remix a CC-licensed song, and you wish to share it on a music site that places digital copy-restriction on all uploaded files, you may not do this without express permission from the licensor. However, if you upload that same file to your own site or any other site that does not apply DRM to the file, and a listener chooses to stream it through an app that applies DRM, you have not violated the license.

Note that merely converting material into a different format that is difficult to access or is only available for certain platforms does not violate the restriction; you may do this without violating the license terms.

Can I share CC-licensed material on password-protected sites?

Yes. This is not considered to be a prohibited measure, so long as the protection is merely limiting who may access the content, and does not restrict the authorized recipients from exercising the licensed rights. For example, you may post material under any CC license on a site restricted to members of a certain school, or to paying customers, but you may not place effective technological measures (including DRM) on the files that prevents them from sharing the material elsewhere.

(Note that charging for access may not be permitted with NC-licensed material; however, it is not disallowed by the restriction on ETMs.)

Can I share CC-licensed material on file-sharing networks?

Yes. All CC licenses allow redistribution of the unmodified material by any means, including distribution via file-sharing networks. Note that file-trading is expressly considered to be noncommercial for purposes of compliance with the NC licenses. Barter of NC-licensed material for other items of value is not permitted.

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

If you have received material under a CC license that is encumbered with effective technological measures (such as digital rights management or DRM), you may or may not be permitted to break it, depending on the circumstances. By releasing material under a CC license, the licensor agrees not to assert any rights she may have to prevent the circumvention of effective technological measures. (Under the 3.0 and earlier licenses, this is implied but not explicit.) However, if she has uploaded it to a site or other distribution channel that itself applies such measures, that site may have the right to prevent you from breaking them, even though the licensor herself cannot do so.

Note that anti-circumvention laws can impose criminal liability in some jurisdictions.

What if I have received CC-licensed material with additional restrictions?

It is possible that CC-licensed material will appear on platforms that impose terms in addition to the copyright license (though Creative Commons strongly discourages restrictions that interfere with exercise of the licensed rights). These additional terms do not form part of the license for the work. For example, if you download CC-licensed material from a site that does not permit downloading, you may be breaking the terms of use of the site, but you are not infringing the CC license. See our guide to Modifying the CC licenses for more guidance and information.

Combining and adapting CC material

When is my use considered an adaptation?

Whether a modification of licensed material is considered an adaptation for the purpose of CC licenses depends primarily on the applicable copyright law. Copyright law reserves to an original creator the right to create adaptations of the original work. CC licenses that allow for adaptations to be shared—all except BY-ND and BY-NC-ND—grant permission to others to create and redistribute adaptations when doing so would otherwise constitute a violation of applicable copyright law. Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable, such as a translation of a novel from one language to another, or the creation of a screenplay based on a novel.

Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation, whether or not it would be considered so under applicable law. Also, under version 4.0, certain uses of databases restricted by sui generis database rights also constitute adaptations (called “Adapted Material” in the 4.0 licenses), whether or not they would be considered adaptations under copyright law. For more details about adaptations in the database context, see the Data FAQ.

Note that all CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license.

Note on terminology: throughout these FAQs, we use the term “remix” interchangeably with “adapt.” Both are designed to mean doing something that constitutes an adaptation under copyright law.

Can I combine material under different Creative Commons licenses in my work?

It depends. The first question to ask is whether doing so constitutes an adaptation. If the combination does not create an adaptation, then you may combine any CC-licensed content so long as you provide attribution and comply with the NonCommercial restriction if it applies. If you want to combine material in a way that results in the creation of an adaptation (i.e. a “remix”), then you must pay attention to the particular license that applies to the content you want to combine.

The NoDerivatives licenses do not permit remixing except for private use (the pre-4.0 licenses do not permit remixing at all, except as allowed by exceptions and limitations to copyright). All the other CC licenses allow remixes, but may impose limitations or conditions on how the remix may be used. For example, if you create a remix with material licensed under a ShareAlike license, you need to make sure that all of the material contributed to the remix is licensed under the same license or one that CC has named as compatible, and you must properly credit all of the sources with the required attribution and license information. Similarly, if you want to use a remix for commercial purposes, you cannot incorporate material released under one of the NonCommercial licenses.

The chart below shows which CC-licensed material can be remixed. To use the chart, find a license on the left column and on the top right row. If there is a check mark in the box where that row and column intersect, then the works can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies. See below for details on how remixes may be licensed.

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If you make adaptations of material under a CC license (i.e. “remix”), the original CC license always applies to the material you are adapting even once adapted. The license you may choose for your own contribution (called your “adapter’s license”) depends on which license applies to the original material. Recipients of the adaptation must comply with both the CC license on the original and your adapter’s license.

  • BY and BY-NC material

When remixing BY or BY-NC material, it is generally recommended that your adapter’s license include at least the same license elements as the license applied to the original material. This eases reuse for downstream users because they are able to satisfy both licenses by complying with the adapter’s license. For example, if you adapt material licensed under BY-NC, your adapter’s license should also contain the NC restriction. See the chart below for more details.

  • BY-SA and BY-NC-SA material

In general, when remixing ShareAlike content, your adapter’s license must be the same license as the license on the material you are adapting. All licenses after version 1.0 also allow you to license your contributions under a later version of the same license, and some also allow ported licenses. (See the license versions page for details.) If you wish to adapt material under BY-SA or BY-NC-SA and release your contributions under a non-CC license, you should visit the Compatibility page to see which options are allowed.

  • BY-ND and BY-NC-ND material

The BY-ND and BY-NC-ND licenses do not permit distribution of adaptations (also known as remixes or derivative works), and prohibits the creation of adaptations under the pre-4.0 versions of those licenses. Since you may not share remixes of these materials at all, there is no compatibility with other licenses. (Note that the ND licenses do allow you to reproduce the material in unmodified form together with other material in a collection, as indicated in the next FAQ.)

  • Adapter’s license chart

The chart below details the CC license(s) you may use as your adapter’s license. When creating an adaptation of material under the license identified in the lefthand column, you may license your contributions to the adaptation under one of the licenses indicated on the top row if the corresponding box is green. CC does not recommend using a license if the corresponding box is yellow, although doing so is technically permitted by the terms of the license. If you do, you should take additional care to mark the adaptation as involving multiple copyrights under different terms so that downstream users are aware of their obligations to comply with the licenses from all rights holders. Dark gray boxes indicate those licenses that you may not use as your adapter’s license.

Adapter’s license chart Adapter’s license
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work PD              
BY              
BY-NC              
BY-NC-ND              
BY-NC-SA              
BY-ND              
BY-SA              
Abbreviation Key

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

All Creative Commons licenses (including the version 4.0 licenses) allow licensed material to be included in collections such as anthologies, encyclopedias, and broadcasts. You may choose a license for the collection, however this does not change the license applicable to the original material.

When you include CC-licensed content in a collection, you still must adhere to the license conditions governing your use of the material incorporated. For example, material under any of the Creative Commons NonCommercial licenses cannot be used commercially. The table below indicates what type of CC-licensed works you may incorporate into collections licensed for commercial and noncommercial uses.

Original Work Commercial Collection (BY, BY-SA, BY-ND) NonCommercial Collection (BY-NC, BY-NC-SA, BY-NC-ND)
PD    
BY    
BY-NC    
BY-NC-ND    
BY-NC-SA    
BY-ND    
BY-SA    

License termination

When do Creative Commons licenses expire?

Creative Commons licenses expire when the underlying copyright and similar rights expire.

Note that the relevant rights may expire at different times. For example, you may have a CC-licensed song where the rights in the musical arrangement expire before the rights in the lyrics. In this case, when the copyright in the music expires, you may use it without being required to comply with the conditions of the CC license; however, you must still comply with the license if you use the lyrics.

What happens if the author decides to revoke the CC license to material I am using?

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms. Of course, you may choose to respect the licensor’s wishes and stop using the work.

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

All of the CC licenses terminate if you fail to follow the license conditions. If this happens, you no longer have a license to use the material.

In the 4.0 licenses, your rights under the license are automatically reinstated if you correct this failure within 30 days of discovering the violation (either on your own or because the licensor or someone else has told you). Under the 3.0 and earlier licenses, there is no automatic reinstatement.

If you have lost your rights under a CC license and are not entitled to automatic reinstatement, you may regain your rights under the license if the licensor expressly grants you permission. You cannot simply re-download the material to get a new license.

Note that you may still be liable for damages for copyright infringement for the period where you were not in compliance with the license.

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

The Creative Commons licenses have three layers, as does the CC0 public domain dedication: the human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The Public Domain Mark is not legally operative, and so has only two layers: the human-readable mark and machine-readable metadata.

When material is licensed using any of the CC licenses or tools, it is highly recommended that a CC button, text, or other marker somehow accompany it. There are many possible modes for marking. For our licenses, people generally use the CC license chooser to generate HTML code that can be pasted into the webpage where the licensed material is published. CC0 and the Public Domain Mark have a separate chooser. Many platforms and web services such as Flickr and Drupal support CC licensing directly, allowing you to select an appropriate license. The service then properly marks the work for you.

CC has published some best practices for marking your CC-licensed material, and recommends:

  • Including a visual indicator (some combination of text and images) that the work is licensed with one of the CC licenses.
  • Clearly indicating what material is covered under the CC license, especially if it’s presented alongside non-licensed materials.
  • Including a link to the human-readable deed (which itself contains a link to the legal code).
  • Embedding machine-readable metadata in the code of the license indicator or code of the licensed page.

See the marking page for more details.

What does it mean that Creative Commons licenses are “machine-readable”?

Creative Commons has specified CC REL as a way to associate machine-readable licensing metadata with objects offered under CC licenses.

Before Creative Commons developed this vocabulary, it was difficult for a machine to ascertain whether an object was marked with a CC license. There was also no standard, predictable place to house metadata about that license (for example, the source URL of the work or the required mode of attribution).

Machine-readable metadata based on well-accepted metadata standards creates a platform upon which new services and applications can be built. Software and services can detect CC licenses and the details of that license, as described by the metadata. For example, on many websites and search engines such as Google and Flickr, you can run filtered searches for works offered under specific CC licenses. In addition, CC license deeds can automatically create copy-and-paste attribution code so users may easily comply with the BY condition of the licenses. When you click on a CC license or button from a page with license metadata, you get copy-and-paste attribution HTML within that license deed page. That HTML is based on available RDFa metadata in the original material.

All HTML provided by the CC license chooser is automatically annotated with metadata in RDFa format.

What is RDFa?

RDFa is a method for embedding structured data in a web page. For more information about RDFa, see the following resources:

What is CC REL and why does Creative Commons recommend it?

Creative Commons Rights Expression Language (CC REL) renders information about licenses and works machine-readable through standards that define the semantic web. Creative Commons wants to make it easy for creators and scientists to build upon the works of others when they choose; licensing your work for reuse and finding properly licensed works to reuse should be easy. CC recommends that you mark your licensed works with CC REL. The Creative Commons license chooser provides HTML annotated with CC REL, while the Creative Commons deeds recognize CC REL on web pages with works offered under a CC license, and use this metadata to enhance the deed for properly marked-up works, e.g., by providing copy and paste HTML that includes work attribution.

For more background information on CC REL, please refer to this paper.

What does it mean for a search engine to be CC-enabled?

Some search engines (like Google) allow people to filter their search results by usage rights so that you can limit your search results according to the particular CC license you seek. For example, if you are looking for a photo to adapt, you can filter your search to return photos that have a CC license that permits creation of adaptations. You can generally find this search feature on the advanced search page of your selected search engine. You can also use CC Search, which offers a convenient interface to search and a list of those content providers that support searches for content based on usage rights.

Please note, however, that you should always double check to make sure that the work you locate through a search is licensed as you wish.

How do I give users of my site the option to use CC licensing like Flickr does?

Creative Commons provides tools for integrating license selection with your site. You can find an overview at the Web Integration article on the CC wiki. The Partner Interface is a good way to get started and will always have the most up-to-date license versions and translations. However, there is also an API available if you want more control.

How can I change or remove the Creative Commons search option built into the Firefox browser?

Mozilla has included the Creative Commons search function in many versions of Firefox along with search options for Google, Amazon, and other popular sites. Please take a look at the Firefox article on the CC wiki for an explanation of how to change these features.

If you want to add or remove a particular search option, click on the logo in the search box (for example, the CC logo or the Google logo). This will open the pull down menu, which will allow you to select different search providers. If you choose “Manage Search Engines,” you will be able to add or remove search engines. You can also alter the order in which the search providers appear on the pull down menu.

Is Creative Commons involved in digital rights management (DRM)?

No. CC licenses are a form of rights expression, not rights management. CC provides tools to make it easier for creators and owners to say which rights they reserve and permissions they grant. This is different from digital rights management (or “DRM”), which uses technological protection measures to prevent people from using the work in a way that the owner has not permitted.

CC licenses contain language prohibiting licensees from the use of effective technological measures (including DRM) to prevent access to licensed material: ”You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any such recipient.”

While licensors may apply effective technological measures (ETMs) to their own materials, the licensor provides a limited permission to circumvent these measures: “The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures.” Note that this only applies to effective technological measures applied by licensors themselves: third parties such as distribution platforms may still apply ETMs if the licensor uploads there, and the license is not able to grant you permission to circumvent it.

Copyright law grants exclusive rights to creators of original works of authorship. National laws usually extend protections to such works automatically once fixed in a tangible medium, prohibiting the making of copies without the rights holder’s permission, among other things. On the internet, even the most basic activities involve making copies of copyrighted content. As content is increasingly uploaded, downloaded, and shared online, copyright law is becoming more relevant to more people than it was 20 years ago. Unfortunately, infringing copyrights—even unintentionally or unknowingly—can lead to liability. Successful navigation of the internet requires some understanding of copyright law.

What is the public domain?

The public domain of copyright refers to the aggregate of those works that are not restricted by copyright within a given jurisdiction. A work may be part of the public domain because the applicable term of copyright has expired, because the rights holder surrendered copyright in the work with a tool like CC0, or because the work did not meet the applicable standards for copyrightability.

Because the public domain depends on the copyright laws in force within a particular territory, sometimes a work may be considered “in the public domain” of one jurisdiction, but not in another. For example, U.S. government works are automatically in the public domain under U.S. copyright law, but might be restricted by copyright in other countries.

The Public Domain Manifesto, the University Libraries page, and the CC0 FAQs all contain additional information about the public domain.

Copyright in most jurisdictions attaches automatically without need for any formality once a creative work is fixed in tangible form (i.e. the minute you put pen to paper, take a photo, or hit the “save” button on your computer).

In some jurisdictions, creators may be required to register with a national agency in order to enforce copyright in court. If you would like more information, please consult the Berne Convention or your jurisdiction’s copyright law.

Although you do not have to apply a copyright notice for your work to be protected, it may be a useful tool to clearly signal to people that the work is yours. It also tells the public who to contact about the work.

What is an adaptation?

An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.

In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter’s personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil’s copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction’s copyright law for more information.

What are moral rights?

Copyright laws in many jurisdictions around the world grant creators “moral rights” in addition to the economic or commercial right to exploit their creative works. Moral rights protect the personal and reputational value of a work for its creator. Moral rights differ by country, and can include the right of attribution, the right to have a work published anonymously or pseudonymously, and/or the right to the integrity of the work. The moral right of integrity may provide creators with a source for redress if an adaptation represents derogatory treatment of their work, typically defined as “distortion or mutilation” of the work or treatment that is “prejudicial to the honor, or reputation of the author.” Not all jurisdictions provide for moral rights.

The CC licenses are intended to minimize the effect of moral rights on a licensee’s ability to use licensed material; however, in some jurisdictions, these rights may still have an effect. CC offers some additional information on how CC licenses may affect your moral rights.

What are neighboring rights?

Copyright provides an incentive to create works by providing exclusive rights to creators. However, the distribution or exploitation of a work often involves more than just the creator. For example, if someone writes a song, someone else may perform the song, and another may produce the recording of the song. Some jurisdictions extend copyright to the contributions made by these persons; other jurisdictions extend such exclusive rights in the form of neighboring rights. Neighboring rights may include performers’ rights or broadcasters’ rights, among others. The Rome Convention sets forth some guidelines on the scope of neighboring rights. Not all jurisdictions recognize neighboring rights.

What are sui generis database rights?

Sui generis database rights grant qualifying database makers the right to prohibit the extraction and reuse of a substantial portion of a database. The rights are granted to database makers that make a substantial investment of time and resources to create the database. Sui generis database rights are primarily enacted within the European Union and a handful of other jurisdictions.

What are collecting societies?

Collecting societies are copyright management organizations. Some examples of collecting societies include ASCAP and BMI (United States), BUMA/STEMRA (Netherlands), PRS (United Kingdom), and APRA (Australia). These societies license works on behalf of their owners and process royalty payments from parties using the copyrighted works.

CC offers additional information on how collecting societies might affect your rights and your ability to apply CC licenses to your work. CC has several pilots underway with collecting societies that have chosen to allow their members to use CC licenses on a limited basis.

What are publicity, personality, and privacy rights?

These terms are used differently in different jurisdictions. Generally speaking, these rights allow individuals to control the use of their voice, image, likeness, or other identifiable aspect of their identity, especially for purposes of commercial exploitation. Similarly, in some jurisdictions these rights allow people to restrict others’ ability to publish information about them without their permission. Whether and to what extent these rights exist, and if so, how they are labeled, varies depending on the jurisdiction.

Creative Commons licenses have a limited effect on these rights where the licensor holds them. Where the licensor has publicity, personality, or privacy rights that may affect your ability to use the material as the license intends, the licensor agrees to waive or not assert those rights. However, any such rights not held by the licensor are not affected and may still affect your desired use of a licensed work. If you have created a work or wish to use a work that might in some way implicate these rights, you may need to obtain permission from the individuals whose rights may be affected.

Data

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

: Uses of CC Licenses with Data and Databases : Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker’s investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [marking page]https://wiki.creativecommons.org/wiki/Marking_your_work_with_a_CC_license “wikilink”) for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights–but not copyright–are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.1 These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker’s substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Artificial intelligence and CC licenses

What are the limits on how CC-licensed works can be used in the development of new technologies, such as training of artificial intelligence software?

The licenses grant permission for reuse in any situation that requires permission under copyright. There are many ways in which CC-licensed work works and even all rights reserved works can be reused without permission. This includes uses that are fair uses, for example.

If someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected. This is one of the enduring qualities of our licenses — they have been carefully designed to work with all new technologies where copyright comes into play. No special or explicit permission regarding new technologies from a copyright perspective is required.

But what about privacy laws, rules governing ethical research, and data protection laws?

CC’s copyright licenses are not universal policy tools. Copyright is the primary obstacle to reuse that our licenses solve, but there are many other issues related to the reuse of content that our licenses do not address and that reusers should be aware of. These can include privacy and rules governing ethical research and the collection or use of data, which have to be addressed and respected separate and apart from the copyright issues that CC licenses cover.

What attribution obligations exist when CC-licensed images are included in a published dataset? Is linking to the original image or URI required, and if so, is it adequate?

It depends. First, keep in mind that CC licenses never limit uses that copyright doesn’t control. For example, as a general matter text and data mining in the United States is considered a fair use and does not require permission under copyright. This means that reusers engaged in text and data mining do not have to adhere to the marking and attribution requirements in our licenses for that activity even though we strongly recommend they do so anyway. A second example is linking. In some countries, linking to copyrighted content doesn’t require permission under copyright law, which means the CC license obligations do not come into play even though the linked content is CC-licensed.

Where a CC-licensed work is distributed as part of a database or dataset, and assuming copyright (or in the European Union, copyright or sui generis database rights) is triggered, then the license conditions must be respected. This means providing the required attribution information in a way that is reasonable under the circumstances. Our licenses allow for some flexibility, and in some cases that may be as simple as providing a link to the website where the relevant attribution information is provided. Visit our marking practices page for more information.

If a for-profit company uses CC-licensed content under a Non Commercial license and releases the work under terms that allow only research purposes, is the NC restriction violated?

This depends on whether any of the uses made of the works by the company, whether for profit or non profit, are primarily intended for commercial advantage or monetary compensation. This is hard to know without having all of the facts about how a work was used, whether internally by the company for its own purposes or how the work was distributed for further use. Visit our NC page for more information about what constitutes commercial and non commercial uses of works.

If NC-licensed content is redistributed to the public under an NC license, that distribution would not violate the NC clause. (Note that CC strongly discourages the use of any license terms other than a CC NC license for redistributions of NC-licensed content.)

If CC SA-licensed content is included in a database, does the entire database have to be licensed under an SA license?

CC licenses never require a reuser of a CC-licensed work to make the original work or resulting works (collections, derivatives, etc.) publicly available. There are lots of private reuses of works that are permitted by CC’s licenses that do not require compliance with their terms. Regarding ShareAlike, the condition only applies if a work is modified and if the work is shared publicly. In the situation where a reuser created a dataset of photos and made it publicly available, and assuming copyright permission is required, then what is released is likely a collection or compilation of pre-existing works. CC licenses do not require the collection or the compilation itself to be made available under an SA license, even though each individual work is still licensed individually under an SA license and if they were modified by the distributor the modified photo would need to be licensed under the same terms. For example, were Creative Commons to compile photographs from a photo sharing website under a BY-SA 2.0 license and create a database that it then publicly distributed, CC could license the collection as a whole under a BY license, but the photographs would continue to be licensed under BY-SA 2.0.

What, if any, remedies, do users have if they dislike how their photos or images have been reused?

Several remedies are potentially available. Some may be available if the CC license terms have been violated, and others may be available through other, separate avenues because they involve other laws or regulations that the CC licenses do not cover. It’s important to remember, however, that absent a violation of the license the permissions granted under the license remain in place and cannot be revoked.

  • Under the CC licenses, even if a license condition has not been violated licensors can ask that attribution to them be removed so they can distance themselves from the reuse.
  • For violations of a CC license term where the license was required (not a fair use, etc.) then you may have a claim for copyright infringement. Fortunately, in the CC community most license violations are handled amicably without resorting to the courts.
  • For claims involving laws and regulations other than copyright, recourse may be available depending on your local laws.

An important starting point for any would-be sharer of content under a CC license is to educate yourself in advance about how they work and what rights they do and do not cover. We have many FAQs on our website. We also provide human-readable deeds with links to the full text of our licenses. Additionally, all of our licenses highlight at the beginning many considerations that licensors should have in mind before they license, and considerations for reusers of works before they do so in order to avoid inadvertent violations.

Notes

  1. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).↩

#####EOF##### Creative Commons — Attribution 2.0 Generic — CC BY 2.0
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Creative Commons License Deed

Attribution 2.0 Generic (CC BY 2.0)

This is a human-readable summary of (and not a substitute for) the license. Disclaimer.

You are free to:

  • Adapt — remix, transform, and build upon the material
  • for any purpose, even commercially.
  • The licensor cannot revoke these freedoms as long as you follow the license terms.

Under the following terms:

  • Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.

  • No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.

Notices:

  • You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.
  • No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.

A new version of this license is available. You should use it for new works, and you may want to relicense existing works under it. No works are automatically put under the new license, however.

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Creative Commons > Share your work > Public domain > CC0

CC0

“No Rights Reserved”

CC0

CC0 enables scientists, educators, artists and other creators and owners of copyright- or database-protected content to waive those interests in their works and thereby place them as completely as possible in the public domain, so that others may freely build upon, enhance and reuse the works for any purposes without restriction under copyright or database law.

In contrast to CC’s licenses that allow copyright holders to choose from a range of permissions while retaining their copyright, CC0 empowers yet another choice altogether – the choice to opt out of copyright and database protection, and the exclusive rights automatically granted to creators – the “no rights reserved” alternative to our licenses.

The Problem

Dedicating works to the public domain is difficult if not impossible for those wanting to contribute their works for public use before applicable copyright or database protection terms expire. Few if any jurisdictions have a process for doing so easily and reliably. Laws vary from jurisdiction to jurisdiction as to what rights are automatically granted and how and when they expire or may be voluntarily relinquished. More challenging yet, many legal systems effectively prohibit any attempt by these owners to surrender rights automatically conferred by law, particularly moral rights, even when the author wishing to do so is well informed and resolute about doing so and contributing their work to the public domain.

A Solution

CC0 helps solve this problem by giving creators a way to waive all their copyright and related rights in their works to the fullest extent allowed by law. CC0 is a universal instrument that is not adapted to the laws of any particular legal jurisdiction, similar to many open source software licenses. And while no tool, not even CC0, can guarantee a complete relinquishment of all copyright and database rights in every jurisdiction, we believe it provides the best and most complete alternative for contributing a work to the public domain given the many complex and diverse copyright and database systems around the world.

Using CC0

Unlike the Public Domain Mark, CC0 should not be used to mark works already free of known copyright and database restrictions and in the public domain throughout the world. However, it can be used to waive copyright and database rights to the extent you may have these rights in your work under the laws of at least one jurisdiction, even if your work is free of restrictions in others. Doing so clarifies the status of your work unambiguously worldwide and facilitates reuse.

You should only apply CC0 to your own work, unless you have the necessary rights to apply CC0 to another person’s work.

Examples

  • Europeana — Europe’s digital library — releases its metadata into the public domain using CC0. This massive dataset consists of descriptive information from a huge trove of digitized cultural and artistic works. By removing all restrictions on the use of the metadata that describes these cultural works, Europeana creates opportunities for developers, designers, and other digital innovators to create applications, games for mobile devices, and websites that visualize and represent the diverse collection of artistic works in Europeana. See Europeana releases 20 million records into the public domain using CC0.
  • figshare allows researchers to publish all of their research outputs in an easily citable, searchable, shareable manner. Figshare has adopted CC0 as the default tool for researchers to share their datasets. In many cases, it can be difficult to ascertain whether a database is subject to copyright law, as many types of data aren’t copyrightable in many jurisdictions. Putting a database or dataset in the public domain under CC0 is a way to remove any legal doubt about whether researchers can use the data in their projects. Hundreds of organizations use CC0 to dedicate their work to the public domain. Although CC0 doesn’t legally require users of the data to cite the source, it does not affect the ethical norms for attribution in scientific and research communities.
  • Open Goldberg Variations: Before the Open Goldberg Variations, public domain recordings of Bach’s Goldberg Variations were hard to find, even though the scores themselves were in the public domain. Open Goldberg Variations wanted to change that, so it teamed up with professional musician Kimiko Ishizaka and started a Kickstarter project to create studio-quality recordings, promising to release them into the public domain using the CC0 public domain dedication tool. According to the project founders, “Musicians are usually not willing to withdraw their copyrights and their control over usage, but we feel that they thus miss opportunities to contribute to the greater good and benefit from wider distribution of their works. If this project succeeds, we hope that the recording will be available to everyone forevermore, and that it will be a truly widely known and enjoyed artistic work.” Sure enough, the project was funded at nearly double its original funding goal, and as a result all 30 variations performed by Kimiko Ishizaka are now available for free download via CC0.
  • Metropolitan Museum of Art: All public domain images in its collection are shared under CC0, which expanded their digital collection by over 375,000 images as well as provided data on over 420,000 museum objects spanning more than 5,000 years. Through the power of the commons, billions of people are now able to enjoy the beauty of the Met’s collections as well as participate in the continued growth of the commons, utilizing the infrastructure that makes greater collaboration possible.

More info

#####EOF##### Marking/Creators/Marking third party content - Creative Commons

Marking/Creators/Marking third party content

From Creative Commons
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Marking best practices also apply for any third party content your work incorporates. Third party content refers to material created by others, or more precisely, in which the licensor is not the copyright holder. Third party content could be offered under a Creative Commons license, restricted by All Rights Reserved copyright, or anything in between. You should obtain any permissions required for your use of third party content and abide by any license restrictions.

Using third party content in your work that is not offered under the same license terms as the rest of your work may require additional marking. If you include works offered under other Creative Commons licenses, additional marking may be required for attribution. If you include third party content in your work that may not be available for reuse under the same terms as the rest of the work, you should warn users and mark it with any additional information that may be helpful. CC offers additional explanation and tips on giving thorough notices and marking for works.

Marking works offered under other CC licenses

Here's how you may want to consider marking third party content that is offered under different CC licenses.

Example of marking your own work:

Except otherwise noted, this blog is © 2009 Greg Grossmeier, under a Creative Commons Attribution-ShareAlike license: http://creativecommons.org/licenses/by-sa/3.0/.

Example of marking the differently licensed item:

The photo X is © 2009 Jane Park, used under a Creative Commons Attribution-Noncommercial license: http://creativecommons.org/licenses/by-nc/3.0/.

In general, when using works offered under Creative Commons licenses you should consider adhering to best practices for marking that content.

Notices and marking

CC licenses are designed to let others know how they may use a work without infringing copyright. Sometimes, it may be helpful for a licensor to offer users guidance beyond the terms of the license. CC licensors can use notices and marking to inform users of any limitations on the application of the CC license to their work. Typically, creators give either a notice visually next to the relevant content, or at the beginning or end of a work, as appropriate for the medium, or both. There is no singular, correct way to give a notice, and different situations may require more or less complicated notices and marking. CC offers additional explanation and tips on giving thorough notices and marking for works.

Additional explanation and tips

CC licenses are designed to let others know how they may use a work without infringing copyright. Sometimes, it may be helpful for a licensor to offer users guidance beyond the terms of the license. CC licensors can use notices and marking to inform users of any limitations on the application of the CC license to their work. Users should carefully observe any notices or marking by the licensor.

When a creator or rightsholder applies a Creative Commons license to a work, the license automatically applies to any copyrights the licensor has in the entire work. Ideally, licensors will have all the rights necessary to license a work, since they otherwise potentially expose users to liability. Alternatively, licensors that do not have all the necessary rights can inform users with notice statements and/or marking that explains the limitations on the license, warning, for instance, that a particular element of a work is not freely available or that additional rights clearance may be necessary. Some licensors may also wish to exempt certain portions of a work from the application of the CC license. For instance, a creator may wish to apply a CC license to one chapter of a book. Creative Commons licenses are flexible in their application, and licensors may use them as they find appropriate. To avoid confusion or misunderstanding on the part of users, however, it is important to mark a work clearly to identify portions not subject to the CC license.

Two common marking practices

CC has found that licensors often use two mechanisms to mark works like those described above. Some licensors include a general notice within their copyright and licensing notice that identifies those portions of the work that are not subject to the CC license. This may take the form of a general notice letting licensees know that some of the content is not licensed under the CC license applied, may be subject to another license arrangement and/or may not be available for reuse. Ideally, these types of notices specifically identify that content. This style of notice is popular in mediums like video, where a notice at the beginning or the end is convenient and the standard. Other licensors choose to mark the specific content with a notice to that same effect at each instant it occurs, instead of providing a general notice attached to the work. Ideally, licensors will do both for maximum clarity.

As a best practice, licensors should give clear and effective notices. Notice may be in any form the licensor chooses and should clearly explain what rights and substantive portions of a work are and are not licensed. Some licensors include the following general notice along with the license icon: "Except where otherwise noted, this work is available under [license version]." Licensors can then use marking, for instance a watermark, colored background or any other method desired to indicate elements to which the license does not apply. For instance, some licensors individually mark pieces of content to which the license does not apply with explanatory text such as “(c) copyright holder--used with permission” or “The CC license does not apply to this picture.” Licensors in that situation, however, should also ideally explain their marking scheme in the general notice.

Tips for a clear and informative notice

There is no one, right way to give notice, and different situations may require more or less complicated notices and marking. The following tips may be helpful, however, in designing a clear and informative notice.

1. Define the work

Substantively define the work to which you are applying the license. A notice that "this work" is offered under a CC license tells a user much less than one that gives the work's title or defines the work. If you intend to license a song, name the song. If you intend to license part of a work, describe that part. For instance, an author of a novel could offer one chapter under a CC license and use the following notice: "Chapter X of Novel Y by Author Z is offered under [license version].” Licensors who define the licensed work make it easier for users to understand which works and parts of works are licensed and available for use.

2. Identify any parts of the work to which the license does not apply

Here the licensor should describe all of the elements of the work (as defined in the first step) to which the license does not apply, and thus are not available for use under the license terms. You may list reserved elements in the general notice, or you can describe and implement a marking procedure such as watermarking or text notices that you will use to denote those elements of the work that are not licensed. Licensors should inform users about any portions of the work to which the license cannot apply because the licensor does not have the necessary rights, and any places where the licensor has opted not to apply the license as a strategic matter.

3. Identify the rights licensed that you have in the work (as far as you know) and any rights that are not licensed because you do not have them.

When licensors are the owners of, or are authorized to exercise, all rights related to their creative works, including copyright and publicity/privacy rights, marking a work is not problematic. However, some licensors do not own all rights related to their works.
Copyright is a bundle of rights, such as the right to copy and the right to distribute, which are divisible and may be held by different parties. A licensor without all the rights should list those they have. For instance, a licensor who holds the performance rights to a recording of a song, but not the rights in the composition, should say so. Licensors should attempt to alert users of any rights held by others that may impact their ability to reuse the work.

4. Grant any additional permissions

Licensors can use notices to grant additional permissions beyond the license grant. For instance, a licensor who chooses a NoDerivatives or NonCommercial license can grant users permission to create derivatives or make commercial uses under specific conditions. Note that licensors can use notices to broaden the license grant and give additional permissions, but notices cannot restrict any permissions already granted by the CC license.

5. Convey any supplementary requests or information

Licensors should use notices to inform users about any additional requests or information. If you desire a particular attribution statement, for instance, you can request it here. You may also decide to include your contact information and anything else you would like to pass on to users.
Retrieved from "https://wiki.creativecommons.org/index.php?title=Marking/Creators/Marking_third_party_content&oldid=95661"

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#####EOF##### Jurisdiction Database - Creative Commons

Jurisdiction Database

From Creative Commons
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The Jurisdiction Database is a dynamic resource containing information for Affiliates, scholars and others interested in CC's international community.

Research

The Database contains the full text of the Unported and the jurisdiction-specific 3.0 licenses, which you can query by a range of variables. The license texts have been structured according to tags or keywords. Query one or more ported licenses (and Unported) for tagged license sections. Visit the Jurisdiction Database Research page for more information on using the data contained in this database. Please note that Creative Commons is not beginning any new ports in preparation for the upgrade to version 4.0.

Jurisdictions

The CC Affiliate Network consists of 100+ affiliates working in over 70 jurisdictions to support and promote CC activities around the world. Members of the Affiliate Network have formal agreements with Creative Commons. Enthusiasm for Creative Commons does not require a formal Affiliate Team. Creative Commoners around the world conduct events and share the news about CC without a formal relationship to Creative Commons. The flags below cover all jurisdictions included in the Jurisdiction Database, both members of the Affiliate Network and those who do not have formal agreements with CC. Click on the flags below to learn more about CC enthusiasts in these jurisdictions.

For more information on what it means to be a formal Affiliate, please see our Affiliates wiki page and our Introduction document.


Contributing to the Database

The Jurisdiction Database contains information on the Unported license and each Creative Commons affiliate jurisdiction (e.g. Germany, Estonia).

On these pages you have the opportunity to add or edit data about the jurisdiction, or data about the jurisdiction's 3.0 license porting process.

On each page, you can choose to edit the page directly as with a normal wiki page or edit via the "edit with form" link at the top of the page. This form will allow you to input information into labeled boxes and is suggested at least for edits to the sidebar.

The structure of pages follows this schema: <Jurisdiction>/3.0/<License>


Disclaimer

This website provides information about legal topics and information on Creative Commons licenses. It is based on the work of Creative Commons and our Creative Commons Affiliate Teams. Nothing on this website is intended to be used as legal advice. Creative Commons and Creative Commons Affiliate Teams are not law firms and do not provide legal services. Using the Websites or Services or sending us an email does not create an attorney-client relationship. Creative Commons and Creative Commons Affiliate Teams provide this information on an "as-is" basis. Creative Commons makes no warranties regarding any information provided on this website and disclaims liability for damages resulting from their use.

Retrieved from "https://wiki.creativecommons.org/index.php?title=Jurisdiction_Database&oldid=113933"

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#####EOF##### Creative Commons — Հղում - Õ°Õ¡Õ´Õ¡Õ¶Õ´Õ¡Õ¶ տարածում 3.0 Չտեղայնացված — CC BY-SA 3.0
Այս կայք էջը հասանելի է նաև հետևյալ լեզուներով՝ Languages
cc logo

Creative Commons License Deed

Հղում - համանման տարածում 3.0 Չտեղայնացված (CC BY-SA 3.0)

You are free to:

  • Adapt — remix, transform, and build upon the material
  • for any purpose, even commercially.
  • The licensor cannot revoke these freedoms as long as you follow the license terms.

Under the following terms:

  • Հղում — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.

  • Համանման տարածում — If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.

  • No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.

Notices:

  • You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.
  • No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
#####EOF##### Downloads - Creative Commons
Creative Commons > What we do > Downloads

Downloads

The following SVG, EPS, and PNG files should be used for print publications. Please see our policies page for more information about how our logos may be used. CC logos and trademarks should always be downloaded from this page to ensure high quality. Downloads from other sites may not conform to our standards and may result in improper display or use of our protected logos and trademarks.

The SVG and EPS vector files are recommended for use in print materials — The standard screen resolution files will appear blurry or jagged if used in print. There are links to large format, high quality PNG versions of each graphic for web, print, presentations, and video.

Logos

Logo set in Akzidenz Grotesk Bold. If unavailable, you may replace with Gothic 725 Black, Helvetica Bold, or Arial Bold.
svgepspng
svgepspng
svgepspng

Buttons

Some rights reservedSome Rights Reservedsvgepsgif
BYbysvg eps png
BY SAby-sasvg eps png
BY NDby-ndsvgepspng
BY NCby-ncsvgeps png
BY NC EUby-ncsvg eps png
BY NC SAby-nc-sasvgepspng
BY NC SA EUby-nc-sasvgeps png
BY NC ND by-nc-ndsvgeps png
BY NC ND EUby-nc-ndsvg eps png
CC0cc-zerosvgpng
Public Domain Markpublic domain marksvgpng
BY 80x15bysvgepspng
BY SA 80x15by-sasvgepspng
BY ND 80x15by-ndsvgepspng
BY NC 80x15by-ncsvgepspng
BY NC SA 80x15by-nc-sasvgepspng
BY NC ND 80x15by-nc-ndsvgepspng
CC0 80x15cc-zerosvgpng
Public Domain Mark 80x15Public Domain Marksvgpng

Icons

CC ccsvgepspng
BYbysvgepspng
NCnc"svgepspng
NC (EU)nc-eusvgepspng
NC (JP)ncjpsvgepspng
SAsasvgepspng
NDndsvgepspng
Public Domainpdsvgepspng
Zerozerosvgepspng
Sharesharesvgepspng
Remixsvgepspng
All iconsalliconssvgepspng

Physical Media

(all in PDF unless otherwise noted)

Six licenses for sharing your work – Simple, quick introduction to Creative Commons licenses. Also available as a folded brochure.

Guide to using public domain tools – Simple, quick introduction to Creative Commons’ public domain tools. Also available as a folded brochure.

Three Layers of License (png). Also available in greyscale. (copyright 2011, Creative Commons, Nathan Yergler, Alex Roberts. Licensed to the public under CC BY 3.0 Unported.)

What is Creative Commons? (Mirror on scribd.com) – Short introduction, designed for half-page double-sided printed flyers.

What is Creative Commons? (Mirror on scribd.com) – Full introduction designed for full page printouts.

What is Creative Commons? poster (Mirror on scribd.com) – Large format poster.

How To License poster (Mirror on scribd.com, Inkscape SVG source files) – Large format poster explaining our six licenses.

Licensing and Marking Your Content (pdf) (Mirror on scribd.com) – Full page printout with information about marking CC content.

Sharing Creative Works Comics (Mirror on scribd.com, Inkscape SVG source files) – A general introduction to copyright and CC licensing.

Encouraging the Ecology of Creativity (pdf) (Mirror on scribd.com) – A background on the history and ideology of Creative Commons.

Videos

Creative Commons Video Bumpers
We made these with graphic designer/illustrator Ryan Junell. Feel free to use them in your videos about Creative Commons, or to mark your videos with the CC license or public domain tool of your choice.

Color

Our print colors are as follows:

web
cmyk
rgb
PMS
#ABB3AC
c:7 m:0 y:5 k:28
r:171 g:179 b:172
5507C

Full color palette, and application swatch files.

*The building blocks icon used to represent “to remix” is derived from the FreeCulture.org logo. Thanks to FC.o, an international student movement for free culture!

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  59. Pingback: Dios salve a S.A.R. Don Juan Carlos y a S. M. Felipe VI (dicho por un republicano). Breve ensayo sobre la oportunidad histórica de la abdicación del soberano y sobre la soberanía en el contexto de la crisis española. | De la victimización a
  60. Pingback: Dios salve a S.A.R. Don Juan Carlos y a S. M. Felipe VI (dicho por un republicano). Breve ensayo sobre la oportunidad histórica de la abdicación del soberano y sobre la soberanía en el contexto de la crisis española. | De la victimización al "bl
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  63. Pingback: Dios salve a S.A.R. Don Juan Carlos y a S. M. Felipe VI (dicho por un republicano). Breve ensayo sobre la oportunidad histórica de la abdicación del soberano y sobre la soberanía en el contexto de la crisis española. | De la victimización a
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#####EOF##### Photography - Creative Commons

Photography

From Creative Commons
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The internet and technology have changed how people access images, and photographers are responding by employing new methods to reach audiences. These methods include personal websites, social media tools, photo-sharing platforms and communities, and tools such as Creative Commons licenses that enable easy sharing and reuse of creative works.

CC licenses are a flexible way to share images while building on the strong foundation of traditional copyright law. Simply put, Creative Commons licenses allow the shift from “all rights reserved” to “some rights reserved,” enabling you to share your images under terms of your own choosing. This gives you control over distribution, and the non-exclusivity of the licenses means you can retain all commercial rights if desired.

Photographers using CC licenses gain new audiences for their work on photo-sharing platforms like Flickr and communities like Wikipedia. Mohamed Nanabhay, Head of Online, Al Jazeera English, writes:

“When launching our [CC] repository, we had thought that it would be a key resource for anyone producing content on the war and that it would primarily be used by other news organisations and documentary filmmakers. What we saw was both surprising and delightful. Soon after posting our first video, Wikipedia editors had extracted images to enhance the encyclopedia entries on the War on Gaza. Soon thereafter educators, filmmakers, video game developers, aid agencies and music video producers all used and built upon our footage.”

Wikipedia is a heavily-trafficked website with over 400 million unique visitors a month. Flickr contains over 200 million CC-licensed photos, establishing it as the Web’s single largest source of CC-licensed content.

In 2008, DigitalPhotoPro published an article on the use of CC licenses by professional photographers with advice for those thinking of using CC themselves.

Photographers using CC licenses

Jonathan Worth

“Creative Commons enables me to use existing architecture really smoothly and to address the digital natives’ social media habits. The mode of information is the same, but the mode of distribution has changed. We don’t have all the answers, but CC lets me choose my flavor and helps me take advantage of the things working against me.”

British photographer Jonathan Worth’s work hangs in the National Portrait Gallery in London. He teaches photography at Coventry University in the U.K, and his course materials are released as open educational resources (OER) under CC BY-SA. He has photographed actors Colin Firth, Rachel Hunter, Jude Law and Heath Ledger. He is also one of an emerging group of photographers experimenting with sustainable working practices for professional image makers in the digital age. Jonathan Worth has been featured in:

  • The Telegraph - How the Power of Open can benefit photographers
  • BBC News - "Photographer Jonathan Worth explained that Creative Commons allowed him to sell his work for commercial use while still giving it free to individuals who wanted it for other reasons."
  • BBC News - "Photography and open education"
  • The Power of Open - Stories of creators sharing knowledge, art, & data using Creative Commons

Lan Bui

{{#show: Case_Studies/Lan_Bui|?Image Header|link=none}}

Lan Bui "makes media." From photography of tech celebrities (Veronica Belmont, Zadi Diaz, Casey McKinnon) and The Ninja to videos for professionals and events (Comic Con and Pixelodeon), Lan (with help from his brother Vu) makes them all from start to finish. Lan echoes the thoughts of other artists using Creative Commons; the idea that your work is, in a way, an advertisement for yourself and future work. Lan expresses this in this way: "I think that people pay me for my time and talent, not for the actual images I deliver."

MacArthur Fellows

Photos and video pertaining to the MacArthur Fellows by the MacArthur Foundation is licensed CC BY.

Monkeyc.net

{{#show: Case_Studies/Monkeyc.net|?Image Header|link=none}}

Monkeyc.net is the moniker of John Harvey, a Brisbane-based former photojournalist who licenses his Flickr photo stream under Creative Commons. John is an active member of the Flickr community, having first uploaded a photo on 26 September 2004 and now sporting a collection of close to 1,000 images, and encourages others to engage likewise. Several of John’s photographs have been featured on Flickr’s ‘Explore’ page, as an indication of their popularity in the Flickr community.

Vinoth Chandar

Vinoth Chandar is a professional photographer who releases many of his photographs under the Creative Commons Attribution licence, saying that "I use [the] Attribution Creative Commons licence for all my photos because I want everybody to use my photo and credit me ... This way, my photos reach every corner of the world without any effort from my side except taking the photos and uploading it to Flickr."[1]

One example he used of the exposure provided by free culture licensing was the use of one of his photos for the cover of a popular Italian magazine. "I am an Indian and how else in the world can an Indian photographer expect his photo to be published in an Italian magazine? CC licence made this possible."[2]

Enforceability of CC licenses in photography

CC licenses have been upheld in several court cases around the world. A few of these cases pertain specifically to CC-licensed images.

  • In Curry v. Audax, Adam Curry, a former MTV VJ and one of the pioneers of podcasting, published photos onto his Flickr account under a BY-NC-SA license. A Dutch tabloid reprinted four of the photos in a story about the Curry family's public persona verses real private life. Curry sued the tabloid for violating the portrait rights of his family and for copyright violation over the improper user of his Flickr photos. The Dutch court held that, in the future, the tabloid could not use any of the photos from Flickr in the future unless under the terms of the photos' CC license or with permission from Curry.
  • In Gerlach vs. DVU, Gerlach took a picture of the German politician Thilo Sarrazin at a public event and published it online under the Creative Commons license BY SA 3.0 Unported. Later the DVU, a German political party used the picture on their website without the plaintiff's name, the license notice or any other requirement of the license. The applicant sent a notice and takedown letter to which the party didn't react. Subsequently the applicant sought preliminary injunction before the Disctrict Court of Berlin against the unauthorized publication of the picture. The District Court of Berlin granted the injunction because the applicant had successfully established prima-facie evidence of authorship, of the licensing and of the breach of the license.
  • In Avi Re’uveni v. Mapa inc., plaintiffs uploaded photographs to Flickr and and offered them under a Creative Commons BY-NC-ND license. The defendant made a collage from the plaintiffs’ and other photographs and sold them without attribution. The court found the defendant guilty of copyright infringement. The defendant claimed ignorance of the copyright and license, but the court found that this did not matter.

Photo-sharing sites that have enabled CC licenses

Flickr

{{#show: Case_Studies/Flickr|?Image Header|link=none}}

Flickr was one of the first major online communities to incorporate Creative Commons licensing options into its user interface, giving photographers around the world the easy ability to share photos on terms of their choosing. As the Flickr community grew, so did the number of CC-licensed images — currently there are well over 200 million on the site — establishing Flickr as the Web’s single largest source of CC-licensed content.

DeviantART

{{#show: Case_Studies/DeviantART|?Image Header|link=none}}

deviantART is an online community dedicated to showcasing art as prints, videos and literature. CC license options are built into deviantArt's UI, allowing users to set the permissions they want their works to carry. Naturally, different users choose different options for their works, including All Rights Reserved.

Fotopedia

Fotopedia is a breathtaking application for the iPhone and iPad. The app builds on the concept of a coffee table book, updating and enhancing the browsing experience for the web. This project is possible thanks to Creative Commons, as over 18,000 of the pictures in Fotopedia Heritage book are under one of the CC licenses. The pictures come from all around the world; as individual photographers and organizations license their high quality photos under Creative Commons, the book will only grow as a community contributed and shareable resource.

National Library of Australia: 'Click and Flick'

{{#show: Case_Studies/National_Library_of_Australia_'Click_and_Flick'|?Image Header|link=none}}

'Click and Flick' is a National Library of Australia (NLA) initiative to open their online pictorial gateway, PictureAustralia, to contributions from the Australian public. PictureAustralia encourages people to make their material available on the archive under the CC licenses, as part of two dedicated Flickr image pools: ‘PictureAustralia: Ourtown’ and ‘PictureAustralia: People, Places and Events’.

Newsbank Image

{{#show: Case_Studies/Newsbank_Image|?Image Header|link=none}}

Newsbank Image is one of South Korea's largest and most comprehensive photo-archives. The photograph archive website provides images produced by Media companies, photographers as well as web-friendly versions containing watermarks, original images, all which maintain the marking of original creators. Users can choose to upload their photos under CC licenses.

Culture.si

{{#show: Case_Studies/Culture.si|?Image Header|link=none}}

A comprehensive online guide to Slovene culture, Culture.si covers contemporary art, culture, and heritage in Slovenia. Over 2,300 articles in English and the fastest growing independent free image bank (currently over 1,500 images) are offered for reuse under Creative Commons licenses.

How To Publish photos in an online community

One way to increase visibility and access to your photos is to share it with an existing community that has enabled CC licensing, making it easy for you to indicate the license along with other information, such as who to attribute. In addition, search engines like Google and Yahoo! will index your work as CC licensed if the metadata is properly attached. See Publish/Images for more info.

Finding CC-licensed photos

Thanks to the machine-readability of CC licenses, CC-licensed images can be found via:

  • Google Advanced Image Search by specifying options under "Usage Rights"
  • Yahoo! Advanced Image Search by specifying options under "Creative Commons License"
  • It appears that Yahoo Advanced Image Search no longer offers this option. Can anyone else confirm this?
  • Google Docs, where Google Image Search has been integrated
  • CC Search Portal, which is not a search engine, but a tool that offers convenient access to search services provided by independent organizations, such as Flickr, Google, and Wikimedia Commons (media repository for articles featured on Wikipedia).

Related resources

References

<references>

  1. ↑ http://www.wired.co.uk/news/archive/2011-12/16/creative-commons-gallery
  2. ↑ http://www.wired.co.uk/news/archive/2011-12/16/creative-commons-gallery
Retrieved from "https://wiki.creativecommons.org/index.php?title=Photography&oldid=101823"

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#####EOF##### Uncategorized Archives - Creative Commons
Creative Commons > Blog > Uncategorized

Uncategorized

Statement on the death of CC friend and colleague Bassel Khartabil

We are deeply saddened and completely outraged to learn today that our friend and colleague Bassel Khartabil has been executed by the Syrian regime. Bassel was Creative Commons’ Syrian project lead, an open source software programmer, teacher, Wikipedia contributor, and free culture advocate. He was also a devoted son and husband, and a great friend … Read More “Statement on the death of CC friend and colleague Bassel Khartabil”

Uncategorized

Wikipedia Says It’s Time for Fair Use in Australia

This week Wikipedia is urging users in Australia to tell their government representatives to champion fair use. The campaign, organised alongside Electronic Frontiers Australia and the Australian Digital Alliance, advocates for policy makers to update copyright law to include fair use, thus providing a progressive legal framework to support creators and remixers, educational activities, and … Read More “Wikipedia Says It’s Time for Fair Use in Australia”

Policy / advocacy / copyright reform
#####EOF##### Remix our new community video! - Creative Commons
Creative Commons > Use & remix > Remix our new community video!

Remix our new community video!

Share CC in your language and remix the 2017 Community Video. Following the steps in this guide is strongly encouraged to ensure international recognizability of the video.

Files needed
Download the remix package of a master file of the edited video without the the text xml file for Final Cut Pro. 

Font

The font used in this video is:
Family: Open Sans Bold- https://www.fontsquirrel.com/fonts/open-sans
Face/Color: Black – R 0%, G 0%, B0%
Size: see table on next page
Position: vertically and horizontally centered where possible
Alignment: centered

Translation

Prepare the translation for your video. The original video has been set up as several short sentences that have been divided in smaller parts:

We’re a global community of creators in every field. (:04-:06)
We’re makers, academics, artists, scientists, lawyers, and more. (:06-:12)
We work in more than 85 countries around the world to promote our shared values of openness and collaboration and to share our work and the works of others with the world. (:12-:26)
The commons are our shared heritage and we are committed to making it accessible to everyone. (:12-34)
Join us! creativecommons.org (:36-:38)
Support our work: donate.creativecommons.org (:38-:41)

Send your finished remixes to info@creativecommons.org with the subject line: Community Video Remix

Feel free to reach out on social media @creativecommons or Slack at slack-signup.creativecommons.org

#####EOF##### Case Law - Creative Commons

Case Law

From Creative Commons
Jump to: navigation, search

There is a a listing of court decisions that discuss or are directly relevant to Creative Commons licenses. The decisions can come from any jurisdiction around the world. It is a list of decisions, not cases.

Cases

09-1684-A_(Lichôdmapwa_v._L'asbl_Festival_de_Theatre_de_Spa) Belgium 2010/10/28
Äventyrsgruvan i Tuna Hästberg v. Gunnarsson Sweden 2016-02-25
Chang v. Virgin Mobile US (N.D. Tex.) 2009/01/16
Curry v. Audax Netherlands 2006/03/09
Drauglis v. Kappa Map Group, LLC US (D.C. D.C.) 2015/08/18 Atlas company's inclusion of a CC-BY-SA 2.0 photograph on the cover of an atlas did not violate the CC license. The atlas was a compilation not a derivative work, so did not need to be licensed under the SA term, and attribution on back cover was appropriate under the BY term.
Gerlach vs. DVU Germany 2010/10/08
Internet Brands v. Holliday US (C.D. Cal. 2012/11/19) Litigation involving ownership of wiki material contributed by a broad community and licensed under CC BY-SA. At no point in either case was the validity of the CC license contested.
Jacobsen v. Katzer US (Fed. Cir.) 2010/02/22
No. 71036 N. v. Newspaper Israel 2011/09/27 Photographer who used BY-SA licenses on his photographs had some photographs used in a Newspaper. The newspaper did not provide proper attribution. The newspaper had also used Wikipedia text without proper attribution.
SGAE v. Fernandez Spain 2006/02/17
SGAE v. Luis Spain 2005/11/29
Spirit Germany 2016/11/18 German court required removal of hyperlink to CC-licensed image used in violation of license terms. Note: the parties names are redacted in the published decision. The case number is ref. 310 O 402/16.
TA 3560/09, 3561/09, Avi Re'uveni v. Mapa inc. ישראל: לראשונה, ביהמ"ש אכף רישיון קריאייטיב קומונס Israel

To add a new court decision to the list, create a new page here on the wiki and add a copy of the Case Law template and edit it to contain details of the case. Then add a link to the case to the list above.

If you are unfamiliar with creating pages, instructions are available There are also comprehensive guides and quick start instructions for working with wiki templates. If you are unfamiliar with creating Wiki tables, instructions are available for this as well.

For cases taking place across multiple courts, add separate pages for each decision.

Retrieved from "https://wiki.creativecommons.org/index.php?title=Case_Law&oldid=116375"

Navigation menu

#####EOF##### Share your work - Creative Commons
Creative Commons > Share your work

Share your work

Use Creative Commons tools to help share your work. Our free, easy-to-use copyright licenses provide a simple, standardized way to give your permission to share and use your creative work— on conditions of your choice. You can adopt one of our licenses by sharing on a platform, or choosing a license below.

Choose a license

This chooser helps you determine which Creative Commons License is right for you in a few easy steps. If you are new to Creative Commons, you may also want to read Licensing Considerations before you get started.

Get Started

 

Share your work on a Creative Commons platform

We work with platforms like Wikipedia, Flickr, and Vimeo to provide their users with the option of licensing works with CC licenses. Through these platforms, over 1.4 billion works have been shared and counting!

  • flickr
  • bandcamp
  • wikipedia
  • youtube
  • 500
  • internet_archive
  • vimeo
  • wikimedia
  • fma
  • skills_commons
  • europeana
  • tribe_of_noise
  • jamendo
  • MIT
  • PLOS

What our licenses do

Our licenses enable collaboration, growth, and generosity in a variety of media.

#####EOF##### Program areas - Creative Commons
#####EOF##### Frequently Asked Questions - Creative Commons
English | Français

Frequently Asked Questions

2019-04-02 14:07:11 UTC

These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information.

  • Other CC FAQs: CC0 Public Domain Dedication and Public Domain Mark.
  • “Licensor”, “rights holder”, “owner”, and “creator” may be used interchangeably to refer to the person or entity applying a CC license.
  • Information about the licenses is primarily made with reference to the 4.0 suite, but earlier license versions are mentioned where they differ.
  • Have a question that isn’t answered here? Contact info@creativecommons.org.

Creative Commons does not provide legal advice. This FAQ is for informational purposes and is not a substitute for legal advice. It may not cover important issues that affect you. You should consult with your own lawyer if you have questions.

About CC

What is Creative Commons and what do you do?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. Our legal tools help those who want to encourage reuse of their works by offering them for use under generous, standardized terms; those who want to make creative uses of works; and those who want to benefit from this symbiosis. Our vision is to help others realize the full potential of the internet. CC has affiliates all over the world who help ensure our licenses work internationally and who raise awareness of our work.

Although Creative Commons is best known for its licenses, our work extends beyond just providing copyright licenses. CC offers other legal and technical tools that also facilitate sharing and discovery of creative works, such as CC0, a public domain dedication for rights holders who wish to put their work into the public domain before the expiration of copyright, and the Public Domain Mark, a tool for marking a work that is in the worldwide public domain. Creative Commons licenses and tools were designed specifically to work with the web, which makes content that is offered under their terms easy to search for, discover, and use.

For more information about CC, our main website contains in-depth information about the organization, its staff and board of directors, its history, and its supporters. You can also read CC case studies to learn about some of the inspiring ways CC licenses and tools have been used to share works and support innovative business models. You can find regularly updated information about CC by visiting the blog.

Absolutely not. CC has responded to claims to the contrary. CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

That said, Creative Commons recognizes the need for change in copyright law, and many members of the Creative Commons community are active participants in the copyright reform movement. For more information, see our statement in support of copyright reform.

What does “Some Rights Reserved” mean?

Copyright grants to creators a bundle of exclusive rights over their creative works, which generally include, at a minimum, the right to reproduce, distribute, display, and make adaptations. The phrase “All Rights Reserved” is often used by owners to indicate that they reserve all of the rights granted to them under the law. When copyright expires, the work enters the public domain, and the rights holder can no longer stop others from engaging in those activities under copyright, with the exception of moral rights reserved to creators in some jurisdictions. Creative Commons licenses offer creators a spectrum of choices between retaining all rights and relinquishing all rights (public domain), an approach we call “Some Rights Reserved.”

No. Creative Commons is not a law firm and does not provide legal advice or legal services. CC is similar to a self-help service that offers free, form-based legal documents for others to use. These FAQ answers many of the most common questions. There is also specialized information available on the following pages:

While CC does provide this informational guidance about its licenses and other tools, this information may not apply to your particular situation, and should never be taken as legal advice.

If you’re looking for legal advice about using CC licenses and other tools, we recommend contacting the Creative Commons affiliate in your jurisdiction. CC affiliates are highly connected to the communities of copyright lawyers in their countries. We also offer a list of lawyers and organizations who have identified themselves as willing to provide information to others about CC licensing issues. However, please note that CC does not provide referral services, and does not endorse or recommend any person on that list.

Does Creative Commons collect or track material licensed under a CC license?

No, CC does not collect content or track licensed material. However, CC builds technical tools that help the public search for and use works licensed under our licenses and other legal tools, and many others have built such tools as well. CC Search is one tool developed by CC to help the public discover works offered under Creative Commons licenses on the internet via CC-aware search engines and repositories.

What do the Creative Commons buttons do?

The CC buttons are a shorthand way to convey the basic permissions associated with material offered under CC licenses. Creators and owners who apply CC licenses to their material can download and apply those buttons to communicate to users the permissions granted in advance. When the material is offered online, the buttons should usually link out to the human-readable license deeds (which, in turn, link to the license itself).

May I use the Creative Commons logo and buttons?

You may download high resolution versions of the Creative Commons logos and use them in connection with your work or your website, provided you comply with our policies. Among other things, if you use the logos on a website or on your work, you may not alter the logos in any respect—such as by changing the font, the proportions, or the colors. CC’s buttons, name, and corporate logo (the “CC” in a circle) are trademarks of Creative Commons. You cannot use them in ways not permitted by our policies unless you first receive express, written permission. This means, for example, that you cannot (without our permission) print your own buttons and t-shirts using CC logos, although you can purchase them in CC’s store.

I love Creative Commons. How can I help?

Please support CC by making a donation through our support page. Donations can be handled through PayPal or by credit card. You can also support CC by visiting our store.

CC always welcomes your feedback, which you can provide by emailing . You can also participate in CC’s email discussion lists and share feedback and ideas in one of those forums.

If you are a software developer, sysadmin, or have other technical expertise, please join our developer community and help build the tools that build the commons.

Finally, one of the best ways to support CC is by supporting our causes yourself. Follow our blog to find out about current issues where you can help get involved and spread the word, and advocate for free and open licensing in your own communities.

Why does Creative Commons run an annual fundraising campaign? What is the money used for and where does it go?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, with affiliates all over the world who help ensure our licenses work internationally and raise awareness about our work. Our tools are free, and our reach is wide.

In order to…

  • continue developing our licenses and public domain tools to make sure they are legally and technically up-to-date around the world,
  • help creators implement these tools on websites through best practices and individual assistance,
  • enable CC licensing on major content-sharing platforms,
  • enhance CC-licensed resource search and discovery,
  • advocate for CC licensing and open policies in education, science, and culture, and
  • myriad other activities we’re forgetting to mention, such as all the everyday boring but essential operations that go into running an organization

…we need $ to make it all happen! For more information, please take a look at our Annual Report.

Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. It is essential we have the public’s support because it is the creators and users of CC material who make our tools relevant in this digital age. They depend on the tools and services CC provides through their reuse and remix of the rich, open resources available on Wikipedia, Flickr, SoundCloud, Vimeo, Europeana, MIT OpenCourseWare, the Library of Science, Al Jazeera, and YouTube—just to name a few. Many of these people donate $10, $25, or $50 to CC, to help keep it up and running so we can continue to provide our tools and services for free, as a nonprofit organization. The more people who donate to CC, the more independent it will remain.

General License Information

What are Creative Commons licenses?

Creative Commons licenses provide an easy way to manage the copyright terms that attach automatically to all creative material under copyright. Our licenses allow that material to be shared and reused under terms that are flexible and legally sound. Creative Commons offers a core suite of six copyright licenses. Because there is no single “Creative Commons license,” it is important to identify which of the six licenses you are applying to your material, which of the six licenses has been applied to material that you intend to use, and in both cases the specific version.

All of our licenses require that users provide attribution (BY) to the creator when the material is used and shared. Some licensors choose the BY license, which requires attribution to the creator as the only condition to reuse of the material. The other five licenses combine BY with one or more of three additional license elements: NonCommercial (NC), which prohibits commercial use of the material; NoDerivatives (ND), which prohibits the sharing of adaptations of the material; and ShareAlike (SA), which requires adaptations of the material be released under the same license.

CC licenses may be applied to any type of work, including educational resources, music, photographs, databases, government and public sector information, and many other types of material. The only categories of works for which CC does not recommend its licenses are computer software and hardware. You should also not apply Creative Commons licenses to works that are no longer protected by copyright or are otherwise in the public domain. Instead, for those works in the worldwide public domain, we recommend that you mark them with the Public Domain Mark.

How do CC licenses operate?

CC licenses are operative only when applied to material in which a copyright exists, and even then only when a particular use would otherwise not be permitted by copyright. Note that the latest version of CC licenses also applies to rights similar to copyright, such as neighboring rights and sui generis database rights. Learn more about the scope of the licenses. This means that CC license terms and conditions are not triggered by uses permitted under any applicable exceptions and limitations to copyright, nor do license terms and conditions apply to elements of a licensed work that are in the public domain. This also means that CC licenses do not contractually impose restrictions on uses of a work where there is no underlying copyright. This feature (and others) distinguish CC licenses from some other open licenses like the ODbL and ODC-BY, both of which are intended to impose contractual conditions and restrictions on the reuse of databases in jurisdictions where there is no underlying copyright or sui generis database right.

All CC licenses are non-exclusive: creators and owners can enter into additional, different licensing arrangements for the same material at any time (often referred to as “dual-licensing” or “multi-licensing”). However, CC licenses are not revocable once granted unless there has been a breach, and even then the license is terminated only for the breaching licensee.

There are also videos and comics that offer visual descriptions of how CC licenses work.

Which is the latest version of the licenses offered by Creative Commons?

In November 2013, Creative Commons published the version 4.0 license suite. These licenses are the most up-to-date licenses offered by CC, and are recommended over all prior versions. You can see how the licenses have been improved over time on the license versions page. 4.0 has been drafted to be internationally valid, and will have official translations becoming available after publication.

No. By design, CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions. This is a fundamental principle of CC licensing.

Who gives permission to use material offered under Creative Commons licenses?

Our licenses and legal tools are intended for use by anyone who holds copyright in the material. This is often, but not always, the creator.

Creative Commons offers licenses and tools to the public free of charge and does not require that creators or other rights holders register with CC in order to apply a CC license to a work. This means that CC does not have special knowledge of who uses the licenses and for what purposes, nor does CC have a way to contact creators beyond means generally available to the public. CC has no authority to grant permission on behalf of those persons, nor does CC manage those rights on behalf of others.

If you would like to obtain additional permissions to use the work beyond those granted by the license that has been applied, or if you’re not sure if your intended use is permitted by the license, you should contact the rights holder.

Are Creative Commons licenses enforceable in a court of law?

Creative Commons licenses are drafted to be enforceable around the world, and have been enforced in court in various jurisdictions. To CC’s knowledge, the licenses have never been held unenforceable or invalid.

CC licenses contain a “severability” clause. This allows a court to eliminate any provision determined to be unenforceable, and enforce the remaining provisions of the license.

What happens if someone applies a Creative Commons license to my work without my knowledge or authorization?

CC alerts prospective licensors they need to have all necessary rights before applying a CC license to a work. If that is not the case and someone has marked your work with a CC license without your authorization, you should contact that person and tell them to remove the license from your work. You may also wish to contact a lawyer. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What are the international (“unported”) Creative Commons licenses, and why does CC offer “ported” licenses?

One of CC’s goals is ensuring that all of its legal tools work globally, so that anyone anywhere in the world can share their work on globally standard terms. To this end, CC offers a core suite of six international copyright licenses (formerly called the “unported”) that are drafted based largely on various international treaties governing copyright, taking into account as many jurisdiction-specific legal issues as possible. The latest version (4.0) has been drafted with particular attention to the needs of international enforceability.

For version 3.0 and earlier, Creative Commons has also offered ported versions of its six core licenses for many jurisdictions (which usually correspond to countries, but not always). These ported licenses are based on the international license suite but have been modified to reflect local nuances in the expression of legal terms and conditions, drafting protocols, and language. The ported licenses and the international licenses are all intended to be legally effective everywhere. CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

Can governments and intergovernmental organizations (“IGOs”) use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors’ overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the “machine readable” layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]”; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you’re uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC’s Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC’s legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC’s Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and running pilot programs that allow creators to use CC licenses in some circumstances.

If you are already a member of a collecting society and want to use CC licenses, you are welcome to encourage your collecting society to give you the option of Creative Commons licensing.

Can I still make money from a work I make available under a Creative Commons license?

Yes. One of our goals is to encourage creators and rights holders to experiment with new ways to promote and market their work. There are several possible ways of doing this.

CC’s NonCommercial (NC) licenses allow rights holders to maximize distribution while maintaining control of the commercialization of their works. If you want to reserve the right to commercialize your work, you may do this by choosing a license with the NC condition. If someone else wants to use your work commercially and you have applied an NC license to your work, they must first get your permission. As the rights holder, you may still sell your own work commercially.

You may also use funding models that do not depend on using an NC license. For example, many artists and creators use crowdfunding to fund their work before releasing it under a less restrictive license. Others use a “freemium” model where the basic content is free, but extras such as a physical printed version or special access to a members-only website are for paying customers only.

For more information and ideas, The Power of Open presents case studies of artists, businesspeople, and organizations who use CC.

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

No. CC licenses allow for flexibility in the way credit is provided depending on the medium, means, and context in which a licensee is redistributing licensed material. For example, providing attribution to the creator when using licensed material in a blog post may be different than doing so in a video remix. This flexibility facilitates compliance by licensees and reduces uncertainty about different types of reuse—minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded.

Can I change the license terms or conditions?

Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons” or “CC” license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials. Keep in mind that altering terms and conditions is distinct from waiving existing conditions or granting additional permissions than those in the licenses. Licensors may always do so, and many choose to do so using the CC+ protocol to readily signal the waiver or additional permission on the CC license deed.

CC does not assert copyright in the text of its licenses, so you are permitted to modify the text as long as you do not use the CC marks to describe it. However, we do not recommend this. We also advise against modifying our licenses through indirect means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other material. This would prevent licensees from using, combining, or remixing content under your customized license with other content under the same or compatible CC licenses.

Modifying licenses creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.

Can I waive license terms or conditions?

Yes. You may always choose to waive some license terms or conditions. Material licensed under a CC license but with additional permissions granted or conditions waived may be compatibly licensed with other material under the same license. Our CC+ protocol provides a mechanism for facilitating that grant or waiver.

Can I enter into separate or supplemental agreements with users of my work?

Yes. CC licenses are nonexclusive. Licensors always have the option of entering into separate arrangements for the sharing of their material in addition to applying a CC license. However, those different arrangements are not “CC” or “Creative Commons” licenses.

Separate agreements: You may offer the licensed material under other licenses in addition to the CC license (a practice commonly referred to as “dual licensing”). For example, you may wish to license a video game soundtrack under both a CC license and the GPL, so that it may be used under either set of terms. A reuser may then choose which set of terms to comply with. Or, for example, you may offer your material to the public under a NonCommercial license, but offer commercial permissions to fee-paying customers.

Supplemental agreements: Problems arise when licensors design those terms or arrangements to serve not as separate, alternative licensing arrangements but as supplemental terms having the effect of changing the standard terms within the CC license. While you may offer separate terms and conditions to other parties, you should not do so in such a way that would neutralize terms of the CC license.

Except in the limited situation where more permissions are being granted or license conditions are waived, if the additional arrangement modifies or conflicts with the CC license terms, then the resulting licensing arrangement is no longer a CC licensing arrangement. To avoid confusing those who may mistakenly believe the work is licensed under standard CC terms, we must insist that in these instances licensors not use our trademarks, names, and logos in connection with their custom licensing arrangement.

It should be noted that any agreements you make with other parties only have an effect on the other parties to that agreement, and do not apply to anyone else receiving the licensed material. For example, if there are terms of use that apply to visitors to your website on which you host CC-licensed material, your terms of use may apply to visitors to that website, but not to anyone who receives copies of the CC-licensed material elsewhere. Even for the visitors to your website, any separate terms and conditions do not become part of the license—they remain a separate contractual agreement, and violation of this agreement does not constitute copyright infringement.

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

A CC license terminates automatically when its conditions are violated. For example, if a reuser of CC-licensed material does not provide the attribution required when sharing the work, then the user no longer has the right to continue using the material and may be liable for copyright infringement. The license is terminated for the user who violated the license. However, all other users still have a valid license, so long as they are in compliance.

Under the 4.0 licenses, a licensee automatically gets these rights back if she fixes the violation within 30 days of discovering it.

If you apply a Creative Commons license and a user violates the license conditions, you may opt to contact the person directly to ask them to rectify the situation or consult a lawyer to act on your behalf. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

As long as users abide by license terms and conditions, licensors cannot control how the material is used. However, CC licenses do provide several mechanisms that allow licensors to choose not to be associated with their material or to uses of their material with which they disagree.

First, all CC licenses prohibit using the attribution requirement to suggest that the licensor endorses or supports a particular use. Second, licensors may waive the attribution requirement, choosing not to be identified as the licensor, if they wish. Third, if the licensor does not like how the material has been modified or used, CC licenses require that the licensee remove the attribution information upon request. (In 3.0 and earlier, this is only a requirement for adaptations and collections; in 4.0, this also applies to the unmodified work.) Finally, anyone modifying licensed material must indicate that the original has been modified. This ensures that changes made to the original material–whether or not the licensor approves of them–are not attributed back to the licensor.

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

The use of any effective technical protection measures (such as digital rights management or “DRM”) by licensees to prevent others from exercising the licensed rights is prohibited.

Not all kinds of encryption or access limitations are prohibited by the licenses. For example, sending content via email and encrypting it with the recipient’s public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a particular set of users (for example, by requiring a username and password to enter a site) does not restrict further use of the content by the recipients. In these examples, these things do not prevent the recipient from exercising all of the rights granted by the license, including the right to redistribute it further.

If someone is applying effective technological measures to your CC-licensed material that do restrict exercise of the licensed rights (such as applying DRM that restricts copying), this is a violation of the license terms unless you have chosen to grant this permission separately.

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

No. CC licenses grant permission to use the licensed material in any media or format regardless of the format in which it has been made available. This is true even if you have applied a NoDerivatives license to your work. Once a CC license is applied to a work in one format or medium, a licensee may use the same work in any other format or medium without violating the licensor’s copyright.

What if I change my mind about using a CC license?

CC licenses are not revocable. Once something has been published under a CC license, licensees may continue using it according to the license terms for the duration of applicable copyright and similar rights. As a licensor, you may stop distributing under the CC license at any time, but anyone who has access to a copy of the material may continue to redistribute it under the CC license terms. While you cannot revoke the license, CC licenses do provide a mechanism for licensors to ask that others using their material remove the attribution information. You should think carefully before choosing a Creative Commons license.

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

CC offers six core licenses, each of which grants a different set of permissions. Before you use CC-licensed material, you should review the terms of the particular license to be sure your anticipated use is permitted. If you wish to use the work in a manner that is not permitted by the license, you should contact the rights holder (often the creator) to get permission first, or look for an alternative work that is licensed in a way that permits your anticipated use. Note that if you use material in a way that is not permitted by the applicable license and your use is not otherwise permitted by an applicable copyright exception or limitation, the license is automatically terminated and you may be liable for copyright infringement, even if you are eligible to have your rights reinstated later.

Before using material offered under a Creative Commons license, you should know that CC licenses only grant permissions needed under copyright and similar rights, and there may be additional rights you need to use it as intended. You should also understand that licensors do not offer warranties or guarantees about the material they are licensing unless expressly indicated otherwise. All materials are licensed “AS IS” and a disclaimer of warranties applies unless expressly provided otherwise. If you want to ask for a warranty or guarantee about rights to use the material, you should talk with the licensor before using it.

Does a Creative Commons license give me all the rights I need to use the work?

It depends. CC licenses do not license rights other than copyright and similar rights (which include sui generis database rights in version 4.0). For example, they do not license trademark or patent rights, or the publicity, personality, and privacy rights of third parties. However, licensors agree to waive or not assert any moral rights, publicity rights, personality rights, or privacy rights they themselves hold, to the limited extent necessary to allow exercise of the licensed rights. Any rights outside of the scope of the license may require clearance (i.e., permission) in order to use the work as you would like.

Additionally, creative works sometimes incorporate works owned by others (known as “third party content”), often used pursuant to a CC license or under an exception or limitation to copyright such as fair use in the U.S. You should make sure you have permission to use any third party content contained in the work you want to use, or that your use is otherwise allowed under the laws of your jurisdiction, particularly in cases such as fair use where your right to use the content depends on the particular context in which you plan to use it.

All CC licenses contain a disclaimer of warranties, meaning that the licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work. You may wish to obtain legal advice before using CC-licensed material if you are not sure whether you have all the rights you need.

What if there are sui generis database rights that apply to my use of a CC-licensed database?

In the somewhat limited circumstances where sui generis database rights apply to your use, special conditions apply and there are more specific considerations you should be aware of. Under 4.0, sui generis database rights are licensed alongside copyright, but the treatment in earlier versions of the license varies. A fuller explanation of these variations and related considerations is available in the Data FAQ.

Where can I find material offered under a CC license?

If you are looking for material offered under a Creative Commons license, CC Search is a good starting point. There is also a directory of organizations and individuals who use CC licenses. Some media sites, such as Flickr, have search filters for material licensed using CC’s licenses.

Be sure to confirm that the material you want to use is actually under a CC license, as search results may sometimes be misleading.

Are Creative Commons works really free to use?

Yes. While many if not most CC-licensed works are available at no cost, some licensors charge for initial access to CC-licensed works—for example, by publishing CC-licensed content only to subscribers, or by charging for downloads. However, even if you have paid an access charge, once you have a copy of CC-licensed material, you may make any further uses permitted by the license without paying licensing fees.

(If you wish to make uses that are not permitted by the license—for example, making a commercial use of an NC-licensed photo—the licensor may charge for those additional rights.)

What should I know about differences between the international licenses and the ported licenses?

As a licensee, you should always read and understand the relevant license’s legal code before using CC-licensed material, particularly if you are using material that is licensed using a ported license with which you are unfamiliar. Our porting process involved adapting the international licenses to the legal framework of different jurisdictions, and in that process slight adjustments may have been made that you should make yourself aware of in advance of using the material. You can find more information about the ported licenses in the Jurisdiction Database.

There are currently no ported versions of 4.0, and we expect there will be few, if any, in the future. All official translations of the 4.0 international licenses are equivalent: you may substitute one for another depending on your preferred language.

However, the ported versions of 3.0 and earlier sometimes contain small differences from the international license depending on the ways in which they have been adapted to their jurisdictions. For example, a handful of the ported licenses contain provisions specifying which laws will apply in the event the licensor chooses to enforce the license, and a few of the ported licenses contain forum selection clauses.

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Contact the rights holders to ask for permission. Otherwise, unless an exception or limitation to copyright applies, your use of the material may violate the Creative Commons license. If you violate the terms of the license, your rights to use the material will be automatically terminated, and you may be liable for copyright infringement.

Do I always have to comply with the license terms? If not, what are the exceptions?

You need to comply with the license terms if what you are doing would otherwise require permission from the rights holder. If your use would not require permission from the rights holder because it falls under an exception or limitation, such as fair use, or because the material has come into the public domain, the license does not apply, and you do not need to comply with its terms and conditions. Additionally, if you are using an excerpt small enough to be uncopyrightable, the license does not apply to your use, and you do not need to comply with its terms.

However, if you are using excerpts of CC-licensed material which individually are minimal and do not require license compliance, but together make up a significant copyrightable chunk, you must comply with the license terms. For example, if you quote many individual lines from a poem across several sections of a blog post, and your use is not a fair use, you must comply with the license even though no individual line would have been a substantial enough portion of the work to require this.

Attribution

How do I properly attribute material offered under a Creative Commons license?

All CC licenses require users to attribute the creator of licensed material, unless the creator has waived that requirement, not supplied a name, or asked that her name be removed. Additionally, you must retain a copyright notice, a link to the license (or to the deed), a license notice, a notice about the disclaimer of warranties, and a URI if reasonable. For versions prior to 4.0, you must also provide the title of the work. (Though it is not a requirement in 4.0, it is still recommended if one is supplied.)

You must also indicate if you have modified the work—for example, if you have taken an excerpt, or cropped a photo. (For versions prior to 4.0, this is only required if you have created an adaptation by contributing your own creative material, but it is recommended even when not required.) It is not necessary to note trivial alterations, such as correcting a typo or changing a font size. Finally, you must retain an indication of previous modifications to the work.

CC licenses have a flexible attribution requirement, so there is not necessarily one correct way to provide attribution. The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner. Additionally, you may satisfy the attribution requirement by providing a link to a place where the attribution information may be found.

While the attribution requirements in the license are the minimum requirement, we always recommend that you follow the best practices for the kind of use you are making. For example, if you are using scientific data marked with CC0, you are not required to give attribution at all, but we recommend that you give the same credit you would give to any other source—not because the license requires it, but because that is the standard for letting others know the source of the data.

The CC website offers some best practices to help you attribute properly, and the CC Australia team has developed a helpful guide to attributing CC-licensed material (.pdf) in different formats. Note that the attribution and marking requirements vary slightly among license versions. See here for a chart comparing the specific requirements.

Do I need to be aware of anything else when providing attribution?

Yes. You need to be careful not to imply any sponsorship, endorsement, or connection with the licensor or attribution party without their permission. Wrongfully implying that a creator, publisher, or anyone else endorses you or your use of a work may be unlawful. Creative Commons makes the obligation not to imply endorsement explicit in its licenses. In addition, if the licensor of a work requests that you remove the identifying credit, you must do so to the extent practical.

Additionally, when you are using a work that is an adaptation of one or more pre-existing works, you may need to give credit to the creator(s) of the pre-existing work(s), in addition to giving credit to the creator of the adaptation.

Do I always have to attribute the creator of the licensed material?

You must attribute the creator when you provide material to the public by any means that is restricted by copyright or similar rights. If you are using the material personally but are not making it or any adaptations of it available to others, you do not have to attribute the licensor. Similarly, if you are only distributing the material or adaptations of it within your company or organization, you do not have to comply with the attribution requirement. Learn more about when compliance with the license is not required.

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such.

Can I take a CC-licensed work and use it in a different format?

Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.

This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work.

How do I know if a low-resolution photo and a high-resolution photo are the same work?

As with most copyright questions, it will depend on applicable law. Generally, to be different works under copyright law, there must be expressive or original choices made that make one work a separate and distinct work from another. The determination depends on the standards for copyright in the relevant jurisdiction.

Under U.S. copyright law, for example, mechanical reproduction of a work into a different format is unlikely to create a separate, new work. Consequently, digitally enhancing or changing the format of a work absent some originality, such as expressive choices made in the enhancement or encoding, will not likely create a separate work for copyright purposes. The creative bar is low, but it is not non-existent. Accordingly, in some jurisdictions releasing a photograph under a CC license will give the public permission to reuse the photograph in a different resolution.

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

The NoDerivs licenses (BY-ND and BY-NC-ND) prohibit reusers from creating adaptations. What constitutes an adaptation, otherwise known as a derivative work, varies slightly based on the law of the relevant jurisdiction.

Incorporating an unaltered excerpt from an ND-licensed work into a larger work only creates an adaptation if the larger work can be said to be built upon and derived from the work from which the excerpt was taken. Generally, no derivative work is made of the original from which the excerpt was taken when the excerpt is used to illuminate an idea or provide an example in another larger work. Instead, only the reproduction right of the original copyright holder is being exercised by person reusing the excerpt. All CC licenses grant the right to reproduce a CC-licensed work for noncommercial purposes (at a minimum). For example, a person could make copies of one chapter of an ND-licensed book and not be in violation of the license so long as other conditions of the license are met.

There are exceptions to that general rule, however, when the excerpts are combined with other material in a way that creates some new version of the original from which the excerpt is taken. For example, if a portion of a song was used as part of a new song, that may rise to the level of creating an adaptation of the original song, even though only a portion of it was used and even if that portion was used as-is.

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

No. When you receive material under a Creative Commons license, you may not place additional terms and conditions on the reuse of the work. This includes using effective technological measures (ETMs) that would restrict a licensee’s ability to exercise the licensed rights.

A technological measure is considered an ETM if circumventing it carries penalties under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements. Generally, this means that the anti-circumvention laws of various jurisdictions would cover attempts to break it.

For example, if you remix a CC-licensed song, and you wish to share it on a music site that places digital copy-restriction on all uploaded files, you may not do this without express permission from the licensor. However, if you upload that same file to your own site or any other site that does not apply DRM to the file, and a listener chooses to stream it through an app that applies DRM, you have not violated the license.

Note that merely converting material into a different format that is difficult to access or is only available for certain platforms does not violate the restriction; you may do this without violating the license terms.

Can I share CC-licensed material on password-protected sites?

Yes. This is not considered to be a prohibited measure, so long as the protection is merely limiting who may access the content, and does not restrict the authorized recipients from exercising the licensed rights. For example, you may post material under any CC license on a site restricted to members of a certain school, or to paying customers, but you may not place effective technological measures (including DRM) on the files that prevents them from sharing the material elsewhere.

(Note that charging for access may not be permitted with NC-licensed material; however, it is not disallowed by the restriction on ETMs.)

Can I share CC-licensed material on file-sharing networks?

Yes. All CC licenses allow redistribution of the unmodified material by any means, including distribution via file-sharing networks. Note that file-trading is expressly considered to be noncommercial for purposes of compliance with the NC licenses. Barter of NC-licensed material for other items of value is not permitted.

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

If you have received material under a CC license that is encumbered with effective technological measures (such as digital rights management or DRM), you may or may not be permitted to break it, depending on the circumstances. By releasing material under a CC license, the licensor agrees not to assert any rights she may have to prevent the circumvention of effective technological measures. (Under the 3.0 and earlier licenses, this is implied but not explicit.) However, if she has uploaded it to a site or other distribution channel that itself applies such measures, that site may have the right to prevent you from breaking them, even though the licensor herself cannot do so.

Note that anti-circumvention laws can impose criminal liability in some jurisdictions.

What if I have received CC-licensed material with additional restrictions?

It is possible that CC-licensed material will appear on platforms that impose terms in addition to the copyright license (though Creative Commons strongly discourages restrictions that interfere with exercise of the licensed rights). These additional terms do not form part of the license for the work. For example, if you download CC-licensed material from a site that does not permit downloading, you may be breaking the terms of use of the site, but you are not infringing the CC license. See our guide to Modifying the CC licenses for more guidance and information.

Combining and adapting CC material

When is my use considered an adaptation?

Whether a modification of licensed material is considered an adaptation for the purpose of CC licenses depends primarily on the applicable copyright law. Copyright law reserves to an original creator the right to create adaptations of the original work. CC licenses that allow for adaptations to be shared—all except BY-ND and BY-NC-ND—grant permission to others to create and redistribute adaptations when doing so would otherwise constitute a violation of applicable copyright law. Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable, such as a translation of a novel from one language to another, or the creation of a screenplay based on a novel.

Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation, whether or not it would be considered so under applicable law. Also, under version 4.0, certain uses of databases restricted by sui generis database rights also constitute adaptations (called “Adapted Material” in the 4.0 licenses), whether or not they would be considered adaptations under copyright law. For more details about adaptations in the database context, see the Data FAQ.

Note that all CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license.

Note on terminology: throughout these FAQs, we use the term “remix” interchangeably with “adapt.” Both are designed to mean doing something that constitutes an adaptation under copyright law.

Can I combine material under different Creative Commons licenses in my work?

It depends. The first question to ask is whether doing so constitutes an adaptation. If the combination does not create an adaptation, then you may combine any CC-licensed content so long as you provide attribution and comply with the NonCommercial restriction if it applies. If you want to combine material in a way that results in the creation of an adaptation (i.e. a “remix”), then you must pay attention to the particular license that applies to the content you want to combine.

The NoDerivatives licenses do not permit remixing except for private use (the pre-4.0 licenses do not permit remixing at all, except as allowed by exceptions and limitations to copyright). All the other CC licenses allow remixes, but may impose limitations or conditions on how the remix may be used. For example, if you create a remix with material licensed under a ShareAlike license, you need to make sure that all of the material contributed to the remix is licensed under the same license or one that CC has named as compatible, and you must properly credit all of the sources with the required attribution and license information. Similarly, if you want to use a remix for commercial purposes, you cannot incorporate material released under one of the NonCommercial licenses.

The chart below shows which CC-licensed material can be remixed. To use the chart, find a license on the left column and on the top right row. If there is a check mark in the box where that row and column intersect, then the works can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies. See below for details on how remixes may be licensed.

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If you make adaptations of material under a CC license (i.e. “remix”), the original CC license always applies to the material you are adapting even once adapted. The license you may choose for your own contribution (called your “adapter’s license”) depends on which license applies to the original material. Recipients of the adaptation must comply with both the CC license on the original and your adapter’s license.

  • BY and BY-NC material

When remixing BY or BY-NC material, it is generally recommended that your adapter’s license include at least the same license elements as the license applied to the original material. This eases reuse for downstream users because they are able to satisfy both licenses by complying with the adapter’s license. For example, if you adapt material licensed under BY-NC, your adapter’s license should also contain the NC restriction. See the chart below for more details.

  • BY-SA and BY-NC-SA material

In general, when remixing ShareAlike content, your adapter’s license must be the same license as the license on the material you are adapting. All licenses after version 1.0 also allow you to license your contributions under a later version of the same license, and some also allow ported licenses. (See the license versions page for details.) If you wish to adapt material under BY-SA or BY-NC-SA and release your contributions under a non-CC license, you should visit the Compatibility page to see which options are allowed.

  • BY-ND and BY-NC-ND material

The BY-ND and BY-NC-ND licenses do not permit distribution of adaptations (also known as remixes or derivative works), and prohibits the creation of adaptations under the pre-4.0 versions of those licenses. Since you may not share remixes of these materials at all, there is no compatibility with other licenses. (Note that the ND licenses do allow you to reproduce the material in unmodified form together with other material in a collection, as indicated in the next FAQ.)

  • Adapter’s license chart

The chart below details the CC license(s) you may use as your adapter’s license. When creating an adaptation of material under the license identified in the lefthand column, you may license your contributions to the adaptation under one of the licenses indicated on the top row if the corresponding box is green. CC does not recommend using a license if the corresponding box is yellow, although doing so is technically permitted by the terms of the license. If you do, you should take additional care to mark the adaptation as involving multiple copyrights under different terms so that downstream users are aware of their obligations to comply with the licenses from all rights holders. Dark gray boxes indicate those licenses that you may not use as your adapter’s license.

Adapter’s license chart Adapter’s license
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work PD              
BY              
BY-NC              
BY-NC-ND              
BY-NC-SA              
BY-ND              
BY-SA              
Abbreviation Key

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

All Creative Commons licenses (including the version 4.0 licenses) allow licensed material to be included in collections such as anthologies, encyclopedias, and broadcasts. You may choose a license for the collection, however this does not change the license applicable to the original material.

When you include CC-licensed content in a collection, you still must adhere to the license conditions governing your use of the material incorporated. For example, material under any of the Creative Commons NonCommercial licenses cannot be used commercially. The table below indicates what type of CC-licensed works you may incorporate into collections licensed for commercial and noncommercial uses.

Original Work Commercial Collection (BY, BY-SA, BY-ND) NonCommercial Collection (BY-NC, BY-NC-SA, BY-NC-ND)
PD    
BY    
BY-NC    
BY-NC-ND    
BY-NC-SA    
BY-ND    
BY-SA    

License termination

When do Creative Commons licenses expire?

Creative Commons licenses expire when the underlying copyright and similar rights expire.

Note that the relevant rights may expire at different times. For example, you may have a CC-licensed song where the rights in the musical arrangement expire before the rights in the lyrics. In this case, when the copyright in the music expires, you may use it without being required to comply with the conditions of the CC license; however, you must still comply with the license if you use the lyrics.

What happens if the author decides to revoke the CC license to material I am using?

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms. Of course, you may choose to respect the licensor’s wishes and stop using the work.

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

All of the CC licenses terminate if you fail to follow the license conditions. If this happens, you no longer have a license to use the material.

In the 4.0 licenses, your rights under the license are automatically reinstated if you correct this failure within 30 days of discovering the violation (either on your own or because the licensor or someone else has told you). Under the 3.0 and earlier licenses, there is no automatic reinstatement.

If you have lost your rights under a CC license and are not entitled to automatic reinstatement, you may regain your rights under the license if the licensor expressly grants you permission. You cannot simply re-download the material to get a new license.

Note that you may still be liable for damages for copyright infringement for the period where you were not in compliance with the license.

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

The Creative Commons licenses have three layers, as does the CC0 public domain dedication: the human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The Public Domain Mark is not legally operative, and so has only two layers: the human-readable mark and machine-readable metadata.

When material is licensed using any of the CC licenses or tools, it is highly recommended that a CC button, text, or other marker somehow accompany it. There are many possible modes for marking. For our licenses, people generally use the CC license chooser to generate HTML code that can be pasted into the webpage where the licensed material is published. CC0 and the Public Domain Mark have a separate chooser. Many platforms and web services such as Flickr and Drupal support CC licensing directly, allowing you to select an appropriate license. The service then properly marks the work for you.

CC has published some best practices for marking your CC-licensed material, and recommends:

  • Including a visual indicator (some combination of text and images) that the work is licensed with one of the CC licenses.
  • Clearly indicating what material is covered under the CC license, especially if it’s presented alongside non-licensed materials.
  • Including a link to the human-readable deed (which itself contains a link to the legal code).
  • Embedding machine-readable metadata in the code of the license indicator or code of the licensed page.

See the marking page for more details.

What does it mean that Creative Commons licenses are “machine-readable”?

Creative Commons has specified CC REL as a way to associate machine-readable licensing metadata with objects offered under CC licenses.

Before Creative Commons developed this vocabulary, it was difficult for a machine to ascertain whether an object was marked with a CC license. There was also no standard, predictable place to house metadata about that license (for example, the source URL of the work or the required mode of attribution).

Machine-readable metadata based on well-accepted metadata standards creates a platform upon which new services and applications can be built. Software and services can detect CC licenses and the details of that license, as described by the metadata. For example, on many websites and search engines such as Google and Flickr, you can run filtered searches for works offered under specific CC licenses. In addition, CC license deeds can automatically create copy-and-paste attribution code so users may easily comply with the BY condition of the licenses. When you click on a CC license or button from a page with license metadata, you get copy-and-paste attribution HTML within that license deed page. That HTML is based on available RDFa metadata in the original material.

All HTML provided by the CC license chooser is automatically annotated with metadata in RDFa format.

What is RDFa?

RDFa is a method for embedding structured data in a web page. For more information about RDFa, see the following resources:

What is CC REL and why does Creative Commons recommend it?

Creative Commons Rights Expression Language (CC REL) renders information about licenses and works machine-readable through standards that define the semantic web. Creative Commons wants to make it easy for creators and scientists to build upon the works of others when they choose; licensing your work for reuse and finding properly licensed works to reuse should be easy. CC recommends that you mark your licensed works with CC REL. The Creative Commons license chooser provides HTML annotated with CC REL, while the Creative Commons deeds recognize CC REL on web pages with works offered under a CC license, and use this metadata to enhance the deed for properly marked-up works, e.g., by providing copy and paste HTML that includes work attribution.

For more background information on CC REL, please refer to this paper.

What does it mean for a search engine to be CC-enabled?

Some search engines (like Google) allow people to filter their search results by usage rights so that you can limit your search results according to the particular CC license you seek. For example, if you are looking for a photo to adapt, you can filter your search to return photos that have a CC license that permits creation of adaptations. You can generally find this search feature on the advanced search page of your selected search engine. You can also use CC Search, which offers a convenient interface to search and a list of those content providers that support searches for content based on usage rights.

Please note, however, that you should always double check to make sure that the work you locate through a search is licensed as you wish.

How do I give users of my site the option to use CC licensing like Flickr does?

Creative Commons provides tools for integrating license selection with your site. You can find an overview at the Web Integration article on the CC wiki. The Partner Interface is a good way to get started and will always have the most up-to-date license versions and translations. However, there is also an API available if you want more control.

How can I change or remove the Creative Commons search option built into the Firefox browser?

Mozilla has included the Creative Commons search function in many versions of Firefox along with search options for Google, Amazon, and other popular sites. Please take a look at the Firefox article on the CC wiki for an explanation of how to change these features.

If you want to add or remove a particular search option, click on the logo in the search box (for example, the CC logo or the Google logo). This will open the pull down menu, which will allow you to select different search providers. If you choose “Manage Search Engines,” you will be able to add or remove search engines. You can also alter the order in which the search providers appear on the pull down menu.

Is Creative Commons involved in digital rights management (DRM)?

No. CC licenses are a form of rights expression, not rights management. CC provides tools to make it easier for creators and owners to say which rights they reserve and permissions they grant. This is different from digital rights management (or “DRM”), which uses technological protection measures to prevent people from using the work in a way that the owner has not permitted.

CC licenses contain language prohibiting licensees from the use of effective technological measures (including DRM) to prevent access to licensed material: ”You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any such recipient.”

While licensors may apply effective technological measures (ETMs) to their own materials, the licensor provides a limited permission to circumvent these measures: “The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures.” Note that this only applies to effective technological measures applied by licensors themselves: third parties such as distribution platforms may still apply ETMs if the licensor uploads there, and the license is not able to grant you permission to circumvent it.

Copyright law grants exclusive rights to creators of original works of authorship. National laws usually extend protections to such works automatically once fixed in a tangible medium, prohibiting the making of copies without the rights holder’s permission, among other things. On the internet, even the most basic activities involve making copies of copyrighted content. As content is increasingly uploaded, downloaded, and shared online, copyright law is becoming more relevant to more people than it was 20 years ago. Unfortunately, infringing copyrights—even unintentionally or unknowingly—can lead to liability. Successful navigation of the internet requires some understanding of copyright law.

What is the public domain?

The public domain of copyright refers to the aggregate of those works that are not restricted by copyright within a given jurisdiction. A work may be part of the public domain because the applicable term of copyright has expired, because the rights holder surrendered copyright in the work with a tool like CC0, or because the work did not meet the applicable standards for copyrightability.

Because the public domain depends on the copyright laws in force within a particular territory, sometimes a work may be considered “in the public domain” of one jurisdiction, but not in another. For example, U.S. government works are automatically in the public domain under U.S. copyright law, but might be restricted by copyright in other countries.

The Public Domain Manifesto, the University Libraries page, and the CC0 FAQs all contain additional information about the public domain.

Copyright in most jurisdictions attaches automatically without need for any formality once a creative work is fixed in tangible form (i.e. the minute you put pen to paper, take a photo, or hit the “save” button on your computer).

In some jurisdictions, creators may be required to register with a national agency in order to enforce copyright in court. If you would like more information, please consult the Berne Convention or your jurisdiction’s copyright law.

Although you do not have to apply a copyright notice for your work to be protected, it may be a useful tool to clearly signal to people that the work is yours. It also tells the public who to contact about the work.

What is an adaptation?

An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.

In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter’s personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil’s copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction’s copyright law for more information.

What are moral rights?

Copyright laws in many jurisdictions around the world grant creators “moral rights” in addition to the economic or commercial right to exploit their creative works. Moral rights protect the personal and reputational value of a work for its creator. Moral rights differ by country, and can include the right of attribution, the right to have a work published anonymously or pseudonymously, and/or the right to the integrity of the work. The moral right of integrity may provide creators with a source for redress if an adaptation represents derogatory treatment of their work, typically defined as “distortion or mutilation” of the work or treatment that is “prejudicial to the honor, or reputation of the author.” Not all jurisdictions provide for moral rights.

The CC licenses are intended to minimize the effect of moral rights on a licensee’s ability to use licensed material; however, in some jurisdictions, these rights may still have an effect. CC offers some additional information on how CC licenses may affect your moral rights.

What are neighboring rights?

Copyright provides an incentive to create works by providing exclusive rights to creators. However, the distribution or exploitation of a work often involves more than just the creator. For example, if someone writes a song, someone else may perform the song, and another may produce the recording of the song. Some jurisdictions extend copyright to the contributions made by these persons; other jurisdictions extend such exclusive rights in the form of neighboring rights. Neighboring rights may include performers’ rights or broadcasters’ rights, among others. The Rome Convention sets forth some guidelines on the scope of neighboring rights. Not all jurisdictions recognize neighboring rights.

What are sui generis database rights?

Sui generis database rights grant qualifying database makers the right to prohibit the extraction and reuse of a substantial portion of a database. The rights are granted to database makers that make a substantial investment of time and resources to create the database. Sui generis database rights are primarily enacted within the European Union and a handful of other jurisdictions.

What are collecting societies?

Collecting societies are copyright management organizations. Some examples of collecting societies include ASCAP and BMI (United States), BUMA/STEMRA (Netherlands), PRS (United Kingdom), and APRA (Australia). These societies license works on behalf of their owners and process royalty payments from parties using the copyrighted works.

CC offers additional information on how collecting societies might affect your rights and your ability to apply CC licenses to your work. CC has several pilots underway with collecting societies that have chosen to allow their members to use CC licenses on a limited basis.

What are publicity, personality, and privacy rights?

These terms are used differently in different jurisdictions. Generally speaking, these rights allow individuals to control the use of their voice, image, likeness, or other identifiable aspect of their identity, especially for purposes of commercial exploitation. Similarly, in some jurisdictions these rights allow people to restrict others’ ability to publish information about them without their permission. Whether and to what extent these rights exist, and if so, how they are labeled, varies depending on the jurisdiction.

Creative Commons licenses have a limited effect on these rights where the licensor holds them. Where the licensor has publicity, personality, or privacy rights that may affect your ability to use the material as the license intends, the licensor agrees to waive or not assert those rights. However, any such rights not held by the licensor are not affected and may still affect your desired use of a licensed work. If you have created a work or wish to use a work that might in some way implicate these rights, you may need to obtain permission from the individuals whose rights may be affected.

Data

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

: Uses of CC Licenses with Data and Databases : Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker’s investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [marking page]https://wiki.creativecommons.org/wiki/Marking_your_work_with_a_CC_license “wikilink”) for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights–but not copyright–are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.1 These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker’s substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Artificial intelligence and CC licenses

What are the limits on how CC-licensed works can be used in the development of new technologies, such as training of artificial intelligence software?

The licenses grant permission for reuse in any situation that requires permission under copyright. There are many ways in which CC-licensed work works and even all rights reserved works can be reused without permission. This includes uses that are fair uses, for example.

If someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected. This is one of the enduring qualities of our licenses — they have been carefully designed to work with all new technologies where copyright comes into play. No special or explicit permission regarding new technologies from a copyright perspective is required.

But what about privacy laws, rules governing ethical research, and data protection laws?

CC’s copyright licenses are not universal policy tools. Copyright is the primary obstacle to reuse that our licenses solve, but there are many other issues related to the reuse of content that our licenses do not address and that reusers should be aware of. These can include privacy and rules governing ethical research and the collection or use of data, which have to be addressed and respected separate and apart from the copyright issues that CC licenses cover.

What attribution obligations exist when CC-licensed images are included in a published dataset? Is linking to the original image or URI required, and if so, is it adequate?

It depends. First, keep in mind that CC licenses never limit uses that copyright doesn’t control. For example, as a general matter text and data mining in the United States is considered a fair use and does not require permission under copyright. This means that reusers engaged in text and data mining do not have to adhere to the marking and attribution requirements in our licenses for that activity even though we strongly recommend they do so anyway. A second example is linking. In some countries, linking to copyrighted content doesn’t require permission under copyright law, which means the CC license obligations do not come into play even though the linked content is CC-licensed.

Where a CC-licensed work is distributed as part of a database or dataset, and assuming copyright (or in the European Union, copyright or sui generis database rights) is triggered, then the license conditions must be respected. This means providing the required attribution information in a way that is reasonable under the circumstances. Our licenses allow for some flexibility, and in some cases that may be as simple as providing a link to the website where the relevant attribution information is provided. Visit our marking practices page for more information.

If a for-profit company uses CC-licensed content under a Non Commercial license and releases the work under terms that allow only research purposes, is the NC restriction violated?

This depends on whether any of the uses made of the works by the company, whether for profit or non profit, are primarily intended for commercial advantage or monetary compensation. This is hard to know without having all of the facts about how a work was used, whether internally by the company for its own purposes or how the work was distributed for further use. Visit our NC page for more information about what constitutes commercial and non commercial uses of works.

If NC-licensed content is redistributed to the public under an NC license, that distribution would not violate the NC clause. (Note that CC strongly discourages the use of any license terms other than a CC NC license for redistributions of NC-licensed content.)

If CC SA-licensed content is included in a database, does the entire database have to be licensed under an SA license?

CC licenses never require a reuser of a CC-licensed work to make the original work or resulting works (collections, derivatives, etc.) publicly available. There are lots of private reuses of works that are permitted by CC’s licenses that do not require compliance with their terms. Regarding ShareAlike, the condition only applies if a work is modified and if the work is shared publicly. In the situation where a reuser created a dataset of photos and made it publicly available, and assuming copyright permission is required, then what is released is likely a collection or compilation of pre-existing works. CC licenses do not require the collection or the compilation itself to be made available under an SA license, even though each individual work is still licensed individually under an SA license and if they were modified by the distributor the modified photo would need to be licensed under the same terms. For example, were Creative Commons to compile photographs from a photo sharing website under a BY-SA 2.0 license and create a database that it then publicly distributed, CC could license the collection as a whole under a BY license, but the photographs would continue to be licensed under BY-SA 2.0.

What, if any, remedies, do users have if they dislike how their photos or images have been reused?

Several remedies are potentially available. Some may be available if the CC license terms have been violated, and others may be available through other, separate avenues because they involve other laws or regulations that the CC licenses do not cover. It’s important to remember, however, that absent a violation of the license the permissions granted under the license remain in place and cannot be revoked.

  • Under the CC licenses, even if a license condition has not been violated licensors can ask that attribution to them be removed so they can distance themselves from the reuse.
  • For violations of a CC license term where the license was required (not a fair use, etc.) then you may have a claim for copyright infringement. Fortunately, in the CC community most license violations are handled amicably without resorting to the courts.
  • For claims involving laws and regulations other than copyright, recourse may be available depending on your local laws.

An important starting point for any would-be sharer of content under a CC license is to educate yourself in advance about how they work and what rights they do and do not cover. We have many FAQs on our website. We also provide human-readable deeds with links to the full text of our licenses. Additionally, all of our licenses highlight at the beginning many considerations that licensors should have in mind before they license, and considerations for reusers of works before they do so in order to avoid inadvertent violations.

Notes

  1. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).↩

#####EOF##### Annuncia la traduzione 4.0 della licenza in Italiano! - Creative Commons
Creative Commons > Blog > Global affiliates > Annuncia la traduzione 4.0 della licenza in Italiano!

Annuncia la traduzione 4.0 della licenza in Italiano!

Sarah Pearson

July 31, 2017

The CC 4.0 licenses are now translated into Italian

The official Italian translation of the Creative Commons 4.0 Licenses and CC0 waiver is now available! Led by CC Italy, the translations also benefited from the collaboration with CC Switzerland. The working group was hosted and coordinated by the Nexa Center for Internet & Society at Politecnico di Torino, the Italian-affiliated institution of the Creative Commons international network.

During the drafting of the 4.0 licenses in English, the original CC Italy group worked closely with the CC HQ legal team determine how best to manage sui generis database rights. These discussions minimized the number of issues they faced when translating the licenses into Italian. After the public launch of the English licenses, the CC Italy working group drafted the Italian translation of the CC 4.0 license suite and reviewed the Italian translation of CC0—with the important feedback of several fellows of the Nexa Center and other members of the Italian Creative Commons community.

The community of the Nexa Center at Politecnico di Torino, the Italian CC network affiliate institution. Photo by Francesco Ruggiero, CC BY 4.0

More details about the translation process are available on the Creative Commons wiki. The final part of the 4.0 and CC0 Italian translation process is also documented on the Nexa Center’s GitHub account. The GitHub documentation provides only part of the story, but it generates useful documentation of the linguistic and legal exercise of translation. The CC Italy team is committed to using this GitHub again and more systematically in the future. See an example of how the team used Github to improve their processes, where a suggestion from Sarah Pearson helped the team minimize the differences between the original English version and the Italian translation.

A special thank you to the following groups:

  • The original CC Italy Working Group of: Federico Morando, Claudio Artusio, Massimo Travostino, Marco Ricolfi, Alessandro Cogo, and Thomas Margoni
  • The fellows at the Nexa Center: Elena Pavan, Stefano Leucci, Marco Ciurcina, and Miryam Bianco for the 4.0 suite and Angelo Maria Rovati and Silvia Bisi for CC0
  • Other members of the CC Italy Community: Monica Palmirani, Manuela Avidano, Maurizio Lana, Matteo Montanari, Giacomo Di Grazia, Luca Spinelli, and Simone Musarra for the 4.0 licenses and Francesco Ermini for CC0.

Congratulazioni con la CC Italia!

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#####EOF##### Frequently Asked Questions - Creative Commons
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Frequently Asked Questions

2019-04-02 14:07:11 UTC

These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information.

  • Other CC FAQs: CC0 Public Domain Dedication and Public Domain Mark.
  • “Licensor”, “rights holder”, “owner”, and “creator” may be used interchangeably to refer to the person or entity applying a CC license.
  • Information about the licenses is primarily made with reference to the 4.0 suite, but earlier license versions are mentioned where they differ.
  • Have a question that isn’t answered here? Contact info@creativecommons.org.

Creative Commons does not provide legal advice. This FAQ is for informational purposes and is not a substitute for legal advice. It may not cover important issues that affect you. You should consult with your own lawyer if you have questions.

About CC

What is Creative Commons and what do you do?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. Our legal tools help those who want to encourage reuse of their works by offering them for use under generous, standardized terms; those who want to make creative uses of works; and those who want to benefit from this symbiosis. Our vision is to help others realize the full potential of the internet. CC has affiliates all over the world who help ensure our licenses work internationally and who raise awareness of our work.

Although Creative Commons is best known for its licenses, our work extends beyond just providing copyright licenses. CC offers other legal and technical tools that also facilitate sharing and discovery of creative works, such as CC0, a public domain dedication for rights holders who wish to put their work into the public domain before the expiration of copyright, and the Public Domain Mark, a tool for marking a work that is in the worldwide public domain. Creative Commons licenses and tools were designed specifically to work with the web, which makes content that is offered under their terms easy to search for, discover, and use.

For more information about CC, our main website contains in-depth information about the organization, its staff and board of directors, its history, and its supporters. You can also read CC case studies to learn about some of the inspiring ways CC licenses and tools have been used to share works and support innovative business models. You can find regularly updated information about CC by visiting the blog.

Absolutely not. CC has responded to claims to the contrary. CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

That said, Creative Commons recognizes the need for change in copyright law, and many members of the Creative Commons community are active participants in the copyright reform movement. For more information, see our statement in support of copyright reform.

What does “Some Rights Reserved” mean?

Copyright grants to creators a bundle of exclusive rights over their creative works, which generally include, at a minimum, the right to reproduce, distribute, display, and make adaptations. The phrase “All Rights Reserved” is often used by owners to indicate that they reserve all of the rights granted to them under the law. When copyright expires, the work enters the public domain, and the rights holder can no longer stop others from engaging in those activities under copyright, with the exception of moral rights reserved to creators in some jurisdictions. Creative Commons licenses offer creators a spectrum of choices between retaining all rights and relinquishing all rights (public domain), an approach we call “Some Rights Reserved.”

No. Creative Commons is not a law firm and does not provide legal advice or legal services. CC is similar to a self-help service that offers free, form-based legal documents for others to use. These FAQ answers many of the most common questions. There is also specialized information available on the following pages:

While CC does provide this informational guidance about its licenses and other tools, this information may not apply to your particular situation, and should never be taken as legal advice.

If you’re looking for legal advice about using CC licenses and other tools, we recommend contacting the Creative Commons affiliate in your jurisdiction. CC affiliates are highly connected to the communities of copyright lawyers in their countries. We also offer a list of lawyers and organizations who have identified themselves as willing to provide information to others about CC licensing issues. However, please note that CC does not provide referral services, and does not endorse or recommend any person on that list.

Does Creative Commons collect or track material licensed under a CC license?

No, CC does not collect content or track licensed material. However, CC builds technical tools that help the public search for and use works licensed under our licenses and other legal tools, and many others have built such tools as well. CC Search is one tool developed by CC to help the public discover works offered under Creative Commons licenses on the internet via CC-aware search engines and repositories.

What do the Creative Commons buttons do?

The CC buttons are a shorthand way to convey the basic permissions associated with material offered under CC licenses. Creators and owners who apply CC licenses to their material can download and apply those buttons to communicate to users the permissions granted in advance. When the material is offered online, the buttons should usually link out to the human-readable license deeds (which, in turn, link to the license itself).

May I use the Creative Commons logo and buttons?

You may download high resolution versions of the Creative Commons logos and use them in connection with your work or your website, provided you comply with our policies. Among other things, if you use the logos on a website or on your work, you may not alter the logos in any respect—such as by changing the font, the proportions, or the colors. CC’s buttons, name, and corporate logo (the “CC” in a circle) are trademarks of Creative Commons. You cannot use them in ways not permitted by our policies unless you first receive express, written permission. This means, for example, that you cannot (without our permission) print your own buttons and t-shirts using CC logos, although you can purchase them in CC’s store.

I love Creative Commons. How can I help?

Please support CC by making a donation through our support page. Donations can be handled through PayPal or by credit card. You can also support CC by visiting our store.

CC always welcomes your feedback, which you can provide by emailing . You can also participate in CC’s email discussion lists and share feedback and ideas in one of those forums.

If you are a software developer, sysadmin, or have other technical expertise, please join our developer community and help build the tools that build the commons.

Finally, one of the best ways to support CC is by supporting our causes yourself. Follow our blog to find out about current issues where you can help get involved and spread the word, and advocate for free and open licensing in your own communities.

Why does Creative Commons run an annual fundraising campaign? What is the money used for and where does it go?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, with affiliates all over the world who help ensure our licenses work internationally and raise awareness about our work. Our tools are free, and our reach is wide.

In order to…

  • continue developing our licenses and public domain tools to make sure they are legally and technically up-to-date around the world,
  • help creators implement these tools on websites through best practices and individual assistance,
  • enable CC licensing on major content-sharing platforms,
  • enhance CC-licensed resource search and discovery,
  • advocate for CC licensing and open policies in education, science, and culture, and
  • myriad other activities we’re forgetting to mention, such as all the everyday boring but essential operations that go into running an organization

…we need $ to make it all happen! For more information, please take a look at our Annual Report.

Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. It is essential we have the public’s support because it is the creators and users of CC material who make our tools relevant in this digital age. They depend on the tools and services CC provides through their reuse and remix of the rich, open resources available on Wikipedia, Flickr, SoundCloud, Vimeo, Europeana, MIT OpenCourseWare, the Library of Science, Al Jazeera, and YouTube—just to name a few. Many of these people donate $10, $25, or $50 to CC, to help keep it up and running so we can continue to provide our tools and services for free, as a nonprofit organization. The more people who donate to CC, the more independent it will remain.

General License Information

What are Creative Commons licenses?

Creative Commons licenses provide an easy way to manage the copyright terms that attach automatically to all creative material under copyright. Our licenses allow that material to be shared and reused under terms that are flexible and legally sound. Creative Commons offers a core suite of six copyright licenses. Because there is no single “Creative Commons license,” it is important to identify which of the six licenses you are applying to your material, which of the six licenses has been applied to material that you intend to use, and in both cases the specific version.

All of our licenses require that users provide attribution (BY) to the creator when the material is used and shared. Some licensors choose the BY license, which requires attribution to the creator as the only condition to reuse of the material. The other five licenses combine BY with one or more of three additional license elements: NonCommercial (NC), which prohibits commercial use of the material; NoDerivatives (ND), which prohibits the sharing of adaptations of the material; and ShareAlike (SA), which requires adaptations of the material be released under the same license.

CC licenses may be applied to any type of work, including educational resources, music, photographs, databases, government and public sector information, and many other types of material. The only categories of works for which CC does not recommend its licenses are computer software and hardware. You should also not apply Creative Commons licenses to works that are no longer protected by copyright or are otherwise in the public domain. Instead, for those works in the worldwide public domain, we recommend that you mark them with the Public Domain Mark.

How do CC licenses operate?

CC licenses are operative only when applied to material in which a copyright exists, and even then only when a particular use would otherwise not be permitted by copyright. Note that the latest version of CC licenses also applies to rights similar to copyright, such as neighboring rights and sui generis database rights. Learn more about the scope of the licenses. This means that CC license terms and conditions are not triggered by uses permitted under any applicable exceptions and limitations to copyright, nor do license terms and conditions apply to elements of a licensed work that are in the public domain. This also means that CC licenses do not contractually impose restrictions on uses of a work where there is no underlying copyright. This feature (and others) distinguish CC licenses from some other open licenses like the ODbL and ODC-BY, both of which are intended to impose contractual conditions and restrictions on the reuse of databases in jurisdictions where there is no underlying copyright or sui generis database right.

All CC licenses are non-exclusive: creators and owners can enter into additional, different licensing arrangements for the same material at any time (often referred to as “dual-licensing” or “multi-licensing”). However, CC licenses are not revocable once granted unless there has been a breach, and even then the license is terminated only for the breaching licensee.

There are also videos and comics that offer visual descriptions of how CC licenses work.

Which is the latest version of the licenses offered by Creative Commons?

In November 2013, Creative Commons published the version 4.0 license suite. These licenses are the most up-to-date licenses offered by CC, and are recommended over all prior versions. You can see how the licenses have been improved over time on the license versions page. 4.0 has been drafted to be internationally valid, and will have official translations becoming available after publication.

No. By design, CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions. This is a fundamental principle of CC licensing.

Who gives permission to use material offered under Creative Commons licenses?

Our licenses and legal tools are intended for use by anyone who holds copyright in the material. This is often, but not always, the creator.

Creative Commons offers licenses and tools to the public free of charge and does not require that creators or other rights holders register with CC in order to apply a CC license to a work. This means that CC does not have special knowledge of who uses the licenses and for what purposes, nor does CC have a way to contact creators beyond means generally available to the public. CC has no authority to grant permission on behalf of those persons, nor does CC manage those rights on behalf of others.

If you would like to obtain additional permissions to use the work beyond those granted by the license that has been applied, or if you’re not sure if your intended use is permitted by the license, you should contact the rights holder.

Are Creative Commons licenses enforceable in a court of law?

Creative Commons licenses are drafted to be enforceable around the world, and have been enforced in court in various jurisdictions. To CC’s knowledge, the licenses have never been held unenforceable or invalid.

CC licenses contain a “severability” clause. This allows a court to eliminate any provision determined to be unenforceable, and enforce the remaining provisions of the license.

What happens if someone applies a Creative Commons license to my work without my knowledge or authorization?

CC alerts prospective licensors they need to have all necessary rights before applying a CC license to a work. If that is not the case and someone has marked your work with a CC license without your authorization, you should contact that person and tell them to remove the license from your work. You may also wish to contact a lawyer. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What are the international (“unported”) Creative Commons licenses, and why does CC offer “ported” licenses?

One of CC’s goals is ensuring that all of its legal tools work globally, so that anyone anywhere in the world can share their work on globally standard terms. To this end, CC offers a core suite of six international copyright licenses (formerly called the “unported”) that are drafted based largely on various international treaties governing copyright, taking into account as many jurisdiction-specific legal issues as possible. The latest version (4.0) has been drafted with particular attention to the needs of international enforceability.

For version 3.0 and earlier, Creative Commons has also offered ported versions of its six core licenses for many jurisdictions (which usually correspond to countries, but not always). These ported licenses are based on the international license suite but have been modified to reflect local nuances in the expression of legal terms and conditions, drafting protocols, and language. The ported licenses and the international licenses are all intended to be legally effective everywhere. CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

Can governments and intergovernmental organizations (“IGOs”) use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors’ overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the “machine readable” layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]”; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you’re uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC’s Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC’s legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC’s Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and running pilot programs that allow creators to use CC licenses in some circumstances.

If you are already a member of a collecting society and want to use CC licenses, you are welcome to encourage your collecting society to give you the option of Creative Commons licensing.

Can I still make money from a work I make available under a Creative Commons license?

Yes. One of our goals is to encourage creators and rights holders to experiment with new ways to promote and market their work. There are several possible ways of doing this.

CC’s NonCommercial (NC) licenses allow rights holders to maximize distribution while maintaining control of the commercialization of their works. If you want to reserve the right to commercialize your work, you may do this by choosing a license with the NC condition. If someone else wants to use your work commercially and you have applied an NC license to your work, they must first get your permission. As the rights holder, you may still sell your own work commercially.

You may also use funding models that do not depend on using an NC license. For example, many artists and creators use crowdfunding to fund their work before releasing it under a less restrictive license. Others use a “freemium” model where the basic content is free, but extras such as a physical printed version or special access to a members-only website are for paying customers only.

For more information and ideas, The Power of Open presents case studies of artists, businesspeople, and organizations who use CC.

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

No. CC licenses allow for flexibility in the way credit is provided depending on the medium, means, and context in which a licensee is redistributing licensed material. For example, providing attribution to the creator when using licensed material in a blog post may be different than doing so in a video remix. This flexibility facilitates compliance by licensees and reduces uncertainty about different types of reuse—minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded.

Can I change the license terms or conditions?

Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons” or “CC” license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials. Keep in mind that altering terms and conditions is distinct from waiving existing conditions or granting additional permissions than those in the licenses. Licensors may always do so, and many choose to do so using the CC+ protocol to readily signal the waiver or additional permission on the CC license deed.

CC does not assert copyright in the text of its licenses, so you are permitted to modify the text as long as you do not use the CC marks to describe it. However, we do not recommend this. We also advise against modifying our licenses through indirect means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other material. This would prevent licensees from using, combining, or remixing content under your customized license with other content under the same or compatible CC licenses.

Modifying licenses creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.

Can I waive license terms or conditions?

Yes. You may always choose to waive some license terms or conditions. Material licensed under a CC license but with additional permissions granted or conditions waived may be compatibly licensed with other material under the same license. Our CC+ protocol provides a mechanism for facilitating that grant or waiver.

Can I enter into separate or supplemental agreements with users of my work?

Yes. CC licenses are nonexclusive. Licensors always have the option of entering into separate arrangements for the sharing of their material in addition to applying a CC license. However, those different arrangements are not “CC” or “Creative Commons” licenses.

Separate agreements: You may offer the licensed material under other licenses in addition to the CC license (a practice commonly referred to as “dual licensing”). For example, you may wish to license a video game soundtrack under both a CC license and the GPL, so that it may be used under either set of terms. A reuser may then choose which set of terms to comply with. Or, for example, you may offer your material to the public under a NonCommercial license, but offer commercial permissions to fee-paying customers.

Supplemental agreements: Problems arise when licensors design those terms or arrangements to serve not as separate, alternative licensing arrangements but as supplemental terms having the effect of changing the standard terms within the CC license. While you may offer separate terms and conditions to other parties, you should not do so in such a way that would neutralize terms of the CC license.

Except in the limited situation where more permissions are being granted or license conditions are waived, if the additional arrangement modifies or conflicts with the CC license terms, then the resulting licensing arrangement is no longer a CC licensing arrangement. To avoid confusing those who may mistakenly believe the work is licensed under standard CC terms, we must insist that in these instances licensors not use our trademarks, names, and logos in connection with their custom licensing arrangement.

It should be noted that any agreements you make with other parties only have an effect on the other parties to that agreement, and do not apply to anyone else receiving the licensed material. For example, if there are terms of use that apply to visitors to your website on which you host CC-licensed material, your terms of use may apply to visitors to that website, but not to anyone who receives copies of the CC-licensed material elsewhere. Even for the visitors to your website, any separate terms and conditions do not become part of the license—they remain a separate contractual agreement, and violation of this agreement does not constitute copyright infringement.

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

A CC license terminates automatically when its conditions are violated. For example, if a reuser of CC-licensed material does not provide the attribution required when sharing the work, then the user no longer has the right to continue using the material and may be liable for copyright infringement. The license is terminated for the user who violated the license. However, all other users still have a valid license, so long as they are in compliance.

Under the 4.0 licenses, a licensee automatically gets these rights back if she fixes the violation within 30 days of discovering it.

If you apply a Creative Commons license and a user violates the license conditions, you may opt to contact the person directly to ask them to rectify the situation or consult a lawyer to act on your behalf. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

As long as users abide by license terms and conditions, licensors cannot control how the material is used. However, CC licenses do provide several mechanisms that allow licensors to choose not to be associated with their material or to uses of their material with which they disagree.

First, all CC licenses prohibit using the attribution requirement to suggest that the licensor endorses or supports a particular use. Second, licensors may waive the attribution requirement, choosing not to be identified as the licensor, if they wish. Third, if the licensor does not like how the material has been modified or used, CC licenses require that the licensee remove the attribution information upon request. (In 3.0 and earlier, this is only a requirement for adaptations and collections; in 4.0, this also applies to the unmodified work.) Finally, anyone modifying licensed material must indicate that the original has been modified. This ensures that changes made to the original material–whether or not the licensor approves of them–are not attributed back to the licensor.

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

The use of any effective technical protection measures (such as digital rights management or “DRM”) by licensees to prevent others from exercising the licensed rights is prohibited.

Not all kinds of encryption or access limitations are prohibited by the licenses. For example, sending content via email and encrypting it with the recipient’s public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a particular set of users (for example, by requiring a username and password to enter a site) does not restrict further use of the content by the recipients. In these examples, these things do not prevent the recipient from exercising all of the rights granted by the license, including the right to redistribute it further.

If someone is applying effective technological measures to your CC-licensed material that do restrict exercise of the licensed rights (such as applying DRM that restricts copying), this is a violation of the license terms unless you have chosen to grant this permission separately.

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

No. CC licenses grant permission to use the licensed material in any media or format regardless of the format in which it has been made available. This is true even if you have applied a NoDerivatives license to your work. Once a CC license is applied to a work in one format or medium, a licensee may use the same work in any other format or medium without violating the licensor’s copyright.

What if I change my mind about using a CC license?

CC licenses are not revocable. Once something has been published under a CC license, licensees may continue using it according to the license terms for the duration of applicable copyright and similar rights. As a licensor, you may stop distributing under the CC license at any time, but anyone who has access to a copy of the material may continue to redistribute it under the CC license terms. While you cannot revoke the license, CC licenses do provide a mechanism for licensors to ask that others using their material remove the attribution information. You should think carefully before choosing a Creative Commons license.

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

CC offers six core licenses, each of which grants a different set of permissions. Before you use CC-licensed material, you should review the terms of the particular license to be sure your anticipated use is permitted. If you wish to use the work in a manner that is not permitted by the license, you should contact the rights holder (often the creator) to get permission first, or look for an alternative work that is licensed in a way that permits your anticipated use. Note that if you use material in a way that is not permitted by the applicable license and your use is not otherwise permitted by an applicable copyright exception or limitation, the license is automatically terminated and you may be liable for copyright infringement, even if you are eligible to have your rights reinstated later.

Before using material offered under a Creative Commons license, you should know that CC licenses only grant permissions needed under copyright and similar rights, and there may be additional rights you need to use it as intended. You should also understand that licensors do not offer warranties or guarantees about the material they are licensing unless expressly indicated otherwise. All materials are licensed “AS IS” and a disclaimer of warranties applies unless expressly provided otherwise. If you want to ask for a warranty or guarantee about rights to use the material, you should talk with the licensor before using it.

Does a Creative Commons license give me all the rights I need to use the work?

It depends. CC licenses do not license rights other than copyright and similar rights (which include sui generis database rights in version 4.0). For example, they do not license trademark or patent rights, or the publicity, personality, and privacy rights of third parties. However, licensors agree to waive or not assert any moral rights, publicity rights, personality rights, or privacy rights they themselves hold, to the limited extent necessary to allow exercise of the licensed rights. Any rights outside of the scope of the license may require clearance (i.e., permission) in order to use the work as you would like.

Additionally, creative works sometimes incorporate works owned by others (known as “third party content”), often used pursuant to a CC license or under an exception or limitation to copyright such as fair use in the U.S. You should make sure you have permission to use any third party content contained in the work you want to use, or that your use is otherwise allowed under the laws of your jurisdiction, particularly in cases such as fair use where your right to use the content depends on the particular context in which you plan to use it.

All CC licenses contain a disclaimer of warranties, meaning that the licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work. You may wish to obtain legal advice before using CC-licensed material if you are not sure whether you have all the rights you need.

What if there are sui generis database rights that apply to my use of a CC-licensed database?

In the somewhat limited circumstances where sui generis database rights apply to your use, special conditions apply and there are more specific considerations you should be aware of. Under 4.0, sui generis database rights are licensed alongside copyright, but the treatment in earlier versions of the license varies. A fuller explanation of these variations and related considerations is available in the Data FAQ.

Where can I find material offered under a CC license?

If you are looking for material offered under a Creative Commons license, CC Search is a good starting point. There is also a directory of organizations and individuals who use CC licenses. Some media sites, such as Flickr, have search filters for material licensed using CC’s licenses.

Be sure to confirm that the material you want to use is actually under a CC license, as search results may sometimes be misleading.

Are Creative Commons works really free to use?

Yes. While many if not most CC-licensed works are available at no cost, some licensors charge for initial access to CC-licensed works—for example, by publishing CC-licensed content only to subscribers, or by charging for downloads. However, even if you have paid an access charge, once you have a copy of CC-licensed material, you may make any further uses permitted by the license without paying licensing fees.

(If you wish to make uses that are not permitted by the license—for example, making a commercial use of an NC-licensed photo—the licensor may charge for those additional rights.)

What should I know about differences between the international licenses and the ported licenses?

As a licensee, you should always read and understand the relevant license’s legal code before using CC-licensed material, particularly if you are using material that is licensed using a ported license with which you are unfamiliar. Our porting process involved adapting the international licenses to the legal framework of different jurisdictions, and in that process slight adjustments may have been made that you should make yourself aware of in advance of using the material. You can find more information about the ported licenses in the Jurisdiction Database.

There are currently no ported versions of 4.0, and we expect there will be few, if any, in the future. All official translations of the 4.0 international licenses are equivalent: you may substitute one for another depending on your preferred language.

However, the ported versions of 3.0 and earlier sometimes contain small differences from the international license depending on the ways in which they have been adapted to their jurisdictions. For example, a handful of the ported licenses contain provisions specifying which laws will apply in the event the licensor chooses to enforce the license, and a few of the ported licenses contain forum selection clauses.

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Contact the rights holders to ask for permission. Otherwise, unless an exception or limitation to copyright applies, your use of the material may violate the Creative Commons license. If you violate the terms of the license, your rights to use the material will be automatically terminated, and you may be liable for copyright infringement.

Do I always have to comply with the license terms? If not, what are the exceptions?

You need to comply with the license terms if what you are doing would otherwise require permission from the rights holder. If your use would not require permission from the rights holder because it falls under an exception or limitation, such as fair use, or because the material has come into the public domain, the license does not apply, and you do not need to comply with its terms and conditions. Additionally, if you are using an excerpt small enough to be uncopyrightable, the license does not apply to your use, and you do not need to comply with its terms.

However, if you are using excerpts of CC-licensed material which individually are minimal and do not require license compliance, but together make up a significant copyrightable chunk, you must comply with the license terms. For example, if you quote many individual lines from a poem across several sections of a blog post, and your use is not a fair use, you must comply with the license even though no individual line would have been a substantial enough portion of the work to require this.

Attribution

How do I properly attribute material offered under a Creative Commons license?

All CC licenses require users to attribute the creator of licensed material, unless the creator has waived that requirement, not supplied a name, or asked that her name be removed. Additionally, you must retain a copyright notice, a link to the license (or to the deed), a license notice, a notice about the disclaimer of warranties, and a URI if reasonable. For versions prior to 4.0, you must also provide the title of the work. (Though it is not a requirement in 4.0, it is still recommended if one is supplied.)

You must also indicate if you have modified the work—for example, if you have taken an excerpt, or cropped a photo. (For versions prior to 4.0, this is only required if you have created an adaptation by contributing your own creative material, but it is recommended even when not required.) It is not necessary to note trivial alterations, such as correcting a typo or changing a font size. Finally, you must retain an indication of previous modifications to the work.

CC licenses have a flexible attribution requirement, so there is not necessarily one correct way to provide attribution. The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner. Additionally, you may satisfy the attribution requirement by providing a link to a place where the attribution information may be found.

While the attribution requirements in the license are the minimum requirement, we always recommend that you follow the best practices for the kind of use you are making. For example, if you are using scientific data marked with CC0, you are not required to give attribution at all, but we recommend that you give the same credit you would give to any other source—not because the license requires it, but because that is the standard for letting others know the source of the data.

The CC website offers some best practices to help you attribute properly, and the CC Australia team has developed a helpful guide to attributing CC-licensed material (.pdf) in different formats. Note that the attribution and marking requirements vary slightly among license versions. See here for a chart comparing the specific requirements.

Do I need to be aware of anything else when providing attribution?

Yes. You need to be careful not to imply any sponsorship, endorsement, or connection with the licensor or attribution party without their permission. Wrongfully implying that a creator, publisher, or anyone else endorses you or your use of a work may be unlawful. Creative Commons makes the obligation not to imply endorsement explicit in its licenses. In addition, if the licensor of a work requests that you remove the identifying credit, you must do so to the extent practical.

Additionally, when you are using a work that is an adaptation of one or more pre-existing works, you may need to give credit to the creator(s) of the pre-existing work(s), in addition to giving credit to the creator of the adaptation.

Do I always have to attribute the creator of the licensed material?

You must attribute the creator when you provide material to the public by any means that is restricted by copyright or similar rights. If you are using the material personally but are not making it or any adaptations of it available to others, you do not have to attribute the licensor. Similarly, if you are only distributing the material or adaptations of it within your company or organization, you do not have to comply with the attribution requirement. Learn more about when compliance with the license is not required.

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such.

Can I take a CC-licensed work and use it in a different format?

Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.

This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work.

How do I know if a low-resolution photo and a high-resolution photo are the same work?

As with most copyright questions, it will depend on applicable law. Generally, to be different works under copyright law, there must be expressive or original choices made that make one work a separate and distinct work from another. The determination depends on the standards for copyright in the relevant jurisdiction.

Under U.S. copyright law, for example, mechanical reproduction of a work into a different format is unlikely to create a separate, new work. Consequently, digitally enhancing or changing the format of a work absent some originality, such as expressive choices made in the enhancement or encoding, will not likely create a separate work for copyright purposes. The creative bar is low, but it is not non-existent. Accordingly, in some jurisdictions releasing a photograph under a CC license will give the public permission to reuse the photograph in a different resolution.

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

The NoDerivs licenses (BY-ND and BY-NC-ND) prohibit reusers from creating adaptations. What constitutes an adaptation, otherwise known as a derivative work, varies slightly based on the law of the relevant jurisdiction.

Incorporating an unaltered excerpt from an ND-licensed work into a larger work only creates an adaptation if the larger work can be said to be built upon and derived from the work from which the excerpt was taken. Generally, no derivative work is made of the original from which the excerpt was taken when the excerpt is used to illuminate an idea or provide an example in another larger work. Instead, only the reproduction right of the original copyright holder is being exercised by person reusing the excerpt. All CC licenses grant the right to reproduce a CC-licensed work for noncommercial purposes (at a minimum). For example, a person could make copies of one chapter of an ND-licensed book and not be in violation of the license so long as other conditions of the license are met.

There are exceptions to that general rule, however, when the excerpts are combined with other material in a way that creates some new version of the original from which the excerpt is taken. For example, if a portion of a song was used as part of a new song, that may rise to the level of creating an adaptation of the original song, even though only a portion of it was used and even if that portion was used as-is.

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

No. When you receive material under a Creative Commons license, you may not place additional terms and conditions on the reuse of the work. This includes using effective technological measures (ETMs) that would restrict a licensee’s ability to exercise the licensed rights.

A technological measure is considered an ETM if circumventing it carries penalties under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements. Generally, this means that the anti-circumvention laws of various jurisdictions would cover attempts to break it.

For example, if you remix a CC-licensed song, and you wish to share it on a music site that places digital copy-restriction on all uploaded files, you may not do this without express permission from the licensor. However, if you upload that same file to your own site or any other site that does not apply DRM to the file, and a listener chooses to stream it through an app that applies DRM, you have not violated the license.

Note that merely converting material into a different format that is difficult to access or is only available for certain platforms does not violate the restriction; you may do this without violating the license terms.

Can I share CC-licensed material on password-protected sites?

Yes. This is not considered to be a prohibited measure, so long as the protection is merely limiting who may access the content, and does not restrict the authorized recipients from exercising the licensed rights. For example, you may post material under any CC license on a site restricted to members of a certain school, or to paying customers, but you may not place effective technological measures (including DRM) on the files that prevents them from sharing the material elsewhere.

(Note that charging for access may not be permitted with NC-licensed material; however, it is not disallowed by the restriction on ETMs.)

Can I share CC-licensed material on file-sharing networks?

Yes. All CC licenses allow redistribution of the unmodified material by any means, including distribution via file-sharing networks. Note that file-trading is expressly considered to be noncommercial for purposes of compliance with the NC licenses. Barter of NC-licensed material for other items of value is not permitted.

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

If you have received material under a CC license that is encumbered with effective technological measures (such as digital rights management or DRM), you may or may not be permitted to break it, depending on the circumstances. By releasing material under a CC license, the licensor agrees not to assert any rights she may have to prevent the circumvention of effective technological measures. (Under the 3.0 and earlier licenses, this is implied but not explicit.) However, if she has uploaded it to a site or other distribution channel that itself applies such measures, that site may have the right to prevent you from breaking them, even though the licensor herself cannot do so.

Note that anti-circumvention laws can impose criminal liability in some jurisdictions.

What if I have received CC-licensed material with additional restrictions?

It is possible that CC-licensed material will appear on platforms that impose terms in addition to the copyright license (though Creative Commons strongly discourages restrictions that interfere with exercise of the licensed rights). These additional terms do not form part of the license for the work. For example, if you download CC-licensed material from a site that does not permit downloading, you may be breaking the terms of use of the site, but you are not infringing the CC license. See our guide to Modifying the CC licenses for more guidance and information.

Combining and adapting CC material

When is my use considered an adaptation?

Whether a modification of licensed material is considered an adaptation for the purpose of CC licenses depends primarily on the applicable copyright law. Copyright law reserves to an original creator the right to create adaptations of the original work. CC licenses that allow for adaptations to be shared—all except BY-ND and BY-NC-ND—grant permission to others to create and redistribute adaptations when doing so would otherwise constitute a violation of applicable copyright law. Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable, such as a translation of a novel from one language to another, or the creation of a screenplay based on a novel.

Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation, whether or not it would be considered so under applicable law. Also, under version 4.0, certain uses of databases restricted by sui generis database rights also constitute adaptations (called “Adapted Material” in the 4.0 licenses), whether or not they would be considered adaptations under copyright law. For more details about adaptations in the database context, see the Data FAQ.

Note that all CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license.

Note on terminology: throughout these FAQs, we use the term “remix” interchangeably with “adapt.” Both are designed to mean doing something that constitutes an adaptation under copyright law.

Can I combine material under different Creative Commons licenses in my work?

It depends. The first question to ask is whether doing so constitutes an adaptation. If the combination does not create an adaptation, then you may combine any CC-licensed content so long as you provide attribution and comply with the NonCommercial restriction if it applies. If you want to combine material in a way that results in the creation of an adaptation (i.e. a “remix”), then you must pay attention to the particular license that applies to the content you want to combine.

The NoDerivatives licenses do not permit remixing except for private use (the pre-4.0 licenses do not permit remixing at all, except as allowed by exceptions and limitations to copyright). All the other CC licenses allow remixes, but may impose limitations or conditions on how the remix may be used. For example, if you create a remix with material licensed under a ShareAlike license, you need to make sure that all of the material contributed to the remix is licensed under the same license or one that CC has named as compatible, and you must properly credit all of the sources with the required attribution and license information. Similarly, if you want to use a remix for commercial purposes, you cannot incorporate material released under one of the NonCommercial licenses.

The chart below shows which CC-licensed material can be remixed. To use the chart, find a license on the left column and on the top right row. If there is a check mark in the box where that row and column intersect, then the works can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies. See below for details on how remixes may be licensed.

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If you make adaptations of material under a CC license (i.e. “remix”), the original CC license always applies to the material you are adapting even once adapted. The license you may choose for your own contribution (called your “adapter’s license”) depends on which license applies to the original material. Recipients of the adaptation must comply with both the CC license on the original and your adapter’s license.

  • BY and BY-NC material

When remixing BY or BY-NC material, it is generally recommended that your adapter’s license include at least the same license elements as the license applied to the original material. This eases reuse for downstream users because they are able to satisfy both licenses by complying with the adapter’s license. For example, if you adapt material licensed under BY-NC, your adapter’s license should also contain the NC restriction. See the chart below for more details.

  • BY-SA and BY-NC-SA material

In general, when remixing ShareAlike content, your adapter’s license must be the same license as the license on the material you are adapting. All licenses after version 1.0 also allow you to license your contributions under a later version of the same license, and some also allow ported licenses. (See the license versions page for details.) If you wish to adapt material under BY-SA or BY-NC-SA and release your contributions under a non-CC license, you should visit the Compatibility page to see which options are allowed.

  • BY-ND and BY-NC-ND material

The BY-ND and BY-NC-ND licenses do not permit distribution of adaptations (also known as remixes or derivative works), and prohibits the creation of adaptations under the pre-4.0 versions of those licenses. Since you may not share remixes of these materials at all, there is no compatibility with other licenses. (Note that the ND licenses do allow you to reproduce the material in unmodified form together with other material in a collection, as indicated in the next FAQ.)

  • Adapter’s license chart

The chart below details the CC license(s) you may use as your adapter’s license. When creating an adaptation of material under the license identified in the lefthand column, you may license your contributions to the adaptation under one of the licenses indicated on the top row if the corresponding box is green. CC does not recommend using a license if the corresponding box is yellow, although doing so is technically permitted by the terms of the license. If you do, you should take additional care to mark the adaptation as involving multiple copyrights under different terms so that downstream users are aware of their obligations to comply with the licenses from all rights holders. Dark gray boxes indicate those licenses that you may not use as your adapter’s license.

Adapter’s license chart Adapter’s license
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work PD              
BY              
BY-NC              
BY-NC-ND              
BY-NC-SA              
BY-ND              
BY-SA              
Abbreviation Key

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

All Creative Commons licenses (including the version 4.0 licenses) allow licensed material to be included in collections such as anthologies, encyclopedias, and broadcasts. You may choose a license for the collection, however this does not change the license applicable to the original material.

When you include CC-licensed content in a collection, you still must adhere to the license conditions governing your use of the material incorporated. For example, material under any of the Creative Commons NonCommercial licenses cannot be used commercially. The table below indicates what type of CC-licensed works you may incorporate into collections licensed for commercial and noncommercial uses.

Original Work Commercial Collection (BY, BY-SA, BY-ND) NonCommercial Collection (BY-NC, BY-NC-SA, BY-NC-ND)
PD    
BY    
BY-NC    
BY-NC-ND    
BY-NC-SA    
BY-ND    
BY-SA    

License termination

When do Creative Commons licenses expire?

Creative Commons licenses expire when the underlying copyright and similar rights expire.

Note that the relevant rights may expire at different times. For example, you may have a CC-licensed song where the rights in the musical arrangement expire before the rights in the lyrics. In this case, when the copyright in the music expires, you may use it without being required to comply with the conditions of the CC license; however, you must still comply with the license if you use the lyrics.

What happens if the author decides to revoke the CC license to material I am using?

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms. Of course, you may choose to respect the licensor’s wishes and stop using the work.

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

All of the CC licenses terminate if you fail to follow the license conditions. If this happens, you no longer have a license to use the material.

In the 4.0 licenses, your rights under the license are automatically reinstated if you correct this failure within 30 days of discovering the violation (either on your own or because the licensor or someone else has told you). Under the 3.0 and earlier licenses, there is no automatic reinstatement.

If you have lost your rights under a CC license and are not entitled to automatic reinstatement, you may regain your rights under the license if the licensor expressly grants you permission. You cannot simply re-download the material to get a new license.

Note that you may still be liable for damages for copyright infringement for the period where you were not in compliance with the license.

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

The Creative Commons licenses have three layers, as does the CC0 public domain dedication: the human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The Public Domain Mark is not legally operative, and so has only two layers: the human-readable mark and machine-readable metadata.

When material is licensed using any of the CC licenses or tools, it is highly recommended that a CC button, text, or other marker somehow accompany it. There are many possible modes for marking. For our licenses, people generally use the CC license chooser to generate HTML code that can be pasted into the webpage where the licensed material is published. CC0 and the Public Domain Mark have a separate chooser. Many platforms and web services such as Flickr and Drupal support CC licensing directly, allowing you to select an appropriate license. The service then properly marks the work for you.

CC has published some best practices for marking your CC-licensed material, and recommends:

  • Including a visual indicator (some combination of text and images) that the work is licensed with one of the CC licenses.
  • Clearly indicating what material is covered under the CC license, especially if it’s presented alongside non-licensed materials.
  • Including a link to the human-readable deed (which itself contains a link to the legal code).
  • Embedding machine-readable metadata in the code of the license indicator or code of the licensed page.

See the marking page for more details.

What does it mean that Creative Commons licenses are “machine-readable”?

Creative Commons has specified CC REL as a way to associate machine-readable licensing metadata with objects offered under CC licenses.

Before Creative Commons developed this vocabulary, it was difficult for a machine to ascertain whether an object was marked with a CC license. There was also no standard, predictable place to house metadata about that license (for example, the source URL of the work or the required mode of attribution).

Machine-readable metadata based on well-accepted metadata standards creates a platform upon which new services and applications can be built. Software and services can detect CC licenses and the details of that license, as described by the metadata. For example, on many websites and search engines such as Google and Flickr, you can run filtered searches for works offered under specific CC licenses. In addition, CC license deeds can automatically create copy-and-paste attribution code so users may easily comply with the BY condition of the licenses. When you click on a CC license or button from a page with license metadata, you get copy-and-paste attribution HTML within that license deed page. That HTML is based on available RDFa metadata in the original material.

All HTML provided by the CC license chooser is automatically annotated with metadata in RDFa format.

What is RDFa?

RDFa is a method for embedding structured data in a web page. For more information about RDFa, see the following resources:

What is CC REL and why does Creative Commons recommend it?

Creative Commons Rights Expression Language (CC REL) renders information about licenses and works machine-readable through standards that define the semantic web. Creative Commons wants to make it easy for creators and scientists to build upon the works of others when they choose; licensing your work for reuse and finding properly licensed works to reuse should be easy. CC recommends that you mark your licensed works with CC REL. The Creative Commons license chooser provides HTML annotated with CC REL, while the Creative Commons deeds recognize CC REL on web pages with works offered under a CC license, and use this metadata to enhance the deed for properly marked-up works, e.g., by providing copy and paste HTML that includes work attribution.

For more background information on CC REL, please refer to this paper.

What does it mean for a search engine to be CC-enabled?

Some search engines (like Google) allow people to filter their search results by usage rights so that you can limit your search results according to the particular CC license you seek. For example, if you are looking for a photo to adapt, you can filter your search to return photos that have a CC license that permits creation of adaptations. You can generally find this search feature on the advanced search page of your selected search engine. You can also use CC Search, which offers a convenient interface to search and a list of those content providers that support searches for content based on usage rights.

Please note, however, that you should always double check to make sure that the work you locate through a search is licensed as you wish.

How do I give users of my site the option to use CC licensing like Flickr does?

Creative Commons provides tools for integrating license selection with your site. You can find an overview at the Web Integration article on the CC wiki. The Partner Interface is a good way to get started and will always have the most up-to-date license versions and translations. However, there is also an API available if you want more control.

How can I change or remove the Creative Commons search option built into the Firefox browser?

Mozilla has included the Creative Commons search function in many versions of Firefox along with search options for Google, Amazon, and other popular sites. Please take a look at the Firefox article on the CC wiki for an explanation of how to change these features.

If you want to add or remove a particular search option, click on the logo in the search box (for example, the CC logo or the Google logo). This will open the pull down menu, which will allow you to select different search providers. If you choose “Manage Search Engines,” you will be able to add or remove search engines. You can also alter the order in which the search providers appear on the pull down menu.

Is Creative Commons involved in digital rights management (DRM)?

No. CC licenses are a form of rights expression, not rights management. CC provides tools to make it easier for creators and owners to say which rights they reserve and permissions they grant. This is different from digital rights management (or “DRM”), which uses technological protection measures to prevent people from using the work in a way that the owner has not permitted.

CC licenses contain language prohibiting licensees from the use of effective technological measures (including DRM) to prevent access to licensed material: ”You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any such recipient.”

While licensors may apply effective technological measures (ETMs) to their own materials, the licensor provides a limited permission to circumvent these measures: “The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures.” Note that this only applies to effective technological measures applied by licensors themselves: third parties such as distribution platforms may still apply ETMs if the licensor uploads there, and the license is not able to grant you permission to circumvent it.

Copyright law grants exclusive rights to creators of original works of authorship. National laws usually extend protections to such works automatically once fixed in a tangible medium, prohibiting the making of copies without the rights holder’s permission, among other things. On the internet, even the most basic activities involve making copies of copyrighted content. As content is increasingly uploaded, downloaded, and shared online, copyright law is becoming more relevant to more people than it was 20 years ago. Unfortunately, infringing copyrights—even unintentionally or unknowingly—can lead to liability. Successful navigation of the internet requires some understanding of copyright law.

What is the public domain?

The public domain of copyright refers to the aggregate of those works that are not restricted by copyright within a given jurisdiction. A work may be part of the public domain because the applicable term of copyright has expired, because the rights holder surrendered copyright in the work with a tool like CC0, or because the work did not meet the applicable standards for copyrightability.

Because the public domain depends on the copyright laws in force within a particular territory, sometimes a work may be considered “in the public domain” of one jurisdiction, but not in another. For example, U.S. government works are automatically in the public domain under U.S. copyright law, but might be restricted by copyright in other countries.

The Public Domain Manifesto, the University Libraries page, and the CC0 FAQs all contain additional information about the public domain.

Copyright in most jurisdictions attaches automatically without need for any formality once a creative work is fixed in tangible form (i.e. the minute you put pen to paper, take a photo, or hit the “save” button on your computer).

In some jurisdictions, creators may be required to register with a national agency in order to enforce copyright in court. If you would like more information, please consult the Berne Convention or your jurisdiction’s copyright law.

Although you do not have to apply a copyright notice for your work to be protected, it may be a useful tool to clearly signal to people that the work is yours. It also tells the public who to contact about the work.

What is an adaptation?

An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.

In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter’s personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil’s copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction’s copyright law for more information.

What are moral rights?

Copyright laws in many jurisdictions around the world grant creators “moral rights” in addition to the economic or commercial right to exploit their creative works. Moral rights protect the personal and reputational value of a work for its creator. Moral rights differ by country, and can include the right of attribution, the right to have a work published anonymously or pseudonymously, and/or the right to the integrity of the work. The moral right of integrity may provide creators with a source for redress if an adaptation represents derogatory treatment of their work, typically defined as “distortion or mutilation” of the work or treatment that is “prejudicial to the honor, or reputation of the author.” Not all jurisdictions provide for moral rights.

The CC licenses are intended to minimize the effect of moral rights on a licensee’s ability to use licensed material; however, in some jurisdictions, these rights may still have an effect. CC offers some additional information on how CC licenses may affect your moral rights.

What are neighboring rights?

Copyright provides an incentive to create works by providing exclusive rights to creators. However, the distribution or exploitation of a work often involves more than just the creator. For example, if someone writes a song, someone else may perform the song, and another may produce the recording of the song. Some jurisdictions extend copyright to the contributions made by these persons; other jurisdictions extend such exclusive rights in the form of neighboring rights. Neighboring rights may include performers’ rights or broadcasters’ rights, among others. The Rome Convention sets forth some guidelines on the scope of neighboring rights. Not all jurisdictions recognize neighboring rights.

What are sui generis database rights?

Sui generis database rights grant qualifying database makers the right to prohibit the extraction and reuse of a substantial portion of a database. The rights are granted to database makers that make a substantial investment of time and resources to create the database. Sui generis database rights are primarily enacted within the European Union and a handful of other jurisdictions.

What are collecting societies?

Collecting societies are copyright management organizations. Some examples of collecting societies include ASCAP and BMI (United States), BUMA/STEMRA (Netherlands), PRS (United Kingdom), and APRA (Australia). These societies license works on behalf of their owners and process royalty payments from parties using the copyrighted works.

CC offers additional information on how collecting societies might affect your rights and your ability to apply CC licenses to your work. CC has several pilots underway with collecting societies that have chosen to allow their members to use CC licenses on a limited basis.

What are publicity, personality, and privacy rights?

These terms are used differently in different jurisdictions. Generally speaking, these rights allow individuals to control the use of their voice, image, likeness, or other identifiable aspect of their identity, especially for purposes of commercial exploitation. Similarly, in some jurisdictions these rights allow people to restrict others’ ability to publish information about them without their permission. Whether and to what extent these rights exist, and if so, how they are labeled, varies depending on the jurisdiction.

Creative Commons licenses have a limited effect on these rights where the licensor holds them. Where the licensor has publicity, personality, or privacy rights that may affect your ability to use the material as the license intends, the licensor agrees to waive or not assert those rights. However, any such rights not held by the licensor are not affected and may still affect your desired use of a licensed work. If you have created a work or wish to use a work that might in some way implicate these rights, you may need to obtain permission from the individuals whose rights may be affected.

Data

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

: Uses of CC Licenses with Data and Databases : Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker’s investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [marking page]https://wiki.creativecommons.org/wiki/Marking_your_work_with_a_CC_license “wikilink”) for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights–but not copyright–are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.1 These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker’s substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Artificial intelligence and CC licenses

What are the limits on how CC-licensed works can be used in the development of new technologies, such as training of artificial intelligence software?

The licenses grant permission for reuse in any situation that requires permission under copyright. There are many ways in which CC-licensed work works and even all rights reserved works can be reused without permission. This includes uses that are fair uses, for example.

If someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected. This is one of the enduring qualities of our licenses — they have been carefully designed to work with all new technologies where copyright comes into play. No special or explicit permission regarding new technologies from a copyright perspective is required.

But what about privacy laws, rules governing ethical research, and data protection laws?

CC’s copyright licenses are not universal policy tools. Copyright is the primary obstacle to reuse that our licenses solve, but there are many other issues related to the reuse of content that our licenses do not address and that reusers should be aware of. These can include privacy and rules governing ethical research and the collection or use of data, which have to be addressed and respected separate and apart from the copyright issues that CC licenses cover.

What attribution obligations exist when CC-licensed images are included in a published dataset? Is linking to the original image or URI required, and if so, is it adequate?

It depends. First, keep in mind that CC licenses never limit uses that copyright doesn’t control. For example, as a general matter text and data mining in the United States is considered a fair use and does not require permission under copyright. This means that reusers engaged in text and data mining do not have to adhere to the marking and attribution requirements in our licenses for that activity even though we strongly recommend they do so anyway. A second example is linking. In some countries, linking to copyrighted content doesn’t require permission under copyright law, which means the CC license obligations do not come into play even though the linked content is CC-licensed.

Where a CC-licensed work is distributed as part of a database or dataset, and assuming copyright (or in the European Union, copyright or sui generis database rights) is triggered, then the license conditions must be respected. This means providing the required attribution information in a way that is reasonable under the circumstances. Our licenses allow for some flexibility, and in some cases that may be as simple as providing a link to the website where the relevant attribution information is provided. Visit our marking practices page for more information.

If a for-profit company uses CC-licensed content under a Non Commercial license and releases the work under terms that allow only research purposes, is the NC restriction violated?

This depends on whether any of the uses made of the works by the company, whether for profit or non profit, are primarily intended for commercial advantage or monetary compensation. This is hard to know without having all of the facts about how a work was used, whether internally by the company for its own purposes or how the work was distributed for further use. Visit our NC page for more information about what constitutes commercial and non commercial uses of works.

If NC-licensed content is redistributed to the public under an NC license, that distribution would not violate the NC clause. (Note that CC strongly discourages the use of any license terms other than a CC NC license for redistributions of NC-licensed content.)

If CC SA-licensed content is included in a database, does the entire database have to be licensed under an SA license?

CC licenses never require a reuser of a CC-licensed work to make the original work or resulting works (collections, derivatives, etc.) publicly available. There are lots of private reuses of works that are permitted by CC’s licenses that do not require compliance with their terms. Regarding ShareAlike, the condition only applies if a work is modified and if the work is shared publicly. In the situation where a reuser created a dataset of photos and made it publicly available, and assuming copyright permission is required, then what is released is likely a collection or compilation of pre-existing works. CC licenses do not require the collection or the compilation itself to be made available under an SA license, even though each individual work is still licensed individually under an SA license and if they were modified by the distributor the modified photo would need to be licensed under the same terms. For example, were Creative Commons to compile photographs from a photo sharing website under a BY-SA 2.0 license and create a database that it then publicly distributed, CC could license the collection as a whole under a BY license, but the photographs would continue to be licensed under BY-SA 2.0.

What, if any, remedies, do users have if they dislike how their photos or images have been reused?

Several remedies are potentially available. Some may be available if the CC license terms have been violated, and others may be available through other, separate avenues because they involve other laws or regulations that the CC licenses do not cover. It’s important to remember, however, that absent a violation of the license the permissions granted under the license remain in place and cannot be revoked.

  • Under the CC licenses, even if a license condition has not been violated licensors can ask that attribution to them be removed so they can distance themselves from the reuse.
  • For violations of a CC license term where the license was required (not a fair use, etc.) then you may have a claim for copyright infringement. Fortunately, in the CC community most license violations are handled amicably without resorting to the courts.
  • For claims involving laws and regulations other than copyright, recourse may be available depending on your local laws.

An important starting point for any would-be sharer of content under a CC license is to educate yourself in advance about how they work and what rights they do and do not cover. We have many FAQs on our website. We also provide human-readable deeds with links to the full text of our licenses. Additionally, all of our licenses highlight at the beginning many considerations that licensors should have in mind before they license, and considerations for reusers of works before they do so in order to avoid inadvertent violations.

Notes

  1. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).↩

#####EOF##### Announcing the First Round of Grants for the Community Activities Fund - Creative Commons
Creative Commons > Blog > Global affiliates > Announcing the First Round of Grants for the Community Activities Fund

Announcing the First Round of Grants for the Community Activities Fund

Simeon Oriko

August 1, 2017

Last month we announced the Community Activities Fund as part of our ongoing efforts to support the activities of CC communities and beyond. Creative Commons is committed to building and fostering a vibrant global commons through the activities and projects they undertake. Our fund was created in response to direct community requests, and we could not be happier to announce that the following projects have been granted financial support through this fund:

Uruguay: Copyright Reform Brochures

CC Uruguay is currently in the middle of a hard fight for a copyright reform in Uruguay that includes strengthening limitations to copyright for purposes of citation and parody, as well as exceptions for libraries and education, freedom of panorama, orphan works, and others. The CC Community Activities Fund will help the team print brochures that explain the copyright reform work and the CC Licenses.

Zimbabwe: First CC Community Meetup

Until recently, Zimbabwe did not have an active Creative Commons community. We’re supporting a small group to host the first CC event in Bulawayo which will bring together various stakeholders and interested parties with a view to kickstart a broader CC Zimbabwe team.

Uganda: OER Workshop

In Uganda, like many places in the developing world, access to education is increasingly limited to the few that can afford it as instructional resources becomes more exam-oriented and teacher centered. We’re supporting a team from Uganda to host an OER workshop for high school teachers to expose them to the benefits of OER and strategize how to adopt it in their schools.

Tanzania: CC Training for Young Lawyers and IT Students

Awareness-raising about Creative Commons remains a top priority in Tanzania, and the CC TZ team is  targeting young lawyers at the Institute of Judicial Administration (IJA) – Tanzania. Their goal is to train these lawyers on CC licenses and get them involved the in CC community in Tanzania, and globally.

India: CC Outreach to Startup and Business Communities

We received several applications from India and we’re glad to be supporting an initiative to reach out to the startup and business communities  in the Coimbatore and Bengaluru to talk about open issues.

Nepal: Introduction to Creative Commons Event

Until recently, Nepal is another country that hasn’t had an active CC presence. We’re supporting a team there to host a two day CC Nepal event themed “Introduction to Creative Commons in Nepal”. This event will be an orientation for students, researchers, lawyers, open advocates, activists and professionals from different fields about the core concepts of Creative Commons.

Ghana: Summer Open School

Returning to the theme of awareness-raising, a team in Ghana is planning a Summer Open School—a three day conference to bring students together and introduce them to the Open Movement, with lessons on two main subject areas: Creative Commons and Wikipedia. We’re supporting some of the logistics to put on this event.

So far, we’ve received and reviewed over 200 applications from all 5 regions around the globe. The highest number of applications came from USA, India, Nigeria, Canada, France, Tanzania, Australia and Ghana. Of those that applied for the grant, 76 applicants are CC affiliates and 128 are not CC affiliates.

The CC Community Activities Fund is still open and we’re receiving and reviewing applications. Please consider submitting an application.

Category:Global affiliates
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#####EOF##### Draft 2 of 4.0 Ready for Public Comment - Creative Commons
Creative Commons > Blog > Weblog > Draft 2 of 4.0 Ready for Public Comment

Draft 2 of 4.0 Ready for Public Comment

Diane Peters

August 1, 2012

Tower
Tower / Paul Holloway / CC BY-SA

We are pleased to post draft 2 of 4.0 for public discussion. This comes after several months of substantive conversations on a number of policy issues, with input solicited from our global community on the CC license-development list (archive), through affiliate consultations, via comments posted directly on our 4.0 wiki, and submissions to staff.

We fielded comments from an impressive number of jurisdictions — more than 50 by our estimate. The combined input reflects an incredibly diverse set of opinions and an equally diverse group of constituents. Individual creators, educators and educational institutions, governments, policy makers, academics and many others all added their voices to the conversation. We received a great deal of input and revision proposals, and people shared many informed (and sometimes passionate) opinions on a wide range of topics. And while compromise and consensus are not always achievable, we feel the decisions reflected in draft 2 are well grounded and considered.

Indeed, several decisions to leave existing 3.0 provisions unchanged (such as the scope of NonCommercial and ShareAlike, as well as the prohibition on TPMs) follow threads of consensus that emerged during the process. Moreover, they are consistent with our responsibility as a steward to avoid disrupting expectations absent a compelling justification and corresponding (anticipated) benefit. These outcomes also further the goals and objectives established for 4.0. We encourage a close review of the relevant pages on the 4.0 wiki for details on these decisions and more. Thanks to all who contributed to improving the 4.0 draft.

Although much progress has been made, policy and other topics remain that will benefit from your input before the next draft is published in October. Although we will be focusing much of the discussion on an identified set of issues, input on any topic or proposal of interest is welcome. Among others, we plan to solicit feedback and discuss branding and related proposals for the NC (and possibly ND) licenses, and to continue work toward compatibility with other licenses. We will also be examining in more detail how the licenses work with data and databases to ensure they operate smoothly and as expected.

Note that this 4.0d2 comment period is shorter than the previous, and is expected to close in early September.

Please contribute to this next important step in the versioning process, and watch for updates on this weblog. You can give your input on open issues and the current draft by joining and posting to the CC license development and versioning list, or by contributing ideas directly to the 4.0 wiki.

Thanks again for a productive comment period. We look forward to hearing from you in this second and equally important phase.

Category:Weblog

2 thoughts on “Draft 2 of 4.0 Ready for Public Comment”

  1. Good day,

    I am not sure if this has been covered : what about a creative commons license that is non-profit ? As in it works similarly to the creative commons non-commercial license but allows the user to recover costs of distribution of material ?

    The reason I suggest this, is that in many developing nations people still make extensive use of hard copy versions of freely available soft-copy data/products etc. There is a cost to make these hard copies. As I understand it the non-commercial license does not allow the exchange of any monies. So by reproducing a work that is under creative commons non-commercial they lose money, this often means that that these valuable works cannot get to those who need them as very few people can absorb the costs of reproduction.

    Whereas something along the line of ‘non-profit’ could mean that the organisation is allowed to ‘sell’ the work only so far as to recover the cost of reproduction, no profit or extra charges are allowed. I realise this could be used incorrectly but I feel it would at least allow NGOs etc to be more willing to reproduce these works that will help people. The would do this because they can do so legally without bankrupting them or taking away money from other activities, which is important in these tough funding times.

    An immediate example would be the reproduction of creative commons text books, user manuals etc, which involve not cost if used in their electronic format but can amount to a fair amount of money when they are made into hard copies.

    Thank you for all the hard work,
    Tyrel

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#####EOF##### Legal - Creative Commons
Creative Commons > What we do > Program areas > Legal

Legal

CC Legal’s top priority is to responsibly steward our licenses and public domain tools, ensuring that CC’s existing licenses and legal tools remain relevant, user-friendly, and as effective as possible in service of creators and reusers.

Our core activities in support of this priority include: maintaining and updating materials explaining how our legal tools operate, creating new tools when demand and need exist, translating our tools and core communication materials to ensure that as many people as possible can understand them, and strategically supporting CC’s involvement in copyright reform, advocacy, and policy developments that affect the way our legal tools work and the ecosystem in which they are used.

Current Projects

Enabling Open Access Publishing. With generous funding from Arcadia, a Charitable Project of Lisbet Rausing and Peter Baldwin, CC is researching the viability and usability of new legal tools for authors wanting to retain and regain their ability to publish their scholarship under Open Access terms and spearheading their development.

  • In 2017, we published the Termination of Transfer tool (the “ToT Tool”), which we now co-steward with Authors Alliance. This tool helps authors discover if and when they may have the right to terminate agreements they made with publishers to whom they assigned away their publication rights under U.S. law. Using the information provided by the ToT Tool and standard termination templates provided, an author can understand whether they may be able to regain their rights and publish their works under a CC license, if they choose. In 2017-2018, we worked to internationalize the ToT tool so that publication agreements governed by other countries’ laws may be terminated, as well. We launched the beta of the CC Rights Back Resource in April 2018, and are currently curating content from legal experts around the globe. This resource will allow authors to learn about ways they can terminate publication agreements when the laws of other countries apply. Learn more about both efforts here.
  • The CC Scholars Copyright Addendum Engine (SCAE) is now being rebuilt and updated on CC Labs. The form addenda are currently revised and under review by universities and others. When attached to a standard publication agreement and accepted by a publisher, an author retains rights to continue use of their articles for certain purposes and under certain terms. Learn more here. 
  • CC is exploring legal and technology mechanisms that enable authors to share their works on more open terms in the future. Following many years of engagement and analysis, we are documenting our research, learnings, and recommendations for future work in this area. Learn more here.

License Translations. CC actively supports and coordinates the official linguistic translations of our licenses and public domain tools in as many languages possible. Together with our global network community, we engage in a community-driven translation process that involves several rounds of editing and public review to best ensure the most accurate translation possible. Once a translation of a license or public domain tool is approved, it is designed to have the same full legal effect as the original English. In addition to those already published, there are more than 18 language translations of the licenses completed and many others on the way.

Legal Research Database. CC maintains databases of legal decisions and legal scholarship that pertain to CC licenses and public domain tools. A new database is under design that combines these resources into a single easily-searchable resource for academics as well as adopters and the public wanting to understand more about the enforceability and interpretation of CC licenses in courts of law.

#####EOF##### Arts / culture Archives - Creative Commons
Creative Commons > Blog > Arts / culture

Arts / culture

majd

Openness, Mapping, Democracy, and Reclaiming Narrative: Majd Al-shihabi in conversation

Majd Al-shihabi, the inaugural Bassel Khartabil Free Culture Fellow, is a Palestinian-Syrian systems design engineer focusing on the role of technology in urban systems and policy design. He is passionate about development, access to knowledge, user centered design, and the internet, and experiments with implementing tools and infrastructures that catalyze social change. He studied engineering at … Read More “Openness, Mapping, Democracy, and Reclaiming Narrative: Majd Al-shihabi in conversation”

Arts / culture

Los Angeles: CC and a panel of VR experts tackle the issue of social change in emerging media

Watch or listen to the recording on Vimeo, YouTube, or Soundcloud. On February 15, Creative Commons hosted an evening of demos, discussion, and drinks in Los Angeles called, “CC as a Vehicle for Social Change in Emerging & Immersive Media.” With 200 guests registered, the evening featured demos of three virtual reality social impact projects. They were: … Read More “Los Angeles: CC and a panel of VR experts tackle the issue of social change in emerging media”

Arts / culture

“No tool is better than the people”: CC artists in conversation on Collaboration, Community, and the Commons

We’ve been thinking about the role of Creative Commons in 2017, an era where much of digital sharing culture exists within walled garden platforms, with liking and commenting on insta-photos and sharing playlists that can only be streamed. In other words, the web has changed since CC initially launched in 2001, and we are grappling … Read More ““No tool is better than the people”: CC artists in conversation on Collaboration, Community, and the Commons”

Arts / culture
#####EOF##### Creative Commons Legal Code

Creative Commons

Creative Commons Legal Code

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#####EOF##### Creative Commons — Nevezd meg! - Így add tovább! 3.0 Unported — CC BY-SA 3.0
Ez az oldal az alábbi nyelveken érhető még el: Languages
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Creative Commons egyszerűsített licencváltozat

Nevezd meg! - Így add tovább! 3.0 Unported (CC BY-SA 3.0)

Ez a licenc közérthető nyelvi változata (mely nem helyettesíti az eredetit). Figyelmeztetés.

A műveket szabadon

  • Átdolgozhatod — származékos műveket hozhatsz létre, átalakíthatod és új művkbe építheted be
  • bármilyen – akár üzleti – célra is.
  • A jogosult nem vonhatja vissza ezen engedélyeket míg betartod a licenc feltételeit.

Az alábbi feltételekkel:

  • Nincsenek további megkötések — Nem szabhatsz meg más jogi vagy technológiai korlátozásokat melyek megakadályoznának bárkit abban hogy ezen licenc által engedélyezett bármely tevékenységeket folytassák.

Megjegyzések:

#####EOF##### Creative Commons — Uznanie autorstwa 4.0 Międzynarodowe — CC BY 4.0
Strona jest dostępna w następujących językach: Languages
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Uznanie autorstwa 4.0 Międzynarodowe (CC BY 4.0)

Poniższy tekst jest jedynie przystępnym podsumowaniem licencji (której nie zastępuje). Klauzula ograniczenia odpowiedzialności.

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  • dla dowolnego celu, także komercyjnego.
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Na następujących warunkach:

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#####EOF##### CC Affiliate Network - Creative Commons

CC Affiliate Network

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As of Apr 2017, Creative Commons is shifting from the current Affiliate Program to a new Global Network structure. This page contains all resources related to the Affiliates and the history of the CC Affiliates Network and will no longer be updated once the transition process is completed.

If you are interested in learning more about or interested in joining CC Global Network, please read this article. If you have any questions or requests regarding CC’s global network, please join our community channel on Slack or contact Simeon Oriko, Global Network Manager, at network@creativecommons.org.

Creative Commons Affiliate Network consists of 100+ affiliates with over 500 volunteers and community members who serve as CC representatives in over 85 countries.

The teams have a wide range of responsibilities, including public outreach, community building, translating information and tools, fielding inquiries, conducting research, communicating with the public, maintaining resources for CC users, and in general, promoting sharing and our mission. These teams have a formal relationship with Creative Commons via an agreement between organizations, universities or individuals in the jurisdiction and CC HQ.

Visit Affiliates page on the CC wiki for more information, including regional activities and history of our work.

List of Affiliates by Jurisdiction


The Licensing Suite

Creative Commons offers a core suite of six copyright licenses written to conform to international treaties governing copyright. The international licenses, as well as existing ported licenses, are all intended to be effective anywhere in the world, with the same effect. In the past, when it was demonstrated that a ported license was needed, Creative Commons worked with experts to craft a localized version of its six, core international licenses. Over 50 ported license suites exist. These ported licenses are based on and compatible with the international license suite, differing only in that they have been modified to reflect local nuances in how terms and conditions are expressed, drafting protocols and, of course, language. They are effective worldwide, as is the international license suite. The most recent international license suite available is 4.0. Version 4.0 will not be ported absent compelling circumstances; CC will begin considering requests to port the 4.0 suite in mid-2014.



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#####EOF##### NonCommercial interpretation - Creative Commons

NonCommercial interpretation

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THIS PAGE IS FOR INFORMATIONAL PURPOSES ONLY. CREATIVE COMMONS DOES NOT PROVIDE LEGAL ADVICE OR REPRESENTATION. CONSULT YOUR OWN LEGAL COUNSEL FOR LEGAL ADVICE.

The NonCommercial license element

The NonCommercial (“NC”) element is found in three of the six CC licenses: BY-NC, BY-NC-SA, and BY-NC-ND. In each of these licenses, NonCommercial is expressly defined as follows:

“NonCommercial means not primarily intended for or directed towards commercial advantage or monetary compensation.”

The definition is intent-based and intentionally flexible in recognition of the many possible factual situations and business models that may exist now or develop later. Clear-cut rules exist even though there may be gray areas, and debates have ensued over its interpretation. In practice, the number of actual conflicts between licensors and licensees over its meaning appear to be few. [1]

This page sets forth fundamentals of how the definition of NonCommercial operates and should be interpreted from CC’s perspective as the steward of the CC license suite. We provide some key points to consider before choosing an NC license for your own work or before using an NC-licensed work.

NonCommercial explained

Creative Commons NC licenses expressly define NonCommercial as “not primarily intended for or directed towards commercial advantage or monetary compensation.” [2] The inclusion of “primarily” in the definition recognizes that no activity is completely disconnected from commercial activity; it is only the primary purpose of the reuse that needs to be considered.

The definition of NonCommercial is intentionally flexible; the definition is specific enough to make its intended operation and reach clear, but versatile enough to cover a wide variety of use cases. Narrowly or exhaustively attempting to prescribe every permitted and prohibited activity is an impossible task and, in Creative Commons’ judgment, an ill-advised one. Thus, the definition sets out a principle for determining what uses do and do not qualify, but does not list specific use cases (aside from peer-to-peer file sharing). [3]

Key points about the NonCommercial licenses

The NonCommercial limitation applies to licensed uses only and does not restrict use by the licensor.

As with all CC licenses, the NC licenses only restrict what a reuser may do under the license and not what the licensor (rights holder) can do. Licensors that make their works available under an NC license are always free to monetize their works.

NonCommercial turns on the use, not the identity of the reuser.

The definition of NonCommercial depends on the primary purpose for which the work is used, not on the category or class of reuser. [4] Specifically, a reuser need not be in education, in government, an individual, or a recognized charity/nonprofit in the relevant jurisdiction in order to use an NC-licensed work. A reuser that is not obviously noncommercial in nature may use NC-licensed content if its use is NonCommercial in accordance with the definition. The context and purpose of the use is relevant when making the determination, but no class of reuser is per se permitted or excluded from using an NC-licensed work.

Reusers may make NonCommercial uses only, even when reusing NC material with other works.

The NC licenses limit reusers to NonCommercial uses of the work only, which includes when the work is used in a collection or when it is adapted. For example, an NC essay may not be included as part of a collection in a commercially distributed book of essays, even if it is only a small portion of the book. For an example of an adaptation, an NC song may be used as the basis for a video where the visual elements are under a different license such as the BY license. When the music video is distributed as a whole, it may not be used commercially because of the NC license of the song.

The NonCommercial term does not limit uses otherwise allowed by limitations and exceptions to copyright.

Nothing in the NC licenses (or any CC license) controls or conditions uses—even commercial uses—covered by an exception or limitation to copyright or similar rights, or otherwise controls any activity for which no permission under such rights is required. For example, a person may commercially use an NC-licensed work for purposes of criticism in jurisdictions where this is a fair use or otherwise covered by an exception to copyright. Similarly, because posting a link to a work does not require permission under copyright, a for-profit university may still include a link to NC-licensed courseware in a syllabus or on its paywalled website. In such cases, the CC license never comes into play and the NC restriction (and other limitations or conditions contained in the license) may be disregarded.

Explanations of NC do not modify the CC license.

Some licensors or website providers state expectations or interpretations about what NC means. Those explanations never form part of the CC license, even if included in terms of service or another resource designed to contractually bind reusers. CC strongly discourages the practice when such statements carve back (rather than expand) on reuses allowed by the NC definition or contradict the plain meaning of the licenses. When those statements are intended to bind reusers or to modify the CC license, no CC trademarks may be associated with either the work or the terms under which it is offered. For more information about CC’s license modification policy, visit this page.

NonCommercial licenses are non-exclusive.

Like all CC licenses, the NC licenses are non-exclusive. This means that an NC licensor is free to offer the material under other terms, including on commercial terms. A frequently discussed use case for the NC licenses is a creator who wishes to allow NonCommercial use but also authorizes commercial uses in exchange for payment. (Additional permissions such as this may always be offered; licensors may also use our CC+ protocol to offer these in a standardized manner.) Also, licensees are always free to contact licensors to ask permission to use the work for commercial purposes.

For a given work, permitted NC uses may still be restricted due to non-copyright rights.

Even if a use is NonCommercial for purposes of the CC license, it may still not be permitted because of other rights that prevent that particular use of the work. For example, a use that is otherwise NonCommercial could violate the publicity or personality rights of an individual featured in the work.

Choosing NC for your content

Before opting to use an NC license for your material, consider the following:

  • The NC licenses may not permit some uses of your work that you would like others to make. For example, not all educational uses are necessarily NonCommercial uses, so your use of an NC license may preclude use of your work in some educational contexts.
  • The NC licenses may not be compatible for remixing with many works. For example, a person may not remix BY-SA content (such as Wikipedia content) with BY-NC content. For more information, please see the FAQ entry and chart.
  • Consider whether you have a commercial licensing stream -- or expect to have such a licensing stream -- that you want to protect, and whether the NC limitation accomplishes your goals. The NC licenses may not adequately protect that stream or other uses that you wish to restrict. For example, NC licensing does not stop commercial uses covered by limitations and exceptions (such as fair uses), and even noncommercial uses could affect the commercial market for your work.
  • NC licenses may not be permitted under policies of institutions or publications you wish to create content for, or in line with the terms of grants that fund your work. Similarly, consider whether your publisher or any collecting society of which you are a member allows you to use a NonCommercial license, if any CC license at all, and how that affects your ability to collect royalties for commercial uses of your work. Keep in mind that CC’s definition of NonCommercial may differ from the definition used by your publisher or collecting society, so even if you can license your work for noncommercial purposes you may not be able to use CC’s NC licenses.
  • Policymakers may wish to consider reasons supporting the use of a less restrictive license (such as BY) or the public domain (CC0) for publicly funded materials, and promote those options. The Open Policy Network provides resources with more information for finding out who uses these policies, and why.
  • NC licenses do not qualify as “open licenses” under the Open Definition, and works licensed under an NC license are not considered Free Cultural Works. This may be important if you want others to further distribute your work on Wikipedia, Wikimedia Commons, or other platforms requiring a license that meets the Open Definition or the Definition of Free Cultural Works.

Disclaimer: THIS PAGE IS FOR INFORMATIONAL PURPOSES ONLY. CREATIVE COMMONS DOES NOT PROVIDE LEGAL ADVICE OR REPRESENTATION. CONSULT YOUR OWN LEGAL COUNSEL FOR LEGAL ADVICE.

Footnotes

  1. ↑ This conclusion is borne out by the Defining Noncommercial Study.
  2. ↑ “Private” (formerly preceding “monetary compensation”) was removed in version 4.0. This change did not alter the meaning but instead removed an irrelevant and potentially confusing term. It is the only change made in version 4.0 to the definition among all versions of the CC NonCommercial licenses.
  3. ↑ This use case, which has remained essentially unchanged across all license versions, provides that the exchange of an NC-licensed work for another copyrighted work via peer-to-peer file sharing networks or otherwise is not a violation of the NC term provided no compensation changes hands.
  4. ↑ There are likely more uses that nonprofit entities can make of an NC-licensed work and not be viewed as violating the NC term, but any interpretation of NonCommercial that assumes all uses by for-profit entities are automatically commercial conflicts with the plain language of the definition.
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#####EOF##### Public reports - Creative Commons

Public reports

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The purpose of this portal is to provide transparent access to public documents concerning the financial status and governance of the Creative Commons organization.

Governance documents

Policies for staff, board and officers, and community members

Other policies

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#####EOF##### Creative Commons Legal Code

Creative Commons Legal Code

Attribution-ShareAlike 3.0 Unported

CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.

License

THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.

BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.

1. Definitions

  1. "Adaptation" means a work based upon the Work, or upon the Work and other pre-existing works, such as a translation, adaptation, derivative work, arrangement of music or other alterations of a literary or artistic work, or phonogram or performance and includes cinematographic adaptations or any other form in which the Work may be recast, transformed, or adapted including in any form recognizably derived from the original, except that a work that constitutes a Collection will not be considered an Adaptation for the purpose of this License. For the avoidance of doubt, where the Work is a musical work, performance or phonogram, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered an Adaptation for the purpose of this License.
  2. "Collection" means a collection of literary or artistic works, such as encyclopedias and anthologies, or performances, phonograms or broadcasts, or other works or subject matter other than works listed in Section 1(f) below, which, by reason of the selection and arrangement of their contents, constitute intellectual creations, in which the Work is included in its entirety in unmodified form along with one or more other contributions, each constituting separate and independent works in themselves, which together are assembled into a collective whole. A work that constitutes a Collection will not be considered an Adaptation (as defined below) for the purposes of this License.
  3. "Creative Commons Compatible License" means a license that is listed at https://creativecommons.org/compatiblelicenses that has been approved by Creative Commons as being essentially equivalent to this License, including, at a minimum, because that license: (i) contains terms that have the same purpose, meaning and effect as the License Elements of this License; and, (ii) explicitly permits the relicensing of adaptations of works made available under that license under this License or a Creative Commons jurisdiction license with the same License Elements as this License.
  4. "Distribute" means to make available to the public the original and copies of the Work or Adaptation, as appropriate, through sale or other transfer of ownership.
  5. "License Elements" means the following high-level license attributes as selected by Licensor and indicated in the title of this License: Attribution, ShareAlike.
  6. "Licensor" means the individual, individuals, entity or entities that offer(s) the Work under the terms of this License.
  7. "Original Author" means, in the case of a literary or artistic work, the individual, individuals, entity or entities who created the Work or if no individual or entity can be identified, the publisher; and in addition (i) in the case of a performance the actors, singers, musicians, dancers, and other persons who act, sing, deliver, declaim, play in, interpret or otherwise perform literary or artistic works or expressions of folklore; (ii) in the case of a phonogram the producer being the person or legal entity who first fixes the sounds of a performance or other sounds; and, (iii) in the case of broadcasts, the organization that transmits the broadcast.
  8. "Work" means the literary and/or artistic work offered under the terms of this License including without limitation any production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression including digital form, such as a book, pamphlet and other writing; a lecture, address, sermon or other work of the same nature; a dramatic or dramatico-musical work; a choreographic work or entertainment in dumb show; a musical composition with or without words; a cinematographic work to which are assimilated works expressed by a process analogous to cinematography; a work of drawing, painting, architecture, sculpture, engraving or lithography; a photographic work to which are assimilated works expressed by a process analogous to photography; a work of applied art; an illustration, map, plan, sketch or three-dimensional work relative to geography, topography, architecture or science; a performance; a broadcast; a phonogram; a compilation of data to the extent it is protected as a copyrightable work; or a work performed by a variety or circus performer to the extent it is not otherwise considered a literary or artistic work.
  9. "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
  10. "Publicly Perform" means to perform public recitations of the Work and to communicate to the public those public recitations, by any means or process, including by wire or wireless means or public digital performances; to make available to the public Works in such a way that members of the public may access these Works from a place and at a place individually chosen by them; to perform the Work to the public by any means or process and the communication to the public of the performances of the Work, including by public digital performance; to broadcast and rebroadcast the Work by any means including signs, sounds or images.
  11. "Reproduce" means to make copies of the Work by any means including without limitation by sound or visual recordings and the right of fixation and reproducing fixations of the Work, including storage of a protected performance or phonogram in digital form or other electronic medium.

2. Fair Dealing Rights. Nothing in this License is intended to reduce, limit, or restrict any uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.

3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:

  1. to Reproduce the Work, to incorporate the Work into one or more Collections, and to Reproduce the Work as incorporated in the Collections;
  2. to create and Reproduce Adaptations provided that any such Adaptation, including any translation in any medium, takes reasonable steps to clearly label, demarcate or otherwise identify that changes were made to the original Work. For example, a translation could be marked "The original work was translated from English to Spanish," or a modification could indicate "The original work has been modified.";
  3. to Distribute and Publicly Perform the Work including as incorporated in Collections; and,
  4. to Distribute and Publicly Perform Adaptations.

  5. For the avoidance of doubt:

    1. Non-waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme cannot be waived, the Licensor reserves the exclusive right to collect such royalties for any exercise by You of the rights granted under this License;
    2. Waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme can be waived, the Licensor waives the exclusive right to collect such royalties for any exercise by You of the rights granted under this License; and,
    3. Voluntary License Schemes. The Licensor waives the right to collect royalties, whether individually or, in the event that the Licensor is a member of a collecting society that administers voluntary licensing schemes, via that society, from any exercise by You of the rights granted under this License.

The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. Subject to Section 8(f), all rights not expressly granted by Licensor are hereby reserved.

4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:

  1. You may Distribute or Publicly Perform the Work only under the terms of this License. You must include a copy of, or the Uniform Resource Identifier (URI) for, this License with every copy of the Work You Distribute or Publicly Perform. You may not offer or impose any terms on the Work that restrict the terms of this License or the ability of the recipient of the Work to exercise the rights granted to that recipient under the terms of the License. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties with every copy of the Work You Distribute or Publicly Perform. When You Distribute or Publicly Perform the Work, You may not impose any effective technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise the rights granted to that recipient under the terms of the License. This Section 4(a) applies to the Work as incorporated in a Collection, but this does not require the Collection apart from the Work itself to be made subject to the terms of this License. If You create a Collection, upon notice from any Licensor You must, to the extent practicable, remove from the Collection any credit as required by Section 4(c), as requested. If You create an Adaptation, upon notice from any Licensor You must, to the extent practicable, remove from the Adaptation any credit as required by Section 4(c), as requested.
  2. You may Distribute or Publicly Perform an Adaptation only under the terms of: (i) this License; (ii) a later version of this License with the same License Elements as this License; (iii) a Creative Commons jurisdiction license (either this or a later license version) that contains the same License Elements as this License (e.g., Attribution-ShareAlike 3.0 US)); (iv) a Creative Commons Compatible License. If you license the Adaptation under one of the licenses mentioned in (iv), you must comply with the terms of that license. If you license the Adaptation under the terms of any of the licenses mentioned in (i), (ii) or (iii) (the "Applicable License"), you must comply with the terms of the Applicable License generally and the following provisions: (I) You must include a copy of, or the URI for, the Applicable License with every copy of each Adaptation You Distribute or Publicly Perform; (II) You may not offer or impose any terms on the Adaptation that restrict the terms of the Applicable License or the ability of the recipient of the Adaptation to exercise the rights granted to that recipient under the terms of the Applicable License; (III) You must keep intact all notices that refer to the Applicable License and to the disclaimer of warranties with every copy of the Work as included in the Adaptation You Distribute or Publicly Perform; (IV) when You Distribute or Publicly Perform the Adaptation, You may not impose any effective technological measures on the Adaptation that restrict the ability of a recipient of the Adaptation from You to exercise the rights granted to that recipient under the terms of the Applicable License. This Section 4(b) applies to the Adaptation as incorporated in a Collection, but this does not require the Collection apart from the Adaptation itself to be made subject to the terms of the Applicable License.
  3. If You Distribute, or Publicly Perform the Work or any Adaptations or Collections, You must, unless a request has been made pursuant to Section 4(a), keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or if the Original Author and/or Licensor designate another party or parties (e.g., a sponsor institute, publishing entity, journal) for attribution ("Attribution Parties") in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; (ii) the title of the Work if supplied; (iii) to the extent reasonably practicable, the URI, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and (iv) , consistent with Ssection 3(b), in the case of an Adaptation, a credit identifying the use of the Work in the Adaptation (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). The credit required by this Section 4(c) may be implemented in any reasonable manner; provided, however, that in the case of a Adaptation or Collection, at a minimum such credit will appear, if a credit for all contributing authors of the Adaptation or Collection appears, then as part of these credits and in a manner at least as prominent as the credits for the other contributing authors. For the avoidance of doubt, You may only use the credit required by this Section for the purpose of attribution in the manner set out above and, by exercising Your rights under this License, You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Original Author, Licensor and/or Attribution Parties, as appropriate, of You or Your use of the Work, without the separate, express prior written permission of the Original Author, Licensor and/or Attribution Parties.
  4. Except as otherwise agreed in writing by the Licensor or as may be otherwise permitted by applicable law, if You Reproduce, Distribute or Publicly Perform the Work either by itself or as part of any Adaptations or Collections, You must not distort, mutilate, modify or take other derogatory action in relation to the Work which would be prejudicial to the Original Author's honor or reputation. Licensor agrees that in those jurisdictions (e.g. Japan), in which any exercise of the right granted in Section 3(b) of this License (the right to make Adaptations) would be deemed to be a distortion, mutilation, modification or other derogatory action prejudicial to the Original Author's honor and reputation, the Licensor will waive or not assert, as appropriate, this Section, to the fullest extent permitted by the applicable national law, to enable You to reasonably exercise Your right under Section 3(b) of this License (right to make Adaptations) but not otherwise.

5. Representations, Warranties and Disclaimer

UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.

6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Termination

  1. This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Adaptations or Collections from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
  2. Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.

8. Miscellaneous

  1. Each time You Distribute or Publicly Perform the Work or a Collection, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
  2. Each time You Distribute or Publicly Perform an Adaptation, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
  3. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
  4. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
  5. This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
  6. The rights granted under, and the subject matter referenced, in this License were drafted utilizing the terminology of the Berne Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on July 24, 1971). These rights and subject matter take effect in the relevant jurisdiction in which the License terms are sought to be enforced according to the corresponding provisions of the implementation of those treaty provisions in the applicable national law. If the standard suite of rights granted under applicable copyright law includes additional rights not granted under this License, such additional rights are deemed to be included in the License; this License is not intended to restrict the license of any rights under applicable law.

Creative Commons Notice

Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.

Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, Creative Commons does not authorize the use by either party of the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time. For the avoidance of doubt, this trademark restriction does not form part of the License.

Creative Commons may be contacted at https://creativecommons.org/.

#####EOF##### ShareAlike compatibility: GPLv3 - Creative Commons

ShareAlike compatibility: GPLv3

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This page documents the primary decisions made by Creative Commons when considering the GNU General Public License version 3 (the "GPL") for one-way ShareAlike compatibility pursuant to the compatibility process and criteria.

Timeline

  • The GPL was proposed by CC and the Free Software Foundation as a candidate for one-way compatibility on 29 January 2015.
  • CC published a preliminary analysis of compatibility with GPL on its wiki.
  • Public discussion period ran from 29 January to 2 April 2015.
  • Compatibility determination published on __ September 2015 and GPLv3 added to the CC compatible license page

License texts analyzed

How one-compatibility operates

When someone creates an adaptation of a BY-SA licensed work and includes it in a GPLv3-licensed project, both licenses apply and downstream users must comply with both licenses. However, Section 2(a)(5)(B) of BY-SA 4.0 allows anyone who receives the adapted material downstream to satisfy the conditions of both BY-SA and GPLv3 (i.e. attribution and ShareAlike) in the manner dictated by the GPLv3.

People may *not* adapt a GPLv3-licensed work and use BY-SA to license their contributions. This is not allowed by GPLv3. Thus, this compatibility determination only allows movement one way, from BY-SA 4.0 to GPLv3.

For more information, see the compatibility-specific FAQs and explanatory information here. We also encourage you to read this list of considerations before applying the GPLv3 as the adapter’s license.

Gatekeeping determination

In 2008, Creative Commons published the CC Attribution-ShareAlike Statement of Intent, in which CC articulated its intentions as steward for the SA licenses. In point 4 of the statement, CC commits that "any candidate for compatibility must also satisfy the definition of a Free Cultural License set out in the Definition of Free Cultural Works." This criteria serves as the initial gatekeeping factor for all candidate licenses.

The General Public License v.3 is listed as a Free Cultural License, and conforms to the Open Definition.

Policy decisions

Attribution

The specific attribution and marking requirements in the two licenses vary slightly.

BY-SA 4.0 requires:

  1. creator and attribution parties (if supplied)
  2. copyright notice (if supplied)
  3. license notice (if supplied)
  4. disclaimer notice (if supplied)
  5. URI or link to the licensed material (if supplied)
  6. indicate and link to license

If you change the work, BY-SA also requires you to indicate that you did so and retain any notice on the work about previous changes made to it. BY-SA requires reusers to remove attribution if practicable when requested by the licensor.

GPLv3 requires:

  1. copyright notice
  2. license notices and notice of Section 7 additional conditions (if supplied)
  3. notices about lack of warranty (if supplied)
  4. copy of the license

If you change the work, GPL requires you include a prominent notice to indicate that you did so, along with the relevant date. It also requires special notices for certain interactive user interfaces. GPLv3 does not have an attribution removal clause.

When BY-SA 4.0 content is adapted and used in a GPLv3-licensed project, the adapter has to comply with the BY-SA attribution and marking requirements. However, Section 2(a)(5)(B) of BY-SA 4.0 enables downstream reusers of the GPL-licensed project to look to the GPL to satisfy their obligations under both licenses. CC determined that GPL-style attribution would satisfy the expectations of BY-SA licensors.

License scope

The tone and scope of the two licenses differ, due largely to the fact that the GPLv3 was designed for use with software and software-like works. Both licenses are primarily designed to license copyright, but each license also covers some rights closely related to copyright. GPL covers “copyright-like laws that apply to other kinds of works, such as semiconductor masks,” while BY-SA covers “Copyright and Similar Rights,” which is defined to include neighboring rights, sui generis database rights, and other closely-related rights.

The most significant difference in license scope is the treatment of patent rights. BY-SA expressly reserves patent rights to the licensor, while GPLv3 expressly includes a patent grant from each contributor.

Because patent rights are expressly excluded from BY-SA, there is no reliable claim of an implied license to do things with a BY-SA licensed work that implicate patent rights. From a compatibility perspective, this means that when a BY-SA work is adapted and included in a GPL-licensed project, downstream users of the project would not have patent rights (if any) to the adapted BY-SA work. (Although the GPL includes a patent license, the scope of rights licensed by the BY-SA licensor cannot be unilaterally expanded by an adapter who choses to apply the GPL, just as it is not expanded when an adapter applies a later version of BY-SA that licenses more rights than the original.)

This creates the possibility that a downstream user of a GPL project will mistakenly assume that all patent rights are treated as they are in GPLv3 when in fact they are not. We have determined, however, that this should not prevent a determination of one-way compatibility because it is largely an academic problem. Rarely (if ever) would a BY-SA work be subject to patent rights that would be implicated by reproducing or adapting the content.

Source

The GPL requires that works be distributed with source or that source be made available (with “source” being the preferred form for making modifications to the work). BY-SA does not impose a similar requirement. Instead, BY-SA licensors are free to distribute their works in any format, whether or not modifiable.

With one-way compatibility to the GPL, no new obligations are imposed under the BY-SA license, either upon the original licensor or any downstream adapter who wishes to license their contributions under the GPL instead of BY-SA. However, those who adapt BY-SA works and choose to license their contributions under the GPL do, however, have to comply with the GPL obligation to distribute or make available the work in the preferred form for making modifications. If an adapter cannot provide or make available source either because she never received the work in modifiable format from the BY-SA licensor or cannot convert the content to modifiable format, then that person cannot take advantage of the one-way compatibility declaration and use the GPLv3 for her contributions.

Effective technological measures

BY-SA prohibits application of ETMs by licensees if those measures would prevent others from exercising their rights under the license. In contrast, the GPL does not explicitly prohibit application of DRM and other ETMs. Instead, it addresses any potential lockdown of licensed works by requiring distribution of source code in a modifiable form.

This difference is not problematic, because in order to comply with GPLv3 the adapter must provide source. As stated in the previous section, if an adapter cannot provide or make source available, she cannot take advantage of the one-way compatibility declaration and may not use GPLv3 for her contributions.

License termination

Both licenses terminate automatically upon breach. BY-SA 4.0 is reinstated automatically if the violation is cured within 30 days of discovery, whether it is the first violation or one of several subsequent violations. GPLv3 is reinstated automatically for first-time violators who cure within 30 days of receiving notice of the violation from the copyright holder, and is reinstated after subsequent violations if it has been corrected for 60 days without the licensor's objection. This difference means that a user of a combined BY-SA adaptation and GPL work may have the right to use some portion but not all portions of the larger work, depending on whether rights have been reinstated under the respective licenses. In practice, however, this difference is not overly problematic and is not be an obstacle to declaring one-way compatibility, since the large majority of licensors and licensees in both communities resolve license violations amicably.

Option to comply with later versions

GPLv3 gives licensees the option to comply with a later version of the GPL if the licensor has so specified, or to use *any* version of the GPL if no version number was specified, regardless of whether the work has been adapted. BY-SA 4.0 allows licensees to comply with the conditions of future versions of BY-SA, but only if that version was applied to an adaptation of the work. Because this compatibility determination is limited to version 3 of the GPL, reusers that adapt BY-SA 4.0 content and incorporate it into GPL-licensed projects are only able to use GPLv3 unless and until other GPL versions are declared compatible. With solid education for both communities and encouragement of clear marking by licensors, we do not feel this is an obstacle to compatibility.

GPL licensors who are concerned with enabling use under later versions do have the option of using the proxy provision in the GPLv3 to address this limitation. Section 14 of GPLv3 allows licensors to specify a proxy to determine whether future versions of the GPL can be used. Therefore, if someone adapts a BY-SA 4.0 work and incorporates it into a GPLv3-licensed project, they can specify Creative Commons as their proxy (via http://creativecommons.org/compatiblelicenses) so that if and when Creative Commons determines that a future version of the GPL is a compatible license, the adapted and combined work could be used under that later version of GPL.

Related policy notes

Creative Commons consulted extensively with the Free Software Foundation during the 4.0 versioning process, as well as throughout the compatibility process on the policy matters described above. The final determination and policy statements above reflect the best interpretations by both stewards of their respective licenses.

Considerations for adapters applying the GPLv3

Because of the limited one-way nature of this compatibility determination and because GPLv3 is designed for software, there are a few particular considerations to take into account before applying the GPLv3 as the adapter’s license when adapting BY-SA 4.0 works.

  • This one-way compatibility mechanism with GPLv3 is not for general use. It was designed to help solve a specific problem for those working in niche areas where content is adapted and melded with code. Please take advantage of it only when you are adapting BY-SA 4.0 works and incorporating the adaptation into GPLv3 software in ways that make it difficult or impossible for downstream users to distinguish the content from code.
  • BY-SA does not include a patent license. We recommend against applying GPLv3 if you have any reason to suspect that any patent rights held by the original BY-SA 4.0 licensor could pose a problem for downstream users.
  • BY-SA 4.0 works may not be available in the preferred form for making modifications. Do not apply the GPLv3 if you cannot comply with the source requirement in the GPL.
  • This compatibility determination only applies to BY-SA 4.0 and GPLv3. You must specify version 3 of the GPL when redistributing a GPL project into which BY-SA 4.0 content is adapted. Please see above for information on how to deal with this if you are particularly concerned with enabling compatibility with future versions of the GPL.

Notes

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#####EOF##### About The Licenses - Creative Commons

About The Licenses

Creative Commons has updated its Master Terms of Service and Master Privacy Policy, effective November 7, 2017. Before continuing on our websites or using our services, please review.

What our licenses do

The Creative Commons copyright licenses and tools forge a balance inside the traditional “all rights reserved” setting that copyright law creates. Our tools give everyone from individual creators to large companies and institutions a simple, standardized way to grant copyright permissions to their creative work. The combination of our tools and our users is a vast and growing digital commons, a pool of content that can be copied, distributed, edited, remixed, and built upon, all within the boundaries of copyright law.

License design and rationale

All Creative Commons licenses have many important features in common. Every license helps creators — we call them licensors if they use our tools — retain copyright while allowing others to copy, distribute, and make some uses of their work — at least non-commercially. Every Creative Commons license also ensures licensors get the credit for their work they deserve. Every Creative Commons license works around the world and lasts as long as applicable copyright lasts (because they are built on copyright). These common features serve as the baseline, on top of which licensors can choose to grant additional permissions when deciding how they want their work to be used.

A Creative Commons licensor answers a few simple questions on the path to choosing a license — first, do I want to allow commercial use or not, and then second, do I want to allow derivative works or not? If a licensor decides to allow derivative works, she may also choose to require that anyone who uses the work — we call them licensees — to make that new work available under the same license terms. We call this idea “ShareAlike” and it is one of the mechanisms that (if chosen) helps the digital commons grow over time. ShareAlike is inspired by the GNU General Public License, used by many free and open source software projects.

Our licenses do not affect freedoms that the law grants to users of creative works otherwise protected by copyright, such as exceptions and limitations to copyright law like fair dealing. Creative Commons licenses require licensees to get permission to do any of the things with a work that the law reserves exclusively to a licensor and that the license does not expressly allow. Licensees must credit the licensor, keep copyright notices intact on all copies of the work, and link to the license from copies of the work. Licensees cannot use technological measures to restrict access to the work by others.

Try out our simple License Chooser.

Three “Layers” Of Licenses

Machine Readable

Human Readable

But since most creators, educators, and scientists are not in fact lawyers, we also make the licenses available in a format that normal people can read — the Commons Deed (also known as the “human readable” version of the license). The Commons Deed is a handy reference for licensors and licensees, summarizing and expressing some of the most important terms and conditions. Think of the Commons Deed as a user-friendly interface to the Legal Code beneath, although the Deed itself is not a license, and its contents are not part of the Legal Code itself.

The final layer of the license design recognizes that software, from search engines to office productivity to music editing, plays an enormous role in the creation, copying, discovery, and distribution of works. In order to make it easy for the Web to know when a work is available under a Creative Commons license, we provide a “machine readable” version of the license — a summary of the key freedoms and obligations written into a format that software systems, search engines, and other kinds of technology can understand. We developed a standardized way to describe licenses that software can understand called CC Rights Expression Language (CC REL) to accomplish this.

Searching for open content is an important function enabled by our approach. You can use Google to search for Creative Commons content, look for pictures at Flickr, albums at Jamendo, and general media at spinxpress. The Wikimedia Commons, the multimedia repository of Wikipedia, is a core user of our licenses as well.

Taken together, these three layers of licenses ensure that the spectrum of rights isn’t just a legal concept. It’s something that the creators of works can understand, their users can understand, and even the Web itself can understand.

The Licenses

Attribution
CC BY

This license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. This is the most accommodating of licenses offered. Recommended for maximum dissemination and use of licensed materials.

View License Deed | View Legal Code

Attribution-ShareAlike
CC BY-SA

This license lets others remix, tweak, and build upon your work even for commercial purposes, as long as they credit you and license their new creations under the identical terms. This license is often compared to “copyleft” free and open source software licenses. All new works based on yours will carry the same license, so any derivatives will also allow commercial use. This is the license used by Wikipedia, and is recommended for materials that would benefit from incorporating content from Wikipedia and similarly licensed projects.

View License Deed | View Legal Code

Attribution-NoDerivs
CC BY-ND

This license lets others reuse the work for any purpose, including commercially; however, it cannot be shared with others in adapted form, and credit must be provided to you.

View License Deed | View Legal Code

Attribution-NonCommercial
CC BY-NC

This license lets others remix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge you and be non-commercial, they don’t have to license their derivative works on the same terms.

View License Deed | View Legal Code

Attribution-NonCommercial-ShareAlike
CC BY-NC-SA

This license lets others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms.

View License Deed | View Legal Code

Attribution-NonCommercial-NoDerivs
CC BY-NC-ND

This license is the most restrictive of our six main licenses, only allowing others to download your works and share them with others as long as they credit you, but they can’t change them in any way or use them commercially.

View License Deed | View Legal Code

We also provide tools that work in the “all rights granted” space of the public domain. Our CC0 tool allows licensors to waive all rights and place a work in the public domain, and our Public Domain Mark allows any web user to “mark” a work as being in the public domain.

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#####EOF##### Creative Commons — অ্যাট্রিবিউশন-শেয়ার অ্যালাইক 3.0 আনপোর্টেড — CC BY-SA 3.0
পৃষ্ঠাটি নিন্মোক্ত ভাষায় বিদ্যমান রয়েছে: Languages
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ক্রিয়েটিভ কমন্স লাইসেন্স লেখপ্রমাণ

অ্যাট্রিবিউশন-শেয়ার অ্যালাইক 3.0 আনপোর্টেড (CC BY-SA 3.0)

এটি মানুষের পাঠযোগ্য লাইসেন্সের (এবং কোন প্রতিস্থাপন নয়) সারসংক্ষেপ। দাবিত্যাগ.

আপনি স্বাধীনভাবে:

  • অভিযোজিত করতে পারেন — পুনঃমিশ্রণ, রূপান্তর ও উপাদানের উপর নির্ভর করে কাজ করতে পারেন
  • যে কোনো উদ্দেশ্যে, এমনকি ব্যবসায়িক উদ্দেশ্যেও।
  • লাইসেন্সকারী এই স্বাধীনতাগুলি প্রত্যাহার করতে পারবেন না যতক্ষণ পর্যন্ত আপনি লাইসেন্সের শর্তাবলী অনুসরণ করছেন।

নিম্নলিখিত শর্তাবলীর অধীনে:

  • অ্যাট্রিবিউশন — আপনাকে অবশ্যই যথাযথ কৃতিত্ব দিতে হবে, লাইসেন্সের একটি লিঙ্ক প্রদান করতে হবে, এবং কোন পরিবর্তন করা হলে তা নির্দেশ করতে হবে। আপনি যে কোন যুক্তিসঙ্গত পদ্ধতিতে তা করতে পারেন, কিন্তু এমন কোন পদ্ধতিতে নয় যাতে মনে হয় লাইসেন্সকারী আপনাকে বা আপনার এই ব্যবহারের জন্য অনুমোদন দিয়েছেন।

  • একইভাবে বণ্টন — আপনি যদি কাজটি পরিবর্তন, রুপান্তর, বা কাজটির ওপর ভিত্তি করে কিছু তৈরি করেন, তবে আপনাকে অবশ্যই আপনার অবদান মূল লাইসেন্সের মত একই রকমের লাইসেন্সের আওতায় বিতরণ করতে হবে।

  • কোনো বাড়তি বিধিনিষেধ নয় — আপনি আইনি শর্তাদি বা প্রযুক্তিগত পরিমাপ প্রয়োগ করতে পারবেন না যা লাইসেন্সের অনুমতিপত্রে বৈধভাবে কোন কিছু করা থেকে অন্যদের সীমাবদ্ধ করে।

বিজ্ঞপ্তিসমূহ:

  • আপনাকে পাবলিক ডোমেইনে থাকা বিষয়বস্তুর উপাদানের জন্য লাইসেন্স মেনে চলতে হবে না বা সেখানে যেখানে আপনার ব্যবহার একটি প্রযোজ্য ব্যতিক্রম বা সীমাবদ্ধতা দ্বারা অনুমোদিত।
  • কোন ওয়ারেন্টি দেয়া হয়নি। লাইসেন্সটি আপনাকে আপনার উদ্দেশ্যে ব্যবহার করার জন্য প্রয়োজনীয় সমস্ত অনুমতি নাও প্রদান করতে পারে। উদাহরণস্বরূপ, অন্যান্য অধিকারগুলি যেমন প্রচার, গোপনীয়তা বা নৈতিক অধিকারগুলি আপনি কীভাবে উপাদান ব্যবহার করেন তার উপর ভিত্তি করে সীমিত হতে পারে।
#####EOF##### World Bank stakes leadership position by announcing Open Access Policy and launching Open Knowledge Repository under Creative Commons - Creative Commons
Creative Commons > Blog > Weblog > World Bank stakes leadership position by announcing Open Access Policy and launching Open Knowledge Repository under Creative Commons

World Bank stakes leadership position by announcing Open Access Policy and launching Open Knowledge Repository under Creative Commons

Diane Peters

April 10, 2012

The World Bank has announced a new Open Access Policy! Effective July 1, 2012, the Open Access Policy requires that all research outputs and knowledge products published by the Bank be licensed Creative Commons Attribution license (CC BY) as a default. Today, as the first phase of this policy is unfolded, the Bank launched a new Open Knowledge Repository with more than 2,000 books, articles, reports and research papers under CC BY. President of the World Bank Group, Robert B. Zoellick, said in the press release:

“Knowledge is power. Making our knowledge widely and readily available will empower others to come up with solutions to the world’s toughest problems. Our new Open Access policy is the natural evolution for a World Bank that is opening up more and more.”

CC BY is the most permissive Creative Commons license, allowing others to reuse, remix and redistribute works, even commercially, as long as attribution is given to the copyright holder. It is recommended for those seeking maximum dissemination and re-use of their materials while preserving copyright. We applaud the World Bank for its leadership and embracing this objective by incorporating CC as the framework for its Open Access Policy.

Lawrence Lessig, Board member and co-founder of Creative Commons, says,

“The World Bank is not only leading by embracing the principles of open access. But by making its works available under a CC BY license, it is encouraging the widest spread of the knowledge it is producing. This work is incredibly valuable in assuring access to knowledge universally, and not just at elite universities.”

The Open Access Policy reinforces scholarship norms. The terms require that publishing embargoes are respected and research is made available under CC BY. The Bank “expects the amount of time it takes for externally published Bank content to be included in its institutional repository to diminish over time” and that the working paper versions of journal articles will be made available under CC BY without any embargo period. Additionally, the CC BY policy only applies to works published by the Bank. Works published by third party publishers will be made available in the repository under CC BY-NC-ND, with the option of CC BY should the publisher choose.

All of this content will be aggregated via the Open Knowledge Repository, which has been built with an eye toward maximizing interoperability, discoverability, and reusability by complying with Dublin Core metadata standards and the Open Archives Initiatives protocol for metadata harvesting:

“The repository will be fully interoperable with other major international repositories such as RePEc (Research Papers in Economics), SSRN and Economists Online. This means that the World Bank publishes just once in its own Open Knowledge Repository while its research is also “harvested” and made openly available through many other searchable online repositories, increasing the number of people able to find World Bank content.”

Currently, the repository contains books and papers from 2009-2012 in various fields and from all around the world, including the World Development Report and two World Bank journals, the World Bank Economic Review (WBER) and the World Bank Research Observer (WBRO). The Bank will continue to add new and old content, including those works published prior to 2009, and beginning in 2012, the Bank will include links to research-related datasets.

To learn how this exciting new move builds on the Bank’s other open efforts, read the press release.

For more info on the Open Access Policy, read the policy. For more info on the Open Knowledge Repository, see the feature article and FAQ.

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12 thoughts on “World Bank stakes leadership position by announcing Open Access Policy and launching Open Knowledge Repository under Creative Commons”

  1. I have a feeling that while it will help re-distribution of new concepts, this could also create situation where people steal new research ideas from others.

  2. Well, it isn’t theft if the original author allows it, which is the case with CC. Merely changing the license will probably not have any effect on those who were willing to be dishonset in the first plave, anyway.

  3. I have a feeling that while it will help re-distribution of new concepts, this could also create situation where people steal new research ideas from others.

  4. Many people are obviously turned off as a gut reaction when they hear of something called The World Bank. Yet as an nonconforming idealist I am aware of how through the manipulation of information even so-called sinister organizations or ones that are collectively agreed upon to be untrustworthy have actually turned out to be like Quasimodo or Frankenstein: someone with good intentions who is socially classified as a “monster” or a similar label.

    In order to create a free world, we must be willing to cooperate with each other and not erroneously claim authority over ideas and objects as belonging to one person or group of people that thinks they are the only one that had the idea or got to it first, or the only one capable of developing such an idea. Once we let go of our false ideas of ourselves and what “success” means as a comparative model, once we develop faith in each other and grow to be supportive of each other within our interconnecting communities, we will realize that Creative Commons is a powerful solution to suppression of creative power all over the planet.

  6. Interesting that “Sam” and “Toshiyuki” have posted exactly the same comment. I suspect these comments are the work of an automated FUD bot, programmed by anti-CC parties. The comment is self-contradictory, and seems designed to spread the lie behind the nonsense phrase “intellectual property” – the lie that ideas can be owned, and therefore one can “steal” them. This lie is exposed by Richard Stallman of the Free Sofware Foundation in this essay:
    https://www.gnu.org/philosophy/not-ipr.html

  7. Sharing of research products and information is a good thing. Like any knowledge it can be used for good or evil and generally over the course of history most of it gets used for mostly good purposes.

    I applaud this stance by the world bank. All publicly funded institutions in every country should be taking this step.

  9. This action by the World Bank is a major step toward digital age transparency in an organization that has log been criticized for its lack of openness. I applaud Mr. Zoellick’s action.

  10. Interesting that “Sam” and “Toshiyuki” have posted exactly the same comment. I suspect these comments are the work of an automated FUD bot, programmed by anti-CC parties. The comment is self-contradictory, and seems designed to spread the lie behind the nonsense phrase “intellectual property” – the lie that ideas can be owned, and therefore one can “steal” them. This lie is exposed by Richard Stallman of the Free Sofware Foundation in this essay:
    https://www.gnu.org/philosophy/not-ipr.html

  11. This was one of the Great Initiative we have ever witnessed.
    As this initiative will encourage & empower to resolve toughest issues, due to its open access nature. These type of policies are very crucial at this stage!

  12. I have a feeling that while it will help re-distribution of new concepts too, Mr. Zoellick’s action is great!

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2019-04-02 14:07:11 UTC

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Although Creative Commons is best known for its licenses, our work extends beyond just providing copyright licenses. CC offers other legal and technical tools that also facilitate sharing and discovery of creative works, such as CC0, a public domain dedication for rights holders who wish to put their work into the public domain before the expiration of copyright, and the Public Domain Mark, a tool for marking a work that is in the worldwide public domain. Creative Commons licenses and tools were designed specifically to work with the web, which makes content that is offered under their terms easy to search for, discover, and use.

For more information about CC, our main website contains in-depth information about the organization, its staff and board of directors, its history, and its supporters. You can also read CC case studies to learn about some of the inspiring ways CC licenses and tools have been used to share works and support innovative business models. You can find regularly updated information about CC by visiting the blog.

Absolutely not. CC has responded to claims to the contrary. CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

That said, Creative Commons recognizes the need for change in copyright law, and many members of the Creative Commons community are active participants in the copyright reform movement. For more information, see our statement in support of copyright reform.

What does “Some Rights Reserved” mean?

Copyright grants to creators a bundle of exclusive rights over their creative works, which generally include, at a minimum, the right to reproduce, distribute, display, and make adaptations. The phrase “All Rights Reserved” is often used by owners to indicate that they reserve all of the rights granted to them under the law. When copyright expires, the work enters the public domain, and the rights holder can no longer stop others from engaging in those activities under copyright, with the exception of moral rights reserved to creators in some jurisdictions. Creative Commons licenses offer creators a spectrum of choices between retaining all rights and relinquishing all rights (public domain), an approach we call “Some Rights Reserved.”

No. Creative Commons is not a law firm and does not provide legal advice or legal services. CC is similar to a self-help service that offers free, form-based legal documents for others to use. These FAQ answers many of the most common questions. There is also specialized information available on the following pages:

While CC does provide this informational guidance about its licenses and other tools, this information may not apply to your particular situation, and should never be taken as legal advice.

If you’re looking for legal advice about using CC licenses and other tools, we recommend contacting the Creative Commons affiliate in your jurisdiction. CC affiliates are highly connected to the communities of copyright lawyers in their countries. We also offer a list of lawyers and organizations who have identified themselves as willing to provide information to others about CC licensing issues. However, please note that CC does not provide referral services, and does not endorse or recommend any person on that list.

Does Creative Commons collect or track material licensed under a CC license?

No, CC does not collect content or track licensed material. However, CC builds technical tools that help the public search for and use works licensed under our licenses and other legal tools, and many others have built such tools as well. CC Search is one tool developed by CC to help the public discover works offered under Creative Commons licenses on the internet via CC-aware search engines and repositories.

What do the Creative Commons buttons do?

The CC buttons are a shorthand way to convey the basic permissions associated with material offered under CC licenses. Creators and owners who apply CC licenses to their material can download and apply those buttons to communicate to users the permissions granted in advance. When the material is offered online, the buttons should usually link out to the human-readable license deeds (which, in turn, link to the license itself).

May I use the Creative Commons logo and buttons?

You may download high resolution versions of the Creative Commons logos and use them in connection with your work or your website, provided you comply with our policies. Among other things, if you use the logos on a website or on your work, you may not alter the logos in any respect—such as by changing the font, the proportions, or the colors. CC’s buttons, name, and corporate logo (the “CC” in a circle) are trademarks of Creative Commons. You cannot use them in ways not permitted by our policies unless you first receive express, written permission. This means, for example, that you cannot (without our permission) print your own buttons and t-shirts using CC logos, although you can purchase them in CC’s store.

I love Creative Commons. How can I help?

Please support CC by making a donation through our support page. Donations can be handled through PayPal or by credit card. You can also support CC by visiting our store.

CC always welcomes your feedback, which you can provide by emailing . You can also participate in CC’s email discussion lists and share feedback and ideas in one of those forums.

If you are a software developer, sysadmin, or have other technical expertise, please join our developer community and help build the tools that build the commons.

Finally, one of the best ways to support CC is by supporting our causes yourself. Follow our blog to find out about current issues where you can help get involved and spread the word, and advocate for free and open licensing in your own communities.

Why does Creative Commons run an annual fundraising campaign? What is the money used for and where does it go?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, with affiliates all over the world who help ensure our licenses work internationally and raise awareness about our work. Our tools are free, and our reach is wide.

In order to…

  • continue developing our licenses and public domain tools to make sure they are legally and technically up-to-date around the world,
  • help creators implement these tools on websites through best practices and individual assistance,
  • enable CC licensing on major content-sharing platforms,
  • enhance CC-licensed resource search and discovery,
  • advocate for CC licensing and open policies in education, science, and culture, and
  • myriad other activities we’re forgetting to mention, such as all the everyday boring but essential operations that go into running an organization

…we need $ to make it all happen! For more information, please take a look at our Annual Report.

Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. It is essential we have the public’s support because it is the creators and users of CC material who make our tools relevant in this digital age. They depend on the tools and services CC provides through their reuse and remix of the rich, open resources available on Wikipedia, Flickr, SoundCloud, Vimeo, Europeana, MIT OpenCourseWare, the Library of Science, Al Jazeera, and YouTube—just to name a few. Many of these people donate $10, $25, or $50 to CC, to help keep it up and running so we can continue to provide our tools and services for free, as a nonprofit organization. The more people who donate to CC, the more independent it will remain.

General License Information

What are Creative Commons licenses?

Creative Commons licenses provide an easy way to manage the copyright terms that attach automatically to all creative material under copyright. Our licenses allow that material to be shared and reused under terms that are flexible and legally sound. Creative Commons offers a core suite of six copyright licenses. Because there is no single “Creative Commons license,” it is important to identify which of the six licenses you are applying to your material, which of the six licenses has been applied to material that you intend to use, and in both cases the specific version.

All of our licenses require that users provide attribution (BY) to the creator when the material is used and shared. Some licensors choose the BY license, which requires attribution to the creator as the only condition to reuse of the material. The other five licenses combine BY with one or more of three additional license elements: NonCommercial (NC), which prohibits commercial use of the material; NoDerivatives (ND), which prohibits the sharing of adaptations of the material; and ShareAlike (SA), which requires adaptations of the material be released under the same license.

CC licenses may be applied to any type of work, including educational resources, music, photographs, databases, government and public sector information, and many other types of material. The only categories of works for which CC does not recommend its licenses are computer software and hardware. You should also not apply Creative Commons licenses to works that are no longer protected by copyright or are otherwise in the public domain. Instead, for those works in the worldwide public domain, we recommend that you mark them with the Public Domain Mark.

How do CC licenses operate?

CC licenses are operative only when applied to material in which a copyright exists, and even then only when a particular use would otherwise not be permitted by copyright. Note that the latest version of CC licenses also applies to rights similar to copyright, such as neighboring rights and sui generis database rights. Learn more about the scope of the licenses. This means that CC license terms and conditions are not triggered by uses permitted under any applicable exceptions and limitations to copyright, nor do license terms and conditions apply to elements of a licensed work that are in the public domain. This also means that CC licenses do not contractually impose restrictions on uses of a work where there is no underlying copyright. This feature (and others) distinguish CC licenses from some other open licenses like the ODbL and ODC-BY, both of which are intended to impose contractual conditions and restrictions on the reuse of databases in jurisdictions where there is no underlying copyright or sui generis database right.

All CC licenses are non-exclusive: creators and owners can enter into additional, different licensing arrangements for the same material at any time (often referred to as “dual-licensing” or “multi-licensing”). However, CC licenses are not revocable once granted unless there has been a breach, and even then the license is terminated only for the breaching licensee.

There are also videos and comics that offer visual descriptions of how CC licenses work.

Which is the latest version of the licenses offered by Creative Commons?

In November 2013, Creative Commons published the version 4.0 license suite. These licenses are the most up-to-date licenses offered by CC, and are recommended over all prior versions. You can see how the licenses have been improved over time on the license versions page. 4.0 has been drafted to be internationally valid, and will have official translations becoming available after publication.

No. By design, CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions. This is a fundamental principle of CC licensing.

Who gives permission to use material offered under Creative Commons licenses?

Our licenses and legal tools are intended for use by anyone who holds copyright in the material. This is often, but not always, the creator.

Creative Commons offers licenses and tools to the public free of charge and does not require that creators or other rights holders register with CC in order to apply a CC license to a work. This means that CC does not have special knowledge of who uses the licenses and for what purposes, nor does CC have a way to contact creators beyond means generally available to the public. CC has no authority to grant permission on behalf of those persons, nor does CC manage those rights on behalf of others.

If you would like to obtain additional permissions to use the work beyond those granted by the license that has been applied, or if you’re not sure if your intended use is permitted by the license, you should contact the rights holder.

Are Creative Commons licenses enforceable in a court of law?

Creative Commons licenses are drafted to be enforceable around the world, and have been enforced in court in various jurisdictions. To CC’s knowledge, the licenses have never been held unenforceable or invalid.

CC licenses contain a “severability” clause. This allows a court to eliminate any provision determined to be unenforceable, and enforce the remaining provisions of the license.

What happens if someone applies a Creative Commons license to my work without my knowledge or authorization?

CC alerts prospective licensors they need to have all necessary rights before applying a CC license to a work. If that is not the case and someone has marked your work with a CC license without your authorization, you should contact that person and tell them to remove the license from your work. You may also wish to contact a lawyer. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What are the international (“unported”) Creative Commons licenses, and why does CC offer “ported” licenses?

One of CC’s goals is ensuring that all of its legal tools work globally, so that anyone anywhere in the world can share their work on globally standard terms. To this end, CC offers a core suite of six international copyright licenses (formerly called the “unported”) that are drafted based largely on various international treaties governing copyright, taking into account as many jurisdiction-specific legal issues as possible. The latest version (4.0) has been drafted with particular attention to the needs of international enforceability.

For version 3.0 and earlier, Creative Commons has also offered ported versions of its six core licenses for many jurisdictions (which usually correspond to countries, but not always). These ported licenses are based on the international license suite but have been modified to reflect local nuances in the expression of legal terms and conditions, drafting protocols, and language. The ported licenses and the international licenses are all intended to be legally effective everywhere. CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

Can governments and intergovernmental organizations (“IGOs”) use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors’ overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the “machine readable” layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]”; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you’re uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC’s Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC’s legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC’s Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and running pilot programs that allow creators to use CC licenses in some circumstances.

If you are already a member of a collecting society and want to use CC licenses, you are welcome to encourage your collecting society to give you the option of Creative Commons licensing.

Can I still make money from a work I make available under a Creative Commons license?

Yes. One of our goals is to encourage creators and rights holders to experiment with new ways to promote and market their work. There are several possible ways of doing this.

CC’s NonCommercial (NC) licenses allow rights holders to maximize distribution while maintaining control of the commercialization of their works. If you want to reserve the right to commercialize your work, you may do this by choosing a license with the NC condition. If someone else wants to use your work commercially and you have applied an NC license to your work, they must first get your permission. As the rights holder, you may still sell your own work commercially.

You may also use funding models that do not depend on using an NC license. For example, many artists and creators use crowdfunding to fund their work before releasing it under a less restrictive license. Others use a “freemium” model where the basic content is free, but extras such as a physical printed version or special access to a members-only website are for paying customers only.

For more information and ideas, The Power of Open presents case studies of artists, businesspeople, and organizations who use CC.

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

No. CC licenses allow for flexibility in the way credit is provided depending on the medium, means, and context in which a licensee is redistributing licensed material. For example, providing attribution to the creator when using licensed material in a blog post may be different than doing so in a video remix. This flexibility facilitates compliance by licensees and reduces uncertainty about different types of reuse—minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded.

Can I change the license terms or conditions?

Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons” or “CC” license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials. Keep in mind that altering terms and conditions is distinct from waiving existing conditions or granting additional permissions than those in the licenses. Licensors may always do so, and many choose to do so using the CC+ protocol to readily signal the waiver or additional permission on the CC license deed.

CC does not assert copyright in the text of its licenses, so you are permitted to modify the text as long as you do not use the CC marks to describe it. However, we do not recommend this. We also advise against modifying our licenses through indirect means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other material. This would prevent licensees from using, combining, or remixing content under your customized license with other content under the same or compatible CC licenses.

Modifying licenses creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.

Can I waive license terms or conditions?

Yes. You may always choose to waive some license terms or conditions. Material licensed under a CC license but with additional permissions granted or conditions waived may be compatibly licensed with other material under the same license. Our CC+ protocol provides a mechanism for facilitating that grant or waiver.

Can I enter into separate or supplemental agreements with users of my work?

Yes. CC licenses are nonexclusive. Licensors always have the option of entering into separate arrangements for the sharing of their material in addition to applying a CC license. However, those different arrangements are not “CC” or “Creative Commons” licenses.

Separate agreements: You may offer the licensed material under other licenses in addition to the CC license (a practice commonly referred to as “dual licensing”). For example, you may wish to license a video game soundtrack under both a CC license and the GPL, so that it may be used under either set of terms. A reuser may then choose which set of terms to comply with. Or, for example, you may offer your material to the public under a NonCommercial license, but offer commercial permissions to fee-paying customers.

Supplemental agreements: Problems arise when licensors design those terms or arrangements to serve not as separate, alternative licensing arrangements but as supplemental terms having the effect of changing the standard terms within the CC license. While you may offer separate terms and conditions to other parties, you should not do so in such a way that would neutralize terms of the CC license.

Except in the limited situation where more permissions are being granted or license conditions are waived, if the additional arrangement modifies or conflicts with the CC license terms, then the resulting licensing arrangement is no longer a CC licensing arrangement. To avoid confusing those who may mistakenly believe the work is licensed under standard CC terms, we must insist that in these instances licensors not use our trademarks, names, and logos in connection with their custom licensing arrangement.

It should be noted that any agreements you make with other parties only have an effect on the other parties to that agreement, and do not apply to anyone else receiving the licensed material. For example, if there are terms of use that apply to visitors to your website on which you host CC-licensed material, your terms of use may apply to visitors to that website, but not to anyone who receives copies of the CC-licensed material elsewhere. Even for the visitors to your website, any separate terms and conditions do not become part of the license—they remain a separate contractual agreement, and violation of this agreement does not constitute copyright infringement.

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

A CC license terminates automatically when its conditions are violated. For example, if a reuser of CC-licensed material does not provide the attribution required when sharing the work, then the user no longer has the right to continue using the material and may be liable for copyright infringement. The license is terminated for the user who violated the license. However, all other users still have a valid license, so long as they are in compliance.

Under the 4.0 licenses, a licensee automatically gets these rights back if she fixes the violation within 30 days of discovering it.

If you apply a Creative Commons license and a user violates the license conditions, you may opt to contact the person directly to ask them to rectify the situation or consult a lawyer to act on your behalf. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

As long as users abide by license terms and conditions, licensors cannot control how the material is used. However, CC licenses do provide several mechanisms that allow licensors to choose not to be associated with their material or to uses of their material with which they disagree.

First, all CC licenses prohibit using the attribution requirement to suggest that the licensor endorses or supports a particular use. Second, licensors may waive the attribution requirement, choosing not to be identified as the licensor, if they wish. Third, if the licensor does not like how the material has been modified or used, CC licenses require that the licensee remove the attribution information upon request. (In 3.0 and earlier, this is only a requirement for adaptations and collections; in 4.0, this also applies to the unmodified work.) Finally, anyone modifying licensed material must indicate that the original has been modified. This ensures that changes made to the original material–whether or not the licensor approves of them–are not attributed back to the licensor.

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

The use of any effective technical protection measures (such as digital rights management or “DRM”) by licensees to prevent others from exercising the licensed rights is prohibited.

Not all kinds of encryption or access limitations are prohibited by the licenses. For example, sending content via email and encrypting it with the recipient’s public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a particular set of users (for example, by requiring a username and password to enter a site) does not restrict further use of the content by the recipients. In these examples, these things do not prevent the recipient from exercising all of the rights granted by the license, including the right to redistribute it further.

If someone is applying effective technological measures to your CC-licensed material that do restrict exercise of the licensed rights (such as applying DRM that restricts copying), this is a violation of the license terms unless you have chosen to grant this permission separately.

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

No. CC licenses grant permission to use the licensed material in any media or format regardless of the format in which it has been made available. This is true even if you have applied a NoDerivatives license to your work. Once a CC license is applied to a work in one format or medium, a licensee may use the same work in any other format or medium without violating the licensor’s copyright.

What if I change my mind about using a CC license?

CC licenses are not revocable. Once something has been published under a CC license, licensees may continue using it according to the license terms for the duration of applicable copyright and similar rights. As a licensor, you may stop distributing under the CC license at any time, but anyone who has access to a copy of the material may continue to redistribute it under the CC license terms. While you cannot revoke the license, CC licenses do provide a mechanism for licensors to ask that others using their material remove the attribution information. You should think carefully before choosing a Creative Commons license.

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

CC offers six core licenses, each of which grants a different set of permissions. Before you use CC-licensed material, you should review the terms of the particular license to be sure your anticipated use is permitted. If you wish to use the work in a manner that is not permitted by the license, you should contact the rights holder (often the creator) to get permission first, or look for an alternative work that is licensed in a way that permits your anticipated use. Note that if you use material in a way that is not permitted by the applicable license and your use is not otherwise permitted by an applicable copyright exception or limitation, the license is automatically terminated and you may be liable for copyright infringement, even if you are eligible to have your rights reinstated later.

Before using material offered under a Creative Commons license, you should know that CC licenses only grant permissions needed under copyright and similar rights, and there may be additional rights you need to use it as intended. You should also understand that licensors do not offer warranties or guarantees about the material they are licensing unless expressly indicated otherwise. All materials are licensed “AS IS” and a disclaimer of warranties applies unless expressly provided otherwise. If you want to ask for a warranty or guarantee about rights to use the material, you should talk with the licensor before using it.

Does a Creative Commons license give me all the rights I need to use the work?

It depends. CC licenses do not license rights other than copyright and similar rights (which include sui generis database rights in version 4.0). For example, they do not license trademark or patent rights, or the publicity, personality, and privacy rights of third parties. However, licensors agree to waive or not assert any moral rights, publicity rights, personality rights, or privacy rights they themselves hold, to the limited extent necessary to allow exercise of the licensed rights. Any rights outside of the scope of the license may require clearance (i.e., permission) in order to use the work as you would like.

Additionally, creative works sometimes incorporate works owned by others (known as “third party content”), often used pursuant to a CC license or under an exception or limitation to copyright such as fair use in the U.S. You should make sure you have permission to use any third party content contained in the work you want to use, or that your use is otherwise allowed under the laws of your jurisdiction, particularly in cases such as fair use where your right to use the content depends on the particular context in which you plan to use it.

All CC licenses contain a disclaimer of warranties, meaning that the licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work. You may wish to obtain legal advice before using CC-licensed material if you are not sure whether you have all the rights you need.

What if there are sui generis database rights that apply to my use of a CC-licensed database?

In the somewhat limited circumstances where sui generis database rights apply to your use, special conditions apply and there are more specific considerations you should be aware of. Under 4.0, sui generis database rights are licensed alongside copyright, but the treatment in earlier versions of the license varies. A fuller explanation of these variations and related considerations is available in the Data FAQ.

Where can I find material offered under a CC license?

If you are looking for material offered under a Creative Commons license, CC Search is a good starting point. There is also a directory of organizations and individuals who use CC licenses. Some media sites, such as Flickr, have search filters for material licensed using CC’s licenses.

Be sure to confirm that the material you want to use is actually under a CC license, as search results may sometimes be misleading.

Are Creative Commons works really free to use?

Yes. While many if not most CC-licensed works are available at no cost, some licensors charge for initial access to CC-licensed works—for example, by publishing CC-licensed content only to subscribers, or by charging for downloads. However, even if you have paid an access charge, once you have a copy of CC-licensed material, you may make any further uses permitted by the license without paying licensing fees.

(If you wish to make uses that are not permitted by the license—for example, making a commercial use of an NC-licensed photo—the licensor may charge for those additional rights.)

What should I know about differences between the international licenses and the ported licenses?

As a licensee, you should always read and understand the relevant license’s legal code before using CC-licensed material, particularly if you are using material that is licensed using a ported license with which you are unfamiliar. Our porting process involved adapting the international licenses to the legal framework of different jurisdictions, and in that process slight adjustments may have been made that you should make yourself aware of in advance of using the material. You can find more information about the ported licenses in the Jurisdiction Database.

There are currently no ported versions of 4.0, and we expect there will be few, if any, in the future. All official translations of the 4.0 international licenses are equivalent: you may substitute one for another depending on your preferred language.

However, the ported versions of 3.0 and earlier sometimes contain small differences from the international license depending on the ways in which they have been adapted to their jurisdictions. For example, a handful of the ported licenses contain provisions specifying which laws will apply in the event the licensor chooses to enforce the license, and a few of the ported licenses contain forum selection clauses.

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Contact the rights holders to ask for permission. Otherwise, unless an exception or limitation to copyright applies, your use of the material may violate the Creative Commons license. If you violate the terms of the license, your rights to use the material will be automatically terminated, and you may be liable for copyright infringement.

Do I always have to comply with the license terms? If not, what are the exceptions?

You need to comply with the license terms if what you are doing would otherwise require permission from the rights holder. If your use would not require permission from the rights holder because it falls under an exception or limitation, such as fair use, or because the material has come into the public domain, the license does not apply, and you do not need to comply with its terms and conditions. Additionally, if you are using an excerpt small enough to be uncopyrightable, the license does not apply to your use, and you do not need to comply with its terms.

However, if you are using excerpts of CC-licensed material which individually are minimal and do not require license compliance, but together make up a significant copyrightable chunk, you must comply with the license terms. For example, if you quote many individual lines from a poem across several sections of a blog post, and your use is not a fair use, you must comply with the license even though no individual line would have been a substantial enough portion of the work to require this.

Attribution

How do I properly attribute material offered under a Creative Commons license?

All CC licenses require users to attribute the creator of licensed material, unless the creator has waived that requirement, not supplied a name, or asked that her name be removed. Additionally, you must retain a copyright notice, a link to the license (or to the deed), a license notice, a notice about the disclaimer of warranties, and a URI if reasonable. For versions prior to 4.0, you must also provide the title of the work. (Though it is not a requirement in 4.0, it is still recommended if one is supplied.)

You must also indicate if you have modified the work—for example, if you have taken an excerpt, or cropped a photo. (For versions prior to 4.0, this is only required if you have created an adaptation by contributing your own creative material, but it is recommended even when not required.) It is not necessary to note trivial alterations, such as correcting a typo or changing a font size. Finally, you must retain an indication of previous modifications to the work.

CC licenses have a flexible attribution requirement, so there is not necessarily one correct way to provide attribution. The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner. Additionally, you may satisfy the attribution requirement by providing a link to a place where the attribution information may be found.

While the attribution requirements in the license are the minimum requirement, we always recommend that you follow the best practices for the kind of use you are making. For example, if you are using scientific data marked with CC0, you are not required to give attribution at all, but we recommend that you give the same credit you would give to any other source—not because the license requires it, but because that is the standard for letting others know the source of the data.

The CC website offers some best practices to help you attribute properly, and the CC Australia team has developed a helpful guide to attributing CC-licensed material (.pdf) in different formats. Note that the attribution and marking requirements vary slightly among license versions. See here for a chart comparing the specific requirements.

Do I need to be aware of anything else when providing attribution?

Yes. You need to be careful not to imply any sponsorship, endorsement, or connection with the licensor or attribution party without their permission. Wrongfully implying that a creator, publisher, or anyone else endorses you or your use of a work may be unlawful. Creative Commons makes the obligation not to imply endorsement explicit in its licenses. In addition, if the licensor of a work requests that you remove the identifying credit, you must do so to the extent practical.

Additionally, when you are using a work that is an adaptation of one or more pre-existing works, you may need to give credit to the creator(s) of the pre-existing work(s), in addition to giving credit to the creator of the adaptation.

Do I always have to attribute the creator of the licensed material?

You must attribute the creator when you provide material to the public by any means that is restricted by copyright or similar rights. If you are using the material personally but are not making it or any adaptations of it available to others, you do not have to attribute the licensor. Similarly, if you are only distributing the material or adaptations of it within your company or organization, you do not have to comply with the attribution requirement. Learn more about when compliance with the license is not required.

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such.

Can I take a CC-licensed work and use it in a different format?

Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.

This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work.

How do I know if a low-resolution photo and a high-resolution photo are the same work?

As with most copyright questions, it will depend on applicable law. Generally, to be different works under copyright law, there must be expressive or original choices made that make one work a separate and distinct work from another. The determination depends on the standards for copyright in the relevant jurisdiction.

Under U.S. copyright law, for example, mechanical reproduction of a work into a different format is unlikely to create a separate, new work. Consequently, digitally enhancing or changing the format of a work absent some originality, such as expressive choices made in the enhancement or encoding, will not likely create a separate work for copyright purposes. The creative bar is low, but it is not non-existent. Accordingly, in some jurisdictions releasing a photograph under a CC license will give the public permission to reuse the photograph in a different resolution.

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

The NoDerivs licenses (BY-ND and BY-NC-ND) prohibit reusers from creating adaptations. What constitutes an adaptation, otherwise known as a derivative work, varies slightly based on the law of the relevant jurisdiction.

Incorporating an unaltered excerpt from an ND-licensed work into a larger work only creates an adaptation if the larger work can be said to be built upon and derived from the work from which the excerpt was taken. Generally, no derivative work is made of the original from which the excerpt was taken when the excerpt is used to illuminate an idea or provide an example in another larger work. Instead, only the reproduction right of the original copyright holder is being exercised by person reusing the excerpt. All CC licenses grant the right to reproduce a CC-licensed work for noncommercial purposes (at a minimum). For example, a person could make copies of one chapter of an ND-licensed book and not be in violation of the license so long as other conditions of the license are met.

There are exceptions to that general rule, however, when the excerpts are combined with other material in a way that creates some new version of the original from which the excerpt is taken. For example, if a portion of a song was used as part of a new song, that may rise to the level of creating an adaptation of the original song, even though only a portion of it was used and even if that portion was used as-is.

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

No. When you receive material under a Creative Commons license, you may not place additional terms and conditions on the reuse of the work. This includes using effective technological measures (ETMs) that would restrict a licensee’s ability to exercise the licensed rights.

A technological measure is considered an ETM if circumventing it carries penalties under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements. Generally, this means that the anti-circumvention laws of various jurisdictions would cover attempts to break it.

For example, if you remix a CC-licensed song, and you wish to share it on a music site that places digital copy-restriction on all uploaded files, you may not do this without express permission from the licensor. However, if you upload that same file to your own site or any other site that does not apply DRM to the file, and a listener chooses to stream it through an app that applies DRM, you have not violated the license.

Note that merely converting material into a different format that is difficult to access or is only available for certain platforms does not violate the restriction; you may do this without violating the license terms.

Can I share CC-licensed material on password-protected sites?

Yes. This is not considered to be a prohibited measure, so long as the protection is merely limiting who may access the content, and does not restrict the authorized recipients from exercising the licensed rights. For example, you may post material under any CC license on a site restricted to members of a certain school, or to paying customers, but you may not place effective technological measures (including DRM) on the files that prevents them from sharing the material elsewhere.

(Note that charging for access may not be permitted with NC-licensed material; however, it is not disallowed by the restriction on ETMs.)

Can I share CC-licensed material on file-sharing networks?

Yes. All CC licenses allow redistribution of the unmodified material by any means, including distribution via file-sharing networks. Note that file-trading is expressly considered to be noncommercial for purposes of compliance with the NC licenses. Barter of NC-licensed material for other items of value is not permitted.

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

If you have received material under a CC license that is encumbered with effective technological measures (such as digital rights management or DRM), you may or may not be permitted to break it, depending on the circumstances. By releasing material under a CC license, the licensor agrees not to assert any rights she may have to prevent the circumvention of effective technological measures. (Under the 3.0 and earlier licenses, this is implied but not explicit.) However, if she has uploaded it to a site or other distribution channel that itself applies such measures, that site may have the right to prevent you from breaking them, even though the licensor herself cannot do so.

Note that anti-circumvention laws can impose criminal liability in some jurisdictions.

What if I have received CC-licensed material with additional restrictions?

It is possible that CC-licensed material will appear on platforms that impose terms in addition to the copyright license (though Creative Commons strongly discourages restrictions that interfere with exercise of the licensed rights). These additional terms do not form part of the license for the work. For example, if you download CC-licensed material from a site that does not permit downloading, you may be breaking the terms of use of the site, but you are not infringing the CC license. See our guide to Modifying the CC licenses for more guidance and information.

Combining and adapting CC material

When is my use considered an adaptation?

Whether a modification of licensed material is considered an adaptation for the purpose of CC licenses depends primarily on the applicable copyright law. Copyright law reserves to an original creator the right to create adaptations of the original work. CC licenses that allow for adaptations to be shared—all except BY-ND and BY-NC-ND—grant permission to others to create and redistribute adaptations when doing so would otherwise constitute a violation of applicable copyright law. Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable, such as a translation of a novel from one language to another, or the creation of a screenplay based on a novel.

Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation, whether or not it would be considered so under applicable law. Also, under version 4.0, certain uses of databases restricted by sui generis database rights also constitute adaptations (called “Adapted Material” in the 4.0 licenses), whether or not they would be considered adaptations under copyright law. For more details about adaptations in the database context, see the Data FAQ.

Note that all CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license.

Note on terminology: throughout these FAQs, we use the term “remix” interchangeably with “adapt.” Both are designed to mean doing something that constitutes an adaptation under copyright law.

Can I combine material under different Creative Commons licenses in my work?

It depends. The first question to ask is whether doing so constitutes an adaptation. If the combination does not create an adaptation, then you may combine any CC-licensed content so long as you provide attribution and comply with the NonCommercial restriction if it applies. If you want to combine material in a way that results in the creation of an adaptation (i.e. a “remix”), then you must pay attention to the particular license that applies to the content you want to combine.

The NoDerivatives licenses do not permit remixing except for private use (the pre-4.0 licenses do not permit remixing at all, except as allowed by exceptions and limitations to copyright). All the other CC licenses allow remixes, but may impose limitations or conditions on how the remix may be used. For example, if you create a remix with material licensed under a ShareAlike license, you need to make sure that all of the material contributed to the remix is licensed under the same license or one that CC has named as compatible, and you must properly credit all of the sources with the required attribution and license information. Similarly, if you want to use a remix for commercial purposes, you cannot incorporate material released under one of the NonCommercial licenses.

The chart below shows which CC-licensed material can be remixed. To use the chart, find a license on the left column and on the top right row. If there is a check mark in the box where that row and column intersect, then the works can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies. See below for details on how remixes may be licensed.

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If you make adaptations of material under a CC license (i.e. “remix”), the original CC license always applies to the material you are adapting even once adapted. The license you may choose for your own contribution (called your “adapter’s license”) depends on which license applies to the original material. Recipients of the adaptation must comply with both the CC license on the original and your adapter’s license.

  • BY and BY-NC material

When remixing BY or BY-NC material, it is generally recommended that your adapter’s license include at least the same license elements as the license applied to the original material. This eases reuse for downstream users because they are able to satisfy both licenses by complying with the adapter’s license. For example, if you adapt material licensed under BY-NC, your adapter’s license should also contain the NC restriction. See the chart below for more details.

  • BY-SA and BY-NC-SA material

In general, when remixing ShareAlike content, your adapter’s license must be the same license as the license on the material you are adapting. All licenses after version 1.0 also allow you to license your contributions under a later version of the same license, and some also allow ported licenses. (See the license versions page for details.) If you wish to adapt material under BY-SA or BY-NC-SA and release your contributions under a non-CC license, you should visit the Compatibility page to see which options are allowed.

  • BY-ND and BY-NC-ND material

The BY-ND and BY-NC-ND licenses do not permit distribution of adaptations (also known as remixes or derivative works), and prohibits the creation of adaptations under the pre-4.0 versions of those licenses. Since you may not share remixes of these materials at all, there is no compatibility with other licenses. (Note that the ND licenses do allow you to reproduce the material in unmodified form together with other material in a collection, as indicated in the next FAQ.)

  • Adapter’s license chart

The chart below details the CC license(s) you may use as your adapter’s license. When creating an adaptation of material under the license identified in the lefthand column, you may license your contributions to the adaptation under one of the licenses indicated on the top row if the corresponding box is green. CC does not recommend using a license if the corresponding box is yellow, although doing so is technically permitted by the terms of the license. If you do, you should take additional care to mark the adaptation as involving multiple copyrights under different terms so that downstream users are aware of their obligations to comply with the licenses from all rights holders. Dark gray boxes indicate those licenses that you may not use as your adapter’s license.

Adapter’s license chart Adapter’s license
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work PD              
BY              
BY-NC              
BY-NC-ND              
BY-NC-SA              
BY-ND              
BY-SA              
Abbreviation Key

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

All Creative Commons licenses (including the version 4.0 licenses) allow licensed material to be included in collections such as anthologies, encyclopedias, and broadcasts. You may choose a license for the collection, however this does not change the license applicable to the original material.

When you include CC-licensed content in a collection, you still must adhere to the license conditions governing your use of the material incorporated. For example, material under any of the Creative Commons NonCommercial licenses cannot be used commercially. The table below indicates what type of CC-licensed works you may incorporate into collections licensed for commercial and noncommercial uses.

Original Work Commercial Collection (BY, BY-SA, BY-ND) NonCommercial Collection (BY-NC, BY-NC-SA, BY-NC-ND)
PD    
BY    
BY-NC    
BY-NC-ND    
BY-NC-SA    
BY-ND    
BY-SA    

License termination

When do Creative Commons licenses expire?

Creative Commons licenses expire when the underlying copyright and similar rights expire.

Note that the relevant rights may expire at different times. For example, you may have a CC-licensed song where the rights in the musical arrangement expire before the rights in the lyrics. In this case, when the copyright in the music expires, you may use it without being required to comply with the conditions of the CC license; however, you must still comply with the license if you use the lyrics.

What happens if the author decides to revoke the CC license to material I am using?

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms. Of course, you may choose to respect the licensor’s wishes and stop using the work.

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

All of the CC licenses terminate if you fail to follow the license conditions. If this happens, you no longer have a license to use the material.

In the 4.0 licenses, your rights under the license are automatically reinstated if you correct this failure within 30 days of discovering the violation (either on your own or because the licensor or someone else has told you). Under the 3.0 and earlier licenses, there is no automatic reinstatement.

If you have lost your rights under a CC license and are not entitled to automatic reinstatement, you may regain your rights under the license if the licensor expressly grants you permission. You cannot simply re-download the material to get a new license.

Note that you may still be liable for damages for copyright infringement for the period where you were not in compliance with the license.

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

The Creative Commons licenses have three layers, as does the CC0 public domain dedication: the human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The Public Domain Mark is not legally operative, and so has only two layers: the human-readable mark and machine-readable metadata.

When material is licensed using any of the CC licenses or tools, it is highly recommended that a CC button, text, or other marker somehow accompany it. There are many possible modes for marking. For our licenses, people generally use the CC license chooser to generate HTML code that can be pasted into the webpage where the licensed material is published. CC0 and the Public Domain Mark have a separate chooser. Many platforms and web services such as Flickr and Drupal support CC licensing directly, allowing you to select an appropriate license. The service then properly marks the work for you.

CC has published some best practices for marking your CC-licensed material, and recommends:

  • Including a visual indicator (some combination of text and images) that the work is licensed with one of the CC licenses.
  • Clearly indicating what material is covered under the CC license, especially if it’s presented alongside non-licensed materials.
  • Including a link to the human-readable deed (which itself contains a link to the legal code).
  • Embedding machine-readable metadata in the code of the license indicator or code of the licensed page.

See the marking page for more details.

What does it mean that Creative Commons licenses are “machine-readable”?

Creative Commons has specified CC REL as a way to associate machine-readable licensing metadata with objects offered under CC licenses.

Before Creative Commons developed this vocabulary, it was difficult for a machine to ascertain whether an object was marked with a CC license. There was also no standard, predictable place to house metadata about that license (for example, the source URL of the work or the required mode of attribution).

Machine-readable metadata based on well-accepted metadata standards creates a platform upon which new services and applications can be built. Software and services can detect CC licenses and the details of that license, as described by the metadata. For example, on many websites and search engines such as Google and Flickr, you can run filtered searches for works offered under specific CC licenses. In addition, CC license deeds can automatically create copy-and-paste attribution code so users may easily comply with the BY condition of the licenses. When you click on a CC license or button from a page with license metadata, you get copy-and-paste attribution HTML within that license deed page. That HTML is based on available RDFa metadata in the original material.

All HTML provided by the CC license chooser is automatically annotated with metadata in RDFa format.

What is RDFa?

RDFa is a method for embedding structured data in a web page. For more information about RDFa, see the following resources:

What is CC REL and why does Creative Commons recommend it?

Creative Commons Rights Expression Language (CC REL) renders information about licenses and works machine-readable through standards that define the semantic web. Creative Commons wants to make it easy for creators and scientists to build upon the works of others when they choose; licensing your work for reuse and finding properly licensed works to reuse should be easy. CC recommends that you mark your licensed works with CC REL. The Creative Commons license chooser provides HTML annotated with CC REL, while the Creative Commons deeds recognize CC REL on web pages with works offered under a CC license, and use this metadata to enhance the deed for properly marked-up works, e.g., by providing copy and paste HTML that includes work attribution.

For more background information on CC REL, please refer to this paper.

What does it mean for a search engine to be CC-enabled?

Some search engines (like Google) allow people to filter their search results by usage rights so that you can limit your search results according to the particular CC license you seek. For example, if you are looking for a photo to adapt, you can filter your search to return photos that have a CC license that permits creation of adaptations. You can generally find this search feature on the advanced search page of your selected search engine. You can also use CC Search, which offers a convenient interface to search and a list of those content providers that support searches for content based on usage rights.

Please note, however, that you should always double check to make sure that the work you locate through a search is licensed as you wish.

How do I give users of my site the option to use CC licensing like Flickr does?

Creative Commons provides tools for integrating license selection with your site. You can find an overview at the Web Integration article on the CC wiki. The Partner Interface is a good way to get started and will always have the most up-to-date license versions and translations. However, there is also an API available if you want more control.

How can I change or remove the Creative Commons search option built into the Firefox browser?

Mozilla has included the Creative Commons search function in many versions of Firefox along with search options for Google, Amazon, and other popular sites. Please take a look at the Firefox article on the CC wiki for an explanation of how to change these features.

If you want to add or remove a particular search option, click on the logo in the search box (for example, the CC logo or the Google logo). This will open the pull down menu, which will allow you to select different search providers. If you choose “Manage Search Engines,” you will be able to add or remove search engines. You can also alter the order in which the search providers appear on the pull down menu.

Is Creative Commons involved in digital rights management (DRM)?

No. CC licenses are a form of rights expression, not rights management. CC provides tools to make it easier for creators and owners to say which rights they reserve and permissions they grant. This is different from digital rights management (or “DRM”), which uses technological protection measures to prevent people from using the work in a way that the owner has not permitted.

CC licenses contain language prohibiting licensees from the use of effective technological measures (including DRM) to prevent access to licensed material: ”You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any such recipient.”

While licensors may apply effective technological measures (ETMs) to their own materials, the licensor provides a limited permission to circumvent these measures: “The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures.” Note that this only applies to effective technological measures applied by licensors themselves: third parties such as distribution platforms may still apply ETMs if the licensor uploads there, and the license is not able to grant you permission to circumvent it.

Copyright law grants exclusive rights to creators of original works of authorship. National laws usually extend protections to such works automatically once fixed in a tangible medium, prohibiting the making of copies without the rights holder’s permission, among other things. On the internet, even the most basic activities involve making copies of copyrighted content. As content is increasingly uploaded, downloaded, and shared online, copyright law is becoming more relevant to more people than it was 20 years ago. Unfortunately, infringing copyrights—even unintentionally or unknowingly—can lead to liability. Successful navigation of the internet requires some understanding of copyright law.

What is the public domain?

The public domain of copyright refers to the aggregate of those works that are not restricted by copyright within a given jurisdiction. A work may be part of the public domain because the applicable term of copyright has expired, because the rights holder surrendered copyright in the work with a tool like CC0, or because the work did not meet the applicable standards for copyrightability.

Because the public domain depends on the copyright laws in force within a particular territory, sometimes a work may be considered “in the public domain” of one jurisdiction, but not in another. For example, U.S. government works are automatically in the public domain under U.S. copyright law, but might be restricted by copyright in other countries.

The Public Domain Manifesto, the University Libraries page, and the CC0 FAQs all contain additional information about the public domain.

Copyright in most jurisdictions attaches automatically without need for any formality once a creative work is fixed in tangible form (i.e. the minute you put pen to paper, take a photo, or hit the “save” button on your computer).

In some jurisdictions, creators may be required to register with a national agency in order to enforce copyright in court. If you would like more information, please consult the Berne Convention or your jurisdiction’s copyright law.

Although you do not have to apply a copyright notice for your work to be protected, it may be a useful tool to clearly signal to people that the work is yours. It also tells the public who to contact about the work.

What is an adaptation?

An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.

In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter’s personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil’s copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction’s copyright law for more information.

What are moral rights?

Copyright laws in many jurisdictions around the world grant creators “moral rights” in addition to the economic or commercial right to exploit their creative works. Moral rights protect the personal and reputational value of a work for its creator. Moral rights differ by country, and can include the right of attribution, the right to have a work published anonymously or pseudonymously, and/or the right to the integrity of the work. The moral right of integrity may provide creators with a source for redress if an adaptation represents derogatory treatment of their work, typically defined as “distortion or mutilation” of the work or treatment that is “prejudicial to the honor, or reputation of the author.” Not all jurisdictions provide for moral rights.

The CC licenses are intended to minimize the effect of moral rights on a licensee’s ability to use licensed material; however, in some jurisdictions, these rights may still have an effect. CC offers some additional information on how CC licenses may affect your moral rights.

What are neighboring rights?

Copyright provides an incentive to create works by providing exclusive rights to creators. However, the distribution or exploitation of a work often involves more than just the creator. For example, if someone writes a song, someone else may perform the song, and another may produce the recording of the song. Some jurisdictions extend copyright to the contributions made by these persons; other jurisdictions extend such exclusive rights in the form of neighboring rights. Neighboring rights may include performers’ rights or broadcasters’ rights, among others. The Rome Convention sets forth some guidelines on the scope of neighboring rights. Not all jurisdictions recognize neighboring rights.

What are sui generis database rights?

Sui generis database rights grant qualifying database makers the right to prohibit the extraction and reuse of a substantial portion of a database. The rights are granted to database makers that make a substantial investment of time and resources to create the database. Sui generis database rights are primarily enacted within the European Union and a handful of other jurisdictions.

What are collecting societies?

Collecting societies are copyright management organizations. Some examples of collecting societies include ASCAP and BMI (United States), BUMA/STEMRA (Netherlands), PRS (United Kingdom), and APRA (Australia). These societies license works on behalf of their owners and process royalty payments from parties using the copyrighted works.

CC offers additional information on how collecting societies might affect your rights and your ability to apply CC licenses to your work. CC has several pilots underway with collecting societies that have chosen to allow their members to use CC licenses on a limited basis.

What are publicity, personality, and privacy rights?

These terms are used differently in different jurisdictions. Generally speaking, these rights allow individuals to control the use of their voice, image, likeness, or other identifiable aspect of their identity, especially for purposes of commercial exploitation. Similarly, in some jurisdictions these rights allow people to restrict others’ ability to publish information about them without their permission. Whether and to what extent these rights exist, and if so, how they are labeled, varies depending on the jurisdiction.

Creative Commons licenses have a limited effect on these rights where the licensor holds them. Where the licensor has publicity, personality, or privacy rights that may affect your ability to use the material as the license intends, the licensor agrees to waive or not assert those rights. However, any such rights not held by the licensor are not affected and may still affect your desired use of a licensed work. If you have created a work or wish to use a work that might in some way implicate these rights, you may need to obtain permission from the individuals whose rights may be affected.

Data

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

: Uses of CC Licenses with Data and Databases : Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker’s investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [marking page]https://wiki.creativecommons.org/wiki/Marking_your_work_with_a_CC_license “wikilink”) for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights–but not copyright–are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.1 These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker’s substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Artificial intelligence and CC licenses

What are the limits on how CC-licensed works can be used in the development of new technologies, such as training of artificial intelligence software?

The licenses grant permission for reuse in any situation that requires permission under copyright. There are many ways in which CC-licensed work works and even all rights reserved works can be reused without permission. This includes uses that are fair uses, for example.

If someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected. This is one of the enduring qualities of our licenses — they have been carefully designed to work with all new technologies where copyright comes into play. No special or explicit permission regarding new technologies from a copyright perspective is required.

But what about privacy laws, rules governing ethical research, and data protection laws?

CC’s copyright licenses are not universal policy tools. Copyright is the primary obstacle to reuse that our licenses solve, but there are many other issues related to the reuse of content that our licenses do not address and that reusers should be aware of. These can include privacy and rules governing ethical research and the collection or use of data, which have to be addressed and respected separate and apart from the copyright issues that CC licenses cover.

What attribution obligations exist when CC-licensed images are included in a published dataset? Is linking to the original image or URI required, and if so, is it adequate?

It depends. First, keep in mind that CC licenses never limit uses that copyright doesn’t control. For example, as a general matter text and data mining in the United States is considered a fair use and does not require permission under copyright. This means that reusers engaged in text and data mining do not have to adhere to the marking and attribution requirements in our licenses for that activity even though we strongly recommend they do so anyway. A second example is linking. In some countries, linking to copyrighted content doesn’t require permission under copyright law, which means the CC license obligations do not come into play even though the linked content is CC-licensed.

Where a CC-licensed work is distributed as part of a database or dataset, and assuming copyright (or in the European Union, copyright or sui generis database rights) is triggered, then the license conditions must be respected. This means providing the required attribution information in a way that is reasonable under the circumstances. Our licenses allow for some flexibility, and in some cases that may be as simple as providing a link to the website where the relevant attribution information is provided. Visit our marking practices page for more information.

If a for-profit company uses CC-licensed content under a Non Commercial license and releases the work under terms that allow only research purposes, is the NC restriction violated?

This depends on whether any of the uses made of the works by the company, whether for profit or non profit, are primarily intended for commercial advantage or monetary compensation. This is hard to know without having all of the facts about how a work was used, whether internally by the company for its own purposes or how the work was distributed for further use. Visit our NC page for more information about what constitutes commercial and non commercial uses of works.

If NC-licensed content is redistributed to the public under an NC license, that distribution would not violate the NC clause. (Note that CC strongly discourages the use of any license terms other than a CC NC license for redistributions of NC-licensed content.)

If CC SA-licensed content is included in a database, does the entire database have to be licensed under an SA license?

CC licenses never require a reuser of a CC-licensed work to make the original work or resulting works (collections, derivatives, etc.) publicly available. There are lots of private reuses of works that are permitted by CC’s licenses that do not require compliance with their terms. Regarding ShareAlike, the condition only applies if a work is modified and if the work is shared publicly. In the situation where a reuser created a dataset of photos and made it publicly available, and assuming copyright permission is required, then what is released is likely a collection or compilation of pre-existing works. CC licenses do not require the collection or the compilation itself to be made available under an SA license, even though each individual work is still licensed individually under an SA license and if they were modified by the distributor the modified photo would need to be licensed under the same terms. For example, were Creative Commons to compile photographs from a photo sharing website under a BY-SA 2.0 license and create a database that it then publicly distributed, CC could license the collection as a whole under a BY license, but the photographs would continue to be licensed under BY-SA 2.0.

What, if any, remedies, do users have if they dislike how their photos or images have been reused?

Several remedies are potentially available. Some may be available if the CC license terms have been violated, and others may be available through other, separate avenues because they involve other laws or regulations that the CC licenses do not cover. It’s important to remember, however, that absent a violation of the license the permissions granted under the license remain in place and cannot be revoked.

  • Under the CC licenses, even if a license condition has not been violated licensors can ask that attribution to them be removed so they can distance themselves from the reuse.
  • For violations of a CC license term where the license was required (not a fair use, etc.) then you may have a claim for copyright infringement. Fortunately, in the CC community most license violations are handled amicably without resorting to the courts.
  • For claims involving laws and regulations other than copyright, recourse may be available depending on your local laws.

An important starting point for any would-be sharer of content under a CC license is to educate yourself in advance about how they work and what rights they do and do not cover. We have many FAQs on our website. We also provide human-readable deeds with links to the full text of our licenses. Additionally, all of our licenses highlight at the beginning many considerations that licensors should have in mind before they license, and considerations for reusers of works before they do so in order to avoid inadvertent violations.

Notes

  1. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).↩

#####EOF##### Creative Commons — Kreditering-DelPÃ¥SammeVilkÃ¥r 3.0 Ikke-porteret — CC BY-SA 3.0
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Creative Commons License Deed

Kreditering-DelPåSammeVilkår 3.0 Ikke-porteret (CC BY-SA 3.0)

Dette er en menneskelæsbar opsummering af (og ikke en erstatning for) licensen. Ansvarsfraskrivelse.

Du har frihed til:

  • Tilpasse — remixe, transformere og bygge videre pÃ¥ materialet
  • til alle formÃ¥l, ogsÃ¥ kommercielle.
  • Licensgiveren kan ikke tilbagetrække disse friheder sÃ¥ længe du følger licensvilkÃ¥rene.

På følgende vilkår:

  • Kreditering — Du skal give passende kreditering, lave et link til licensen, og fortælle om eventuelle forandringer af værket. Det mÃ¥ du gøre pÃ¥ enhver fornuftig mÃ¥de, men ikke tage hensyn til om licensholderen kan godkende din anvendelse.

  • DelPÃ¥SammeVilkÃ¥r — Hvis du remixer, ændrer eller bygger videre pÃ¥ materialet, skal du distribuere dit bidrag under samme licens som originalen.

  • Ingen yderligere begrænsninger — Du mÃ¥ ikke tilføje juridiske termer eller teknologiske tiltag som juridisk forhindrer andre i at gøre hvad licensen tillader.

Bemærkninger:

  • Du behøver ikke efterleve licensen for elementer af materialet, der er i public domain eller hvor din anvendelse er tilladt som følge af relevant undtagelse eller begrænsning.
  • Ingen garantier gives. Licensen giver dig muligvis ikke alle tilladelser, der er nødvendige for din ønskede anvendelse. For eksempel kan andre rettigheder sÃ¥som offentligheds-, privatlivs- eller moralske rettigheder begrænse hvordan du mÃ¥ bruge materialet.
#####EOF##### Policies - Creative Commons
Creative Commons > Policies

Policies

Creative Commons maintains and publishes policies that apply to the use of our websites, content and software that we publish, our trademarks, and to those participating in the Creative Commons Global Network, including Individual and Institutional Members, as well as non-Members who participate in CC projects around the world. Note that some of these policies are maintained on other website pages but can be viewed by clicking on the relevant link below.

The following policies are applicable to anyone who uses our websites.

The Creative Commons Trademark Policy applies to anyone who uses the CC trademarks.

When you participate in the Creative Commons Global Network (“CCGN”) as a member or non-member, in addition to the generally applicable policies on this page, the following legal policies apply to you as you engage with CC and the network:

CC’s Licensing Statement for Content and Software Code

Other than the Creative Commons trademarks (licensed subject to the Trademark Policy below) and the text of Creative Commons legal tools and human-readable Commons deeds (dedicated to the public domain as specified below), all content on this site is licensed under the Creative Commons Attribution 4.0 International license unless otherwise marked.

Software: All of the software code we create is free software. Please check our code repository for the specific license that applies to software code you wish to use.
Legal text (we call this legal code) and Commons deeds: Creative Commons makes the legal code of its licenses and the CC0 Public Domain Dedication available under the CC0 Public Domain Dedication. CC also makes the Commons deeds associated with its licenses, the CC0 Public Domain Dedication, and the Public Domain Mark available under the CC0 Public Domain Dedication. This allows anyone to reuse those texts for any purpose; however, CC reserves fully and unconditionally all trademark and branding rights associated with the licenses, the CC0 Public Domain Dedication, and the Commons deeds. See the Trademark Policy below for more detail.

Creative Commons Trademark Policy

Trademarks are words, graphic designs, or other indicia that identify the source of a product or service. Creative Commons uses a variety of trademarks. Some Creative Commons trademarks serve the purpose of (i) communicating the type of legal tool chosen by the rights holder and/or (ii) indicating that the creator has applied a Creative Commons license to her work. Our registered trademarks and other trademarks include CREATIVE COMMONS (regardless of stylization, capitalization, translation, or other presentation), CC (including the CC in a circle logo (the “CC Logo”) and CC standing alone), CC+ (within a circle or standing alone) and CCPlus, CC0, all of the Creative Commons license and public domain buttons and icons, and any combination of the foregoing, whether integrated into a larger whole or standing alone. This also includes all of the CC trademarks incorporated into Unicode and any other similar standard.

You are authorized to use our trademarks subject to this Trademark Policy, and only on the further condition that you download images of the trademarks directly from our website or apply them through an authorized provider, including software that incorporates the trademarks in Unicode. You are not authorized to use any modified versions of our trademarks, except that you may use a different color for the CC logo and its background so long as the two colors chosen have a contrast ratio of at least 3:1.

Creative Commons retains the right to revoke any trademark license for any reason or for no specified reason. Creative Commons is particularly likely to revoke a license if, in its sole discretion, it finds that your use of the trademark is likely to bring disrepute to Creative Commons or any of its trademarks, or confuses the public. For the avoidance of doubt, you do not need our permission to use our corporate logo for referential use (e.g., to refer to Creative Commons as an organization), provided that such use does not imply endorsement by or association with Creative Commons.

For the avoidance of doubt, no member of the CC affiliate network or of the CC Global Network, including chapters, is authorized to use CC’s trademarks except in compliance with this policy. This includes, without limitation, that no use of CC trademarks may be used for projects or activities that are not expressly approved in advance by Creative Commons (via legal@creativecommons.org). Creative Commons intends to update these policies in advance of the CC Global Summit 2018, and once updated will apply to all members of the CC Global Network.

Modification of CC Licenses: To prevent confusion and maintain consistency, you are not allowed to use CREATIVE COMMONS, CC, the CC Logo, or any other Creative Commons trademarks with modified versions of any of our legal tools or Commons deeds, including modifications that do not modify the legal code directly but that further restrict or condition the rights granted by the particular legal tool. These modifications are often contained in a website’s terms of use, and where they are present you may not suggest that you are offering works under a Creative Commons legal tool. For the avoidance of doubt, you may not use any CC trademarks with unofficial language translations of CC licenses. See this page for more information.

Creative Commons Public Copyright License Marks: Creative Commons licenses the use of its public copyright license marks, which include the CC Logo, on the conditions that you use the marks solely to describe the Creative Commons license that applies to a particular work and, in a manner reasonable to the medium and context, include the URI or a hyperlink to the corresponding Commons deed on the Creative Commons server.

Public Domain Dedication Marks: Creative Commons licenses the use of its public domain dedication marks, on the conditions that you use the mark solely to describe that the CC0 Public Domain Dedication applies to a particular work and, in a manner reasonable to the medium and context, include the URI or a hyperlink to the Commons deed on the Creative Commons server.

Public Domain Mark: Creative Commons licenses the use of its trademarked Public Domain Mark badge on the conditions that you use the mark solely to describe that the Creative Commons Public Domain Mark applies to a particular work and, in a manner reasonable to the medium and context, include the URI or hyperlink to the Public Domain Mark on the Creative Commons server.

Creative Commons License Buttons and Icons: Creative Commons licenses the use of its button marks that describe a particular legal tool and its icon marks that describe a key license element, such as BY, NC, ND, and SA, on the conditions that you use the mark solely to describe the Creative Commons legal tool that applies to a particular work and, in a manner reasonable to the medium and context, include the URI or hyperlink to the relevant Commons deed on the Creative Commons server.

Legacy marks: Creative Commons has retired some of its prior legal tools, all of which have associated trademarks, such as the Developing Nations License, the Sampling License, and Founder’s Copyright. Although these tools have been retired and are no longer recommended for use, they are still legally effective as to works to which they are applied. Therefore, those trademarks may only be used under the terms and conditions of this Trademark Policy. Creative Commons licenses the use of its legacy marks on the conditions that you use the mark solely to describe the Creative Commons legal tool that applies to the particular work and, in a manner reasonable to the medium and context, include the URI or hyperlink to the relevant Commons deed on the Creative Commons server. Note that legacy marks are not available for download on our website.

Additional permissions: In addition to the permissions granted in advance to the public as set forth above, Creative Commons may agree to grant additional permissions upon request. Please submit any such request to legal@creativecommons.org. Except as specifically stated above or otherwise set forth in a written agreement with you, no additional permissions are granted.

Merchandising Policy: If you would like to use the Creative Commons or other CC trademarks on clothing or other merchandise, you must first receive permission from Creative Commons. Please submit your request to legal@creativecommons.org.

CCGN Internet Services Policy

This Policy governs the operation of websites, social media accounts, and mailing lists for CC Chapters in the Creative Commons Global Network.

Chapter Websites

To avoid confusion, all Chapters should have one principal public source of online information about the Chapter and its activities. Chapters can choose to use a subdomain provided and hosted by CC HQ, or Chapters can use a domain name of their own and host/manage the site themselves. If Chapters use their own domain name, the subdomain will be forwarded, so that everyone coming to creativecommons.org can find the site.

                       Subdomains: Creative Commons will establish a subdomain on its main website for each Chapter. The sub-domain will consist of xx.creativecommons.org, where xx is the top-level domain extension for the Project’s jurisdiction (e.g., ca.creativecommons.org). The subdomain will be maintained by CC HQ as part of a WordPress multisite setup. Each Chapter is asked to designate at least one representative to be on point to correspond with CC about administrator access privileges to the subdomain.

                       Top-Level Domain Names (“TLDs”) and Country Code Top-Level Domains (“ccTLD”): Chapters may decide to use a separate domain name. We ask that such website holders hold the domain name and website in trust for Creative Commons, and add Creative Commons as a technical contact on the WHOIS for the site. If, at any time, the Chapter decides that the website and domain should be operated by another person or institution or retired, the website holder must cooperate in the transfer or lapse of the website and domain, as applicable. Creative Commons reserves the right to decide that a TLD must be transferred to Creative Commons or shut down in order to avoid trademark confusion, if a Chapter was unable to continue operating, or for any other reason.

Chapter Website Content

All website content on Chapter Websites should be made available under a CC license, ideally CC BY 4.0 or CC0. Chapters should establish their own guidelines for continued operation and updating of their Chapter Website, consistent with the Chapter Guidelines (https://github.com/creativecommons/global-network-strategy/blob/master/docs/chapters-guidelines.md) and other CC policies. All Chapter Websites must include a prominent disclaimer that the website does not provide legal advice. CC reserves the right to request the removal of any content that fails (in CC’s sole discretion) to comply with this or other CC policies.

Chapter Website Administration

As part of the main Creative Commons website, the subdomains are managed by Creative Commons and therefore subject to all of the policies of the CC site, including the DMCA policy, terms of service, and privacy policy. Every participant in a Chapter agrees to comply with all such policies and will take any actions requested by CC in order to ensure compliance. Unlike subdomains, Chapters that choose to operate TLDs in accordance with the above are alone responsible for ensuring that they establish and maintain terms of service, a privacy policy, and any other policies necessary to comply with applicable laws, including copyright and data privacy laws.

Chapter Social Media Accounts

Chapters may establish and maintain a single account on a reasonable number of public-facing social media platforms on behalf of the Chapter. The Chapter should track the accounts, platforms, and login information as they are established, and alert CC as to which accounts it has and who operates them on behalf of the Chapter. The Chapter is responsible for ensuring consistency and quality in the content and operation of those accounts, and may establish guidelines in accordance with the Chapter Guidelines (https://github.com/creativecommons/global-network-strategy/blob/master/docs/chapters-standards.md) to achieve this.

Chapter Mailing Lists

If a Chapter wants to set up and maintain a mailing list for its activities, the Chapter may use the services provided by Creative Commons. Whether or not using CC-provided mailing lists, everyone participating in a Chapter must comply with data privacy laws when dealing with participant email addresses and other personal information.

Chapter Github Repositories

Each Chapter may request that Creative Commons open one repository on their behalf on CC’s organization account on Github. The Chapter is responsible for ensuring that the repository is used in accordance with Github terms and applicable law.

Note: This policy may be updated from time to time following consultation and collaboration with the Global Network Council.

Chapter Logo Policy

Every CC Chapter around the world, once established in accordance with the Charter and other applicable rules and guidelines, may create a single logo to designate their particular country chapter (“Chapter Logo”). The Chapter Logo must include our “Creative Commons” name and/or our CC in a circle logo in their original font and style.

Chapter Logo Approval: The Chapter Lead must submit the Chapter Logo to legal@creativecommons.org for approval. For the avoidance of doubt, this approval requirement applies even in cases where a Chapter selects a logo that was previously used in connection with a CC affiliate team under the prior network governance model.

Use of the Chapter Logo: We give you permission to use the approved Chapter Logo of the CC Chapter in which you are a participant, solely in order to promote and further the CC-related work done by your CC Chapter consistent with the Charter [https://creativecommons.org/network/charter/], the rules established by the CC Global Network Council, and the policies and positions established by Creative Commons. We recognize that you and the other individuals and institutions involved in your CC Chapter are also engaged in jobs, projects, and activities that are tangentially or unrelated to CC.  For the avoidance of doubt, you and others involved in the CC Chapter are not entitled to use the Chapter Logo for any purposes other than those stated above.

We will continue to work with you to ensure that you and others involved in the CC Chapter use the Chapter Logo in a manner consistent with the principles and policies of CC.  You agree to fully cooperate with and take any actions requested by CC relating to all usage of the Chapter Logo by anyone involved in your CC Chapter. It is understood that CC can end this permission at any time in its sole discretion, including if at any time your status as a participant ends, the CC Chapter becomes inactive, or if you or others involved in the CC Chapter fail to cooperate with or adhere to the policies of CC.  

You further agree to comply with any policies set forth by your Chapter as to how the Chapter Logo may or may not be used. In the event of a conflict between a guideline set forth by your Chapter and a policy of Creative Commons, the Creative Commons policy will govern.

Ownership of the Chapter Logo: All uses of the Chapter Logo will inure solely to Creative Commons. You and the others involved in your CC Chapter will obtain no ownership or other rights to the Chapter Logo.  You agree not to contest, oppose, impair, or challenge CC’s ownership of the Chapter Logos or any of its other trademarks. You will not register or attempt to register the Chapter Logo as a trademark in any jurisdiction and will not oppose CC’s registration or use of the Chapter Logo.

Page last updated: 29 May 2018

#####EOF##### Videos - Creative Commons
Creative Commons > What we do > Videos

Videos

One of the best ways to learn about Creative Commons is to watch one of our videos.

What is Creative Commons?what-is-cc

From our friends at Wikimedia, a short video describing Creative Commons licenses.

CC:RewireScreen Shot 2016-08-29 at 2.11.07 PM

A video from our big CC:Rewire event in San Francisco in June, 2016


Made with CCmade-with-cc_2

Our newest video describes our work with open business models and Creative Commons for makers on the Web.

Creative Commons Kiwi

This short and fun animation video by Creative Commons Aotearoa New Zealand explains the CC licenses.

A Shared Culture

A high-level overview of the goals of Creative Commons and how we are “saving the world from failed sharing.” Created by Jesse Dylan, director of the “Yes We Can” video.

Get Creative

This short film covers the basics of why we formed, what we do, and how we do it.

Wanna Work Together?

Wanna Work Together? explains in practical details how creators expose, share, and remix their works using our free public licenses.

Building on the Past

The winner of our Moving Images Contest, Justin Cone created a short, succinct “commercial” that demonstrates what Creative Commons is, and how it works, in a slick package.

CC Pukekopukeko

Imagine if every teacher in New Zealand – all fifty thousand of them – shared their resources openly. Everyone would have the best educational content for free, without needing to ask permission. No more building resources from scratch, or reinventing the wheel.

#####EOF##### 4.0 draft 4 ready for comment - final consultation before publication - Creative Commons
Creative Commons > Blog > Weblog > 4.0 draft 4 ready for comment — final consultation before publication

4.0 draft 4 ready for comment — final consultation before publication

Diane Peters

September 12, 2013

We are delighted to finally publish the fourth and final draft of the 4.0 license suite for public comment. We are publishing draft 4 of BY-NC-SA today, and will publish the other five licenses over the course of the next few days.

The prior public comment period – lengthy as it was – netted important input from the community, stakeholders, and our affiliate community. It was also the signal for CC to pause and consider one final time what more we might do to make the license suite as long-lasting, international, and easy to use as possible. We have introduced changes in this draft that we feel accomplish these goals more completely. A few highlights follow – read more on our 4.0 wiki.

ShareAlike – In discussions with our community (including our affiliate network), it has become evident that there exist several different understandings about how ShareAlike operates — in particular, whether and how the licenses “stack” when different SA licenses are applied (such as ports and later versions), like they stack for adaptations of BY and BY-NC works. We also know that in practice, many (perhaps even most) users of those remixes look only to the last SA license applied as the source of their obligations as to all copyright holders.

Given the expected longevity of the 4.0 suite, we are taking the opportunity now to insert a provision (see Section 2(a)5)) that brings the legal code fully in line with what we believe is the prevailing practice and expectation. Thus, while the original license continues to apply to the original, all copyrights in remixes of 4.0 SA-licensed works will be under a unified set of terms and conditions (those of the last SA license applied), even when a later version of the SA license is applied by a downstream remixer. We welcome input on this important revision.

Effective Technological Measures – While we are retaining the prohibition on these measures, we are taking the opportunity to clarify within the license what has been long-standing confusion over what is and is not prohibited. We introduce in draft 4 a new defined term that makes clear that the prohibition is limited to those technologies that have the effect of imposing legal restrictions on reuse, just as our licenses prohibit additional terms that restrict reuse.

Attribution – Draft 4 improves inter-version compatibility between 4.0 and prior license suites while retaining the new addition introduced earlier that subjects all requirements to a standard of reasonableness.

Other improvements include consolidation of provisions relating to sui generis databse rights for ease of reference and to reduce confusion, eliminating an unnecessary (and confusing) license interpretation clause, removal of a provision that would have allowed customized warranties to form part of the license, and other language clean up and simplification. Read more about the changes and improvements to draft 4, including a comparison of this draft to Draft 3 [PDF] and a chart summarizing changes to the attribution and marking requirements [PDF]. More info on our 4.0 wiki.

Please note that this consultation period is abbreviated. We will be drawing the comment period to a close sometime the week of September 23rd. Please participate!

Category:Weblog

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#####EOF##### CC Friendly Lawyers - Creative Commons

CC Friendly Lawyers

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#####EOF##### Creative Commons Legal Code

Creative Commons

Creative Commons Legal Code

Attribution-ShareAlike 2.0

CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.

License

THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.

BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.

1. Definitions

  1. "Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
  2. "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License.
  3. "Licensor" means the individual or entity that offers the Work under the terms of this License.
  4. "Original Author" means the individual or entity who created the Work.
  5. "Work" means the copyrightable work of authorship offered under the terms of this License.
  6. "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
  7. "License Elements" means the following high-level license attributes as selected by Licensor and indicated in the title of this License: Attribution, ShareAlike.

2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.

3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:

  1. to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;
  2. to create and reproduce Derivative Works;
  3. to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works;
  4. to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works.

  5. For the avoidance of doubt, where the work is a musical composition:

    1. Performance Royalties Under Blanket Licenses. Licensor waives the exclusive right to collect, whether individually or via a performance rights society (e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital performance (e.g. webcast) of the Work.
    2. Mechanical Rights and Statutory Royalties. Licensor waives the exclusive right to collect, whether individually or via a music rights society or designated agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from the Work ("cover version") and distribute, subject to the compulsory license created by 17 USC Section 115 of the US Copyright Act (or the equivalent in other jurisdictions).
  6. Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Work is a sound recording, Licensor waives the exclusive right to collect, whether individually or via a performance-rights society (e.g. SoundExchange), royalties for the public digital performance (e.g. webcast) of the Work, subject to the compulsory license created by 17 USC Section 114 of the US Copyright Act (or the equivalent in other jurisdictions).

The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved.

4. Restrictions.The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:

  1. You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any reference to such Licensor or the Original Author, as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any reference to such Licensor or the Original Author, as requested.
  2. You may distribute, publicly display, publicly perform, or publicly digitally perform a Derivative Work only under the terms of this License, a later version of this License with the same License Elements as this License, or a Creative Commons iCommons license that contains the same License Elements as this License (e.g. Attribution-ShareAlike 2.0 Japan). You must include a copy of, or the Uniform Resource Identifier for, this License or other license specified in the previous sentence with every copy or phonorecord of each Derivative Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Derivative Works that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder, and You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Derivative Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Derivative Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Derivative Work itself to be made subject to the terms of this License.
  3. If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Derivative Works or Collective Works, You must keep intact all copyright notices for the Work and give the Original Author credit reasonable to the medium or means You are utilizing by conveying the name (or pseudonym if applicable) of the Original Author if supplied; the title of the Work if supplied; to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and in the case of a Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.

5. Representations, Warranties and Disclaimer

UNLESS OTHERWISE AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE MATERIALS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.

6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Termination

  1. This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Derivative Works or Collective Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
  2. Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.

8. Miscellaneous

  1. Each time You distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
  2. Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
  3. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
  4. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
  5. This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.

Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.

Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, neither party will use the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time.

Creative Commons may be contacted at https://creativecommons.org/.

« Back to Commons Deed
#####EOF##### Creative Commons — Attribution-ShareAlike 4.0 International — CC BY-SA 4.0
This page is available in the following languages: Languages
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Creative Commons License Deed

Attribution-ShareAlike 4.0 International (CC BY-SA 4.0)

This is a human-readable summary of (and not a substitute for) the license. Disclaimer.

You are free to:

  • Adapt — remix, transform, and build upon the material
  • for any purpose, even commercially.
  • The licensor cannot revoke these freedoms as long as you follow the license terms.

Under the following terms:

  • Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.

  • ShareAlike — If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.

  • No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.

Notices:

  • You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.
  • No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
#####EOF##### Arts & Culture - Creative Commons
Creative Commons > What we do > Program areas > Arts & Culture

Arts & Culture

Our goal at Creative Commons is to increase cultural creativity in “the commons” — the body of work freely available to the public for legal use, sharing, repurposing, and remixing. We realize there’s an inherent conflict between innovative digital culture and outdated copyright laws. Our licenses help bridge that conflict so that the Internet can reach its full potential.

We support the culture of the commons at both the individual and institutional levels.

User-Generated Culture

Whether you’re a photographer, writer, filmmaker, or DJ, our licenses can help make your work part of the commons. The Internet is a multiplier of cultural innovation. Creative Commons licenses make it easier for individual creators of culture to express themselves and to identify the freedoms they want their creativity to carry on the Internet.

We support user-generated culture in three key ways.

  1. We generate copyright licenses that anyone can adopt. The License Chooser tool helps you choose a copyright license that’s right for you based on how you want your work to be used and where. Anyone can obtain a license and embed it into their web site. It’s really that easy.
  2. We work with content sharing platforms like Wikipedia and Flickr to provide their users with the option of licensing their works with Creative Commons licenses. By embedding Creative Commons licenses right into these systems, we can help users create and share their work on a large scale.
  3. We collaborate with technology companies like Google to make commons content easier to discover. Having tools is one thing, but they aren’t useful if people can’t find them.

Institutional Culture

The role of individuals in the cultural commons is growing, but a huge amount of our cultural heritage still resides within institutions. We work with museums, galleries, libraries, digital archives, and other cultural organizations to bring Creative Commons licenses into their infrastructures to manage their materials and make them more widely available. The following slides highlight some of these institutions that are sharing their collections online using CC tools.

Creative Commons is about building infrastructure for a new kind of culture — one that is both a folk culture, and wildly more sophisticated than anything before it.

#####EOF##### Creative Commons — Attribution-NonCommercial 2.5 Generic — CC BY-NC 2.5
This page is available in the following languages: Languages
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Creative Commons License Deed

Attribution-NonCommercial 2.5 Generic (CC BY-NC 2.5)

This is a human-readable summary of (and not a substitute for) the license. Disclaimer.

You are free to:

  • Adapt — remix, transform, and build upon the material
  • The licensor cannot revoke these freedoms as long as you follow the license terms.

Under the following terms:

  • No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.

Notices:

  • You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.
  • No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.

A new version of this license is available. You should use it for new works, and you may want to relicense existing works under it. No works are automatically put under the new license, however.

#####EOF##### Legal tools / licenses Archives - Creative Commons
Creative Commons > Blog > Legal tools / licenses

Legal tools / licenses

European Commission adopts CC BY and CC0 for sharing information

Last week the European Commission announced it has adopted CC BY 4.0 and CC0 to share published documents, including photos, videos, reports, peer-reviewed studies, and data. The Commission joins other public institutions around the world that use standard, legally interoperable tools like Creative Commons licenses and public domain tools to share a wide range of … Read More “European Commission adopts CC BY and CC0 for sharing information”

Legal tools / licenses

Traditional Knowledge and the Commons: The Open Movement, Listening, and Learning

CC licenses and public domain tools help individuals, organisations, and public institutions better disseminate digital resources and data, breaking down the typical barriers associated with traditional “all rights reserved” copyright. At the same time, CC licenses can’t do everything for everyone. First, the licenses operate in the sphere of copyright and similar rights. They do … Read More “Traditional Knowledge and the Commons: The Open Movement, Listening, and Learning”

Legal tools / licenses
#####EOF##### Frequently Asked Questions - Creative Commons
English | Français

Frequently Asked Questions

2019-04-02 14:07:11 UTC

These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information.

  • Other CC FAQs: CC0 Public Domain Dedication and Public Domain Mark.
  • “Licensor”, “rights holder”, “owner”, and “creator” may be used interchangeably to refer to the person or entity applying a CC license.
  • Information about the licenses is primarily made with reference to the 4.0 suite, but earlier license versions are mentioned where they differ.
  • Have a question that isn’t answered here? Contact info@creativecommons.org.

Creative Commons does not provide legal advice. This FAQ is for informational purposes and is not a substitute for legal advice. It may not cover important issues that affect you. You should consult with your own lawyer if you have questions.

About CC

What is Creative Commons and what do you do?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. Our legal tools help those who want to encourage reuse of their works by offering them for use under generous, standardized terms; those who want to make creative uses of works; and those who want to benefit from this symbiosis. Our vision is to help others realize the full potential of the internet. CC has affiliates all over the world who help ensure our licenses work internationally and who raise awareness of our work.

Although Creative Commons is best known for its licenses, our work extends beyond just providing copyright licenses. CC offers other legal and technical tools that also facilitate sharing and discovery of creative works, such as CC0, a public domain dedication for rights holders who wish to put their work into the public domain before the expiration of copyright, and the Public Domain Mark, a tool for marking a work that is in the worldwide public domain. Creative Commons licenses and tools were designed specifically to work with the web, which makes content that is offered under their terms easy to search for, discover, and use.

For more information about CC, our main website contains in-depth information about the organization, its staff and board of directors, its history, and its supporters. You can also read CC case studies to learn about some of the inspiring ways CC licenses and tools have been used to share works and support innovative business models. You can find regularly updated information about CC by visiting the blog.

Absolutely not. CC has responded to claims to the contrary. CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

That said, Creative Commons recognizes the need for change in copyright law, and many members of the Creative Commons community are active participants in the copyright reform movement. For more information, see our statement in support of copyright reform.

What does “Some Rights Reserved” mean?

Copyright grants to creators a bundle of exclusive rights over their creative works, which generally include, at a minimum, the right to reproduce, distribute, display, and make adaptations. The phrase “All Rights Reserved” is often used by owners to indicate that they reserve all of the rights granted to them under the law. When copyright expires, the work enters the public domain, and the rights holder can no longer stop others from engaging in those activities under copyright, with the exception of moral rights reserved to creators in some jurisdictions. Creative Commons licenses offer creators a spectrum of choices between retaining all rights and relinquishing all rights (public domain), an approach we call “Some Rights Reserved.”

No. Creative Commons is not a law firm and does not provide legal advice or legal services. CC is similar to a self-help service that offers free, form-based legal documents for others to use. These FAQ answers many of the most common questions. There is also specialized information available on the following pages:

While CC does provide this informational guidance about its licenses and other tools, this information may not apply to your particular situation, and should never be taken as legal advice.

If you’re looking for legal advice about using CC licenses and other tools, we recommend contacting the Creative Commons affiliate in your jurisdiction. CC affiliates are highly connected to the communities of copyright lawyers in their countries. We also offer a list of lawyers and organizations who have identified themselves as willing to provide information to others about CC licensing issues. However, please note that CC does not provide referral services, and does not endorse or recommend any person on that list.

Does Creative Commons collect or track material licensed under a CC license?

No, CC does not collect content or track licensed material. However, CC builds technical tools that help the public search for and use works licensed under our licenses and other legal tools, and many others have built such tools as well. CC Search is one tool developed by CC to help the public discover works offered under Creative Commons licenses on the internet via CC-aware search engines and repositories.

What do the Creative Commons buttons do?

The CC buttons are a shorthand way to convey the basic permissions associated with material offered under CC licenses. Creators and owners who apply CC licenses to their material can download and apply those buttons to communicate to users the permissions granted in advance. When the material is offered online, the buttons should usually link out to the human-readable license deeds (which, in turn, link to the license itself).

May I use the Creative Commons logo and buttons?

You may download high resolution versions of the Creative Commons logos and use them in connection with your work or your website, provided you comply with our policies. Among other things, if you use the logos on a website or on your work, you may not alter the logos in any respect—such as by changing the font, the proportions, or the colors. CC’s buttons, name, and corporate logo (the “CC” in a circle) are trademarks of Creative Commons. You cannot use them in ways not permitted by our policies unless you first receive express, written permission. This means, for example, that you cannot (without our permission) print your own buttons and t-shirts using CC logos, although you can purchase them in CC’s store.

I love Creative Commons. How can I help?

Please support CC by making a donation through our support page. Donations can be handled through PayPal or by credit card. You can also support CC by visiting our store.

CC always welcomes your feedback, which you can provide by emailing . You can also participate in CC’s email discussion lists and share feedback and ideas in one of those forums.

If you are a software developer, sysadmin, or have other technical expertise, please join our developer community and help build the tools that build the commons.

Finally, one of the best ways to support CC is by supporting our causes yourself. Follow our blog to find out about current issues where you can help get involved and spread the word, and advocate for free and open licensing in your own communities.

Why does Creative Commons run an annual fundraising campaign? What is the money used for and where does it go?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, with affiliates all over the world who help ensure our licenses work internationally and raise awareness about our work. Our tools are free, and our reach is wide.

In order to…

  • continue developing our licenses and public domain tools to make sure they are legally and technically up-to-date around the world,
  • help creators implement these tools on websites through best practices and individual assistance,
  • enable CC licensing on major content-sharing platforms,
  • enhance CC-licensed resource search and discovery,
  • advocate for CC licensing and open policies in education, science, and culture, and
  • myriad other activities we’re forgetting to mention, such as all the everyday boring but essential operations that go into running an organization

…we need $ to make it all happen! For more information, please take a look at our Annual Report.

Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. It is essential we have the public’s support because it is the creators and users of CC material who make our tools relevant in this digital age. They depend on the tools and services CC provides through their reuse and remix of the rich, open resources available on Wikipedia, Flickr, SoundCloud, Vimeo, Europeana, MIT OpenCourseWare, the Library of Science, Al Jazeera, and YouTube—just to name a few. Many of these people donate $10, $25, or $50 to CC, to help keep it up and running so we can continue to provide our tools and services for free, as a nonprofit organization. The more people who donate to CC, the more independent it will remain.

General License Information

What are Creative Commons licenses?

Creative Commons licenses provide an easy way to manage the copyright terms that attach automatically to all creative material under copyright. Our licenses allow that material to be shared and reused under terms that are flexible and legally sound. Creative Commons offers a core suite of six copyright licenses. Because there is no single “Creative Commons license,” it is important to identify which of the six licenses you are applying to your material, which of the six licenses has been applied to material that you intend to use, and in both cases the specific version.

All of our licenses require that users provide attribution (BY) to the creator when the material is used and shared. Some licensors choose the BY license, which requires attribution to the creator as the only condition to reuse of the material. The other five licenses combine BY with one or more of three additional license elements: NonCommercial (NC), which prohibits commercial use of the material; NoDerivatives (ND), which prohibits the sharing of adaptations of the material; and ShareAlike (SA), which requires adaptations of the material be released under the same license.

CC licenses may be applied to any type of work, including educational resources, music, photographs, databases, government and public sector information, and many other types of material. The only categories of works for which CC does not recommend its licenses are computer software and hardware. You should also not apply Creative Commons licenses to works that are no longer protected by copyright or are otherwise in the public domain. Instead, for those works in the worldwide public domain, we recommend that you mark them with the Public Domain Mark.

How do CC licenses operate?

CC licenses are operative only when applied to material in which a copyright exists, and even then only when a particular use would otherwise not be permitted by copyright. Note that the latest version of CC licenses also applies to rights similar to copyright, such as neighboring rights and sui generis database rights. Learn more about the scope of the licenses. This means that CC license terms and conditions are not triggered by uses permitted under any applicable exceptions and limitations to copyright, nor do license terms and conditions apply to elements of a licensed work that are in the public domain. This also means that CC licenses do not contractually impose restrictions on uses of a work where there is no underlying copyright. This feature (and others) distinguish CC licenses from some other open licenses like the ODbL and ODC-BY, both of which are intended to impose contractual conditions and restrictions on the reuse of databases in jurisdictions where there is no underlying copyright or sui generis database right.

All CC licenses are non-exclusive: creators and owners can enter into additional, different licensing arrangements for the same material at any time (often referred to as “dual-licensing” or “multi-licensing”). However, CC licenses are not revocable once granted unless there has been a breach, and even then the license is terminated only for the breaching licensee.

There are also videos and comics that offer visual descriptions of how CC licenses work.

Which is the latest version of the licenses offered by Creative Commons?

In November 2013, Creative Commons published the version 4.0 license suite. These licenses are the most up-to-date licenses offered by CC, and are recommended over all prior versions. You can see how the licenses have been improved over time on the license versions page. 4.0 has been drafted to be internationally valid, and will have official translations becoming available after publication.

No. By design, CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions. This is a fundamental principle of CC licensing.

Who gives permission to use material offered under Creative Commons licenses?

Our licenses and legal tools are intended for use by anyone who holds copyright in the material. This is often, but not always, the creator.

Creative Commons offers licenses and tools to the public free of charge and does not require that creators or other rights holders register with CC in order to apply a CC license to a work. This means that CC does not have special knowledge of who uses the licenses and for what purposes, nor does CC have a way to contact creators beyond means generally available to the public. CC has no authority to grant permission on behalf of those persons, nor does CC manage those rights on behalf of others.

If you would like to obtain additional permissions to use the work beyond those granted by the license that has been applied, or if you’re not sure if your intended use is permitted by the license, you should contact the rights holder.

Are Creative Commons licenses enforceable in a court of law?

Creative Commons licenses are drafted to be enforceable around the world, and have been enforced in court in various jurisdictions. To CC’s knowledge, the licenses have never been held unenforceable or invalid.

CC licenses contain a “severability” clause. This allows a court to eliminate any provision determined to be unenforceable, and enforce the remaining provisions of the license.

What happens if someone applies a Creative Commons license to my work without my knowledge or authorization?

CC alerts prospective licensors they need to have all necessary rights before applying a CC license to a work. If that is not the case and someone has marked your work with a CC license without your authorization, you should contact that person and tell them to remove the license from your work. You may also wish to contact a lawyer. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What are the international (“unported”) Creative Commons licenses, and why does CC offer “ported” licenses?

One of CC’s goals is ensuring that all of its legal tools work globally, so that anyone anywhere in the world can share their work on globally standard terms. To this end, CC offers a core suite of six international copyright licenses (formerly called the “unported”) that are drafted based largely on various international treaties governing copyright, taking into account as many jurisdiction-specific legal issues as possible. The latest version (4.0) has been drafted with particular attention to the needs of international enforceability.

For version 3.0 and earlier, Creative Commons has also offered ported versions of its six core licenses for many jurisdictions (which usually correspond to countries, but not always). These ported licenses are based on the international license suite but have been modified to reflect local nuances in the expression of legal terms and conditions, drafting protocols, and language. The ported licenses and the international licenses are all intended to be legally effective everywhere. CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

Can governments and intergovernmental organizations (“IGOs”) use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors’ overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the “machine readable” layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]”; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you’re uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC’s Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC’s legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC’s Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and running pilot programs that allow creators to use CC licenses in some circumstances.

If you are already a member of a collecting society and want to use CC licenses, you are welcome to encourage your collecting society to give you the option of Creative Commons licensing.

Can I still make money from a work I make available under a Creative Commons license?

Yes. One of our goals is to encourage creators and rights holders to experiment with new ways to promote and market their work. There are several possible ways of doing this.

CC’s NonCommercial (NC) licenses allow rights holders to maximize distribution while maintaining control of the commercialization of their works. If you want to reserve the right to commercialize your work, you may do this by choosing a license with the NC condition. If someone else wants to use your work commercially and you have applied an NC license to your work, they must first get your permission. As the rights holder, you may still sell your own work commercially.

You may also use funding models that do not depend on using an NC license. For example, many artists and creators use crowdfunding to fund their work before releasing it under a less restrictive license. Others use a “freemium” model where the basic content is free, but extras such as a physical printed version or special access to a members-only website are for paying customers only.

For more information and ideas, The Power of Open presents case studies of artists, businesspeople, and organizations who use CC.

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

No. CC licenses allow for flexibility in the way credit is provided depending on the medium, means, and context in which a licensee is redistributing licensed material. For example, providing attribution to the creator when using licensed material in a blog post may be different than doing so in a video remix. This flexibility facilitates compliance by licensees and reduces uncertainty about different types of reuse—minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded.

Can I change the license terms or conditions?

Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons” or “CC” license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials. Keep in mind that altering terms and conditions is distinct from waiving existing conditions or granting additional permissions than those in the licenses. Licensors may always do so, and many choose to do so using the CC+ protocol to readily signal the waiver or additional permission on the CC license deed.

CC does not assert copyright in the text of its licenses, so you are permitted to modify the text as long as you do not use the CC marks to describe it. However, we do not recommend this. We also advise against modifying our licenses through indirect means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other material. This would prevent licensees from using, combining, or remixing content under your customized license with other content under the same or compatible CC licenses.

Modifying licenses creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.

Can I waive license terms or conditions?

Yes. You may always choose to waive some license terms or conditions. Material licensed under a CC license but with additional permissions granted or conditions waived may be compatibly licensed with other material under the same license. Our CC+ protocol provides a mechanism for facilitating that grant or waiver.

Can I enter into separate or supplemental agreements with users of my work?

Yes. CC licenses are nonexclusive. Licensors always have the option of entering into separate arrangements for the sharing of their material in addition to applying a CC license. However, those different arrangements are not “CC” or “Creative Commons” licenses.

Separate agreements: You may offer the licensed material under other licenses in addition to the CC license (a practice commonly referred to as “dual licensing”). For example, you may wish to license a video game soundtrack under both a CC license and the GPL, so that it may be used under either set of terms. A reuser may then choose which set of terms to comply with. Or, for example, you may offer your material to the public under a NonCommercial license, but offer commercial permissions to fee-paying customers.

Supplemental agreements: Problems arise when licensors design those terms or arrangements to serve not as separate, alternative licensing arrangements but as supplemental terms having the effect of changing the standard terms within the CC license. While you may offer separate terms and conditions to other parties, you should not do so in such a way that would neutralize terms of the CC license.

Except in the limited situation where more permissions are being granted or license conditions are waived, if the additional arrangement modifies or conflicts with the CC license terms, then the resulting licensing arrangement is no longer a CC licensing arrangement. To avoid confusing those who may mistakenly believe the work is licensed under standard CC terms, we must insist that in these instances licensors not use our trademarks, names, and logos in connection with their custom licensing arrangement.

It should be noted that any agreements you make with other parties only have an effect on the other parties to that agreement, and do not apply to anyone else receiving the licensed material. For example, if there are terms of use that apply to visitors to your website on which you host CC-licensed material, your terms of use may apply to visitors to that website, but not to anyone who receives copies of the CC-licensed material elsewhere. Even for the visitors to your website, any separate terms and conditions do not become part of the license—they remain a separate contractual agreement, and violation of this agreement does not constitute copyright infringement.

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

A CC license terminates automatically when its conditions are violated. For example, if a reuser of CC-licensed material does not provide the attribution required when sharing the work, then the user no longer has the right to continue using the material and may be liable for copyright infringement. The license is terminated for the user who violated the license. However, all other users still have a valid license, so long as they are in compliance.

Under the 4.0 licenses, a licensee automatically gets these rights back if she fixes the violation within 30 days of discovering it.

If you apply a Creative Commons license and a user violates the license conditions, you may opt to contact the person directly to ask them to rectify the situation or consult a lawyer to act on your behalf. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

As long as users abide by license terms and conditions, licensors cannot control how the material is used. However, CC licenses do provide several mechanisms that allow licensors to choose not to be associated with their material or to uses of their material with which they disagree.

First, all CC licenses prohibit using the attribution requirement to suggest that the licensor endorses or supports a particular use. Second, licensors may waive the attribution requirement, choosing not to be identified as the licensor, if they wish. Third, if the licensor does not like how the material has been modified or used, CC licenses require that the licensee remove the attribution information upon request. (In 3.0 and earlier, this is only a requirement for adaptations and collections; in 4.0, this also applies to the unmodified work.) Finally, anyone modifying licensed material must indicate that the original has been modified. This ensures that changes made to the original material–whether or not the licensor approves of them–are not attributed back to the licensor.

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

The use of any effective technical protection measures (such as digital rights management or “DRM”) by licensees to prevent others from exercising the licensed rights is prohibited.

Not all kinds of encryption or access limitations are prohibited by the licenses. For example, sending content via email and encrypting it with the recipient’s public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a particular set of users (for example, by requiring a username and password to enter a site) does not restrict further use of the content by the recipients. In these examples, these things do not prevent the recipient from exercising all of the rights granted by the license, including the right to redistribute it further.

If someone is applying effective technological measures to your CC-licensed material that do restrict exercise of the licensed rights (such as applying DRM that restricts copying), this is a violation of the license terms unless you have chosen to grant this permission separately.

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

No. CC licenses grant permission to use the licensed material in any media or format regardless of the format in which it has been made available. This is true even if you have applied a NoDerivatives license to your work. Once a CC license is applied to a work in one format or medium, a licensee may use the same work in any other format or medium without violating the licensor’s copyright.

What if I change my mind about using a CC license?

CC licenses are not revocable. Once something has been published under a CC license, licensees may continue using it according to the license terms for the duration of applicable copyright and similar rights. As a licensor, you may stop distributing under the CC license at any time, but anyone who has access to a copy of the material may continue to redistribute it under the CC license terms. While you cannot revoke the license, CC licenses do provide a mechanism for licensors to ask that others using their material remove the attribution information. You should think carefully before choosing a Creative Commons license.

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

CC offers six core licenses, each of which grants a different set of permissions. Before you use CC-licensed material, you should review the terms of the particular license to be sure your anticipated use is permitted. If you wish to use the work in a manner that is not permitted by the license, you should contact the rights holder (often the creator) to get permission first, or look for an alternative work that is licensed in a way that permits your anticipated use. Note that if you use material in a way that is not permitted by the applicable license and your use is not otherwise permitted by an applicable copyright exception or limitation, the license is automatically terminated and you may be liable for copyright infringement, even if you are eligible to have your rights reinstated later.

Before using material offered under a Creative Commons license, you should know that CC licenses only grant permissions needed under copyright and similar rights, and there may be additional rights you need to use it as intended. You should also understand that licensors do not offer warranties or guarantees about the material they are licensing unless expressly indicated otherwise. All materials are licensed “AS IS” and a disclaimer of warranties applies unless expressly provided otherwise. If you want to ask for a warranty or guarantee about rights to use the material, you should talk with the licensor before using it.

Does a Creative Commons license give me all the rights I need to use the work?

It depends. CC licenses do not license rights other than copyright and similar rights (which include sui generis database rights in version 4.0). For example, they do not license trademark or patent rights, or the publicity, personality, and privacy rights of third parties. However, licensors agree to waive or not assert any moral rights, publicity rights, personality rights, or privacy rights they themselves hold, to the limited extent necessary to allow exercise of the licensed rights. Any rights outside of the scope of the license may require clearance (i.e., permission) in order to use the work as you would like.

Additionally, creative works sometimes incorporate works owned by others (known as “third party content”), often used pursuant to a CC license or under an exception or limitation to copyright such as fair use in the U.S. You should make sure you have permission to use any third party content contained in the work you want to use, or that your use is otherwise allowed under the laws of your jurisdiction, particularly in cases such as fair use where your right to use the content depends on the particular context in which you plan to use it.

All CC licenses contain a disclaimer of warranties, meaning that the licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work. You may wish to obtain legal advice before using CC-licensed material if you are not sure whether you have all the rights you need.

What if there are sui generis database rights that apply to my use of a CC-licensed database?

In the somewhat limited circumstances where sui generis database rights apply to your use, special conditions apply and there are more specific considerations you should be aware of. Under 4.0, sui generis database rights are licensed alongside copyright, but the treatment in earlier versions of the license varies. A fuller explanation of these variations and related considerations is available in the Data FAQ.

Where can I find material offered under a CC license?

If you are looking for material offered under a Creative Commons license, CC Search is a good starting point. There is also a directory of organizations and individuals who use CC licenses. Some media sites, such as Flickr, have search filters for material licensed using CC’s licenses.

Be sure to confirm that the material you want to use is actually under a CC license, as search results may sometimes be misleading.

Are Creative Commons works really free to use?

Yes. While many if not most CC-licensed works are available at no cost, some licensors charge for initial access to CC-licensed works—for example, by publishing CC-licensed content only to subscribers, or by charging for downloads. However, even if you have paid an access charge, once you have a copy of CC-licensed material, you may make any further uses permitted by the license without paying licensing fees.

(If you wish to make uses that are not permitted by the license—for example, making a commercial use of an NC-licensed photo—the licensor may charge for those additional rights.)

What should I know about differences between the international licenses and the ported licenses?

As a licensee, you should always read and understand the relevant license’s legal code before using CC-licensed material, particularly if you are using material that is licensed using a ported license with which you are unfamiliar. Our porting process involved adapting the international licenses to the legal framework of different jurisdictions, and in that process slight adjustments may have been made that you should make yourself aware of in advance of using the material. You can find more information about the ported licenses in the Jurisdiction Database.

There are currently no ported versions of 4.0, and we expect there will be few, if any, in the future. All official translations of the 4.0 international licenses are equivalent: you may substitute one for another depending on your preferred language.

However, the ported versions of 3.0 and earlier sometimes contain small differences from the international license depending on the ways in which they have been adapted to their jurisdictions. For example, a handful of the ported licenses contain provisions specifying which laws will apply in the event the licensor chooses to enforce the license, and a few of the ported licenses contain forum selection clauses.

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Contact the rights holders to ask for permission. Otherwise, unless an exception or limitation to copyright applies, your use of the material may violate the Creative Commons license. If you violate the terms of the license, your rights to use the material will be automatically terminated, and you may be liable for copyright infringement.

Do I always have to comply with the license terms? If not, what are the exceptions?

You need to comply with the license terms if what you are doing would otherwise require permission from the rights holder. If your use would not require permission from the rights holder because it falls under an exception or limitation, such as fair use, or because the material has come into the public domain, the license does not apply, and you do not need to comply with its terms and conditions. Additionally, if you are using an excerpt small enough to be uncopyrightable, the license does not apply to your use, and you do not need to comply with its terms.

However, if you are using excerpts of CC-licensed material which individually are minimal and do not require license compliance, but together make up a significant copyrightable chunk, you must comply with the license terms. For example, if you quote many individual lines from a poem across several sections of a blog post, and your use is not a fair use, you must comply with the license even though no individual line would have been a substantial enough portion of the work to require this.

Attribution

How do I properly attribute material offered under a Creative Commons license?

All CC licenses require users to attribute the creator of licensed material, unless the creator has waived that requirement, not supplied a name, or asked that her name be removed. Additionally, you must retain a copyright notice, a link to the license (or to the deed), a license notice, a notice about the disclaimer of warranties, and a URI if reasonable. For versions prior to 4.0, you must also provide the title of the work. (Though it is not a requirement in 4.0, it is still recommended if one is supplied.)

You must also indicate if you have modified the work—for example, if you have taken an excerpt, or cropped a photo. (For versions prior to 4.0, this is only required if you have created an adaptation by contributing your own creative material, but it is recommended even when not required.) It is not necessary to note trivial alterations, such as correcting a typo or changing a font size. Finally, you must retain an indication of previous modifications to the work.

CC licenses have a flexible attribution requirement, so there is not necessarily one correct way to provide attribution. The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner. Additionally, you may satisfy the attribution requirement by providing a link to a place where the attribution information may be found.

While the attribution requirements in the license are the minimum requirement, we always recommend that you follow the best practices for the kind of use you are making. For example, if you are using scientific data marked with CC0, you are not required to give attribution at all, but we recommend that you give the same credit you would give to any other source—not because the license requires it, but because that is the standard for letting others know the source of the data.

The CC website offers some best practices to help you attribute properly, and the CC Australia team has developed a helpful guide to attributing CC-licensed material (.pdf) in different formats. Note that the attribution and marking requirements vary slightly among license versions. See here for a chart comparing the specific requirements.

Do I need to be aware of anything else when providing attribution?

Yes. You need to be careful not to imply any sponsorship, endorsement, or connection with the licensor or attribution party without their permission. Wrongfully implying that a creator, publisher, or anyone else endorses you or your use of a work may be unlawful. Creative Commons makes the obligation not to imply endorsement explicit in its licenses. In addition, if the licensor of a work requests that you remove the identifying credit, you must do so to the extent practical.

Additionally, when you are using a work that is an adaptation of one or more pre-existing works, you may need to give credit to the creator(s) of the pre-existing work(s), in addition to giving credit to the creator of the adaptation.

Do I always have to attribute the creator of the licensed material?

You must attribute the creator when you provide material to the public by any means that is restricted by copyright or similar rights. If you are using the material personally but are not making it or any adaptations of it available to others, you do not have to attribute the licensor. Similarly, if you are only distributing the material or adaptations of it within your company or organization, you do not have to comply with the attribution requirement. Learn more about when compliance with the license is not required.

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such.

Can I take a CC-licensed work and use it in a different format?

Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.

This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work.

How do I know if a low-resolution photo and a high-resolution photo are the same work?

As with most copyright questions, it will depend on applicable law. Generally, to be different works under copyright law, there must be expressive or original choices made that make one work a separate and distinct work from another. The determination depends on the standards for copyright in the relevant jurisdiction.

Under U.S. copyright law, for example, mechanical reproduction of a work into a different format is unlikely to create a separate, new work. Consequently, digitally enhancing or changing the format of a work absent some originality, such as expressive choices made in the enhancement or encoding, will not likely create a separate work for copyright purposes. The creative bar is low, but it is not non-existent. Accordingly, in some jurisdictions releasing a photograph under a CC license will give the public permission to reuse the photograph in a different resolution.

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

The NoDerivs licenses (BY-ND and BY-NC-ND) prohibit reusers from creating adaptations. What constitutes an adaptation, otherwise known as a derivative work, varies slightly based on the law of the relevant jurisdiction.

Incorporating an unaltered excerpt from an ND-licensed work into a larger work only creates an adaptation if the larger work can be said to be built upon and derived from the work from which the excerpt was taken. Generally, no derivative work is made of the original from which the excerpt was taken when the excerpt is used to illuminate an idea or provide an example in another larger work. Instead, only the reproduction right of the original copyright holder is being exercised by person reusing the excerpt. All CC licenses grant the right to reproduce a CC-licensed work for noncommercial purposes (at a minimum). For example, a person could make copies of one chapter of an ND-licensed book and not be in violation of the license so long as other conditions of the license are met.

There are exceptions to that general rule, however, when the excerpts are combined with other material in a way that creates some new version of the original from which the excerpt is taken. For example, if a portion of a song was used as part of a new song, that may rise to the level of creating an adaptation of the original song, even though only a portion of it was used and even if that portion was used as-is.

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

No. When you receive material under a Creative Commons license, you may not place additional terms and conditions on the reuse of the work. This includes using effective technological measures (ETMs) that would restrict a licensee’s ability to exercise the licensed rights.

A technological measure is considered an ETM if circumventing it carries penalties under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements. Generally, this means that the anti-circumvention laws of various jurisdictions would cover attempts to break it.

For example, if you remix a CC-licensed song, and you wish to share it on a music site that places digital copy-restriction on all uploaded files, you may not do this without express permission from the licensor. However, if you upload that same file to your own site or any other site that does not apply DRM to the file, and a listener chooses to stream it through an app that applies DRM, you have not violated the license.

Note that merely converting material into a different format that is difficult to access or is only available for certain platforms does not violate the restriction; you may do this without violating the license terms.

Can I share CC-licensed material on password-protected sites?

Yes. This is not considered to be a prohibited measure, so long as the protection is merely limiting who may access the content, and does not restrict the authorized recipients from exercising the licensed rights. For example, you may post material under any CC license on a site restricted to members of a certain school, or to paying customers, but you may not place effective technological measures (including DRM) on the files that prevents them from sharing the material elsewhere.

(Note that charging for access may not be permitted with NC-licensed material; however, it is not disallowed by the restriction on ETMs.)

Can I share CC-licensed material on file-sharing networks?

Yes. All CC licenses allow redistribution of the unmodified material by any means, including distribution via file-sharing networks. Note that file-trading is expressly considered to be noncommercial for purposes of compliance with the NC licenses. Barter of NC-licensed material for other items of value is not permitted.

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

If you have received material under a CC license that is encumbered with effective technological measures (such as digital rights management or DRM), you may or may not be permitted to break it, depending on the circumstances. By releasing material under a CC license, the licensor agrees not to assert any rights she may have to prevent the circumvention of effective technological measures. (Under the 3.0 and earlier licenses, this is implied but not explicit.) However, if she has uploaded it to a site or other distribution channel that itself applies such measures, that site may have the right to prevent you from breaking them, even though the licensor herself cannot do so.

Note that anti-circumvention laws can impose criminal liability in some jurisdictions.

What if I have received CC-licensed material with additional restrictions?

It is possible that CC-licensed material will appear on platforms that impose terms in addition to the copyright license (though Creative Commons strongly discourages restrictions that interfere with exercise of the licensed rights). These additional terms do not form part of the license for the work. For example, if you download CC-licensed material from a site that does not permit downloading, you may be breaking the terms of use of the site, but you are not infringing the CC license. See our guide to Modifying the CC licenses for more guidance and information.

Combining and adapting CC material

When is my use considered an adaptation?

Whether a modification of licensed material is considered an adaptation for the purpose of CC licenses depends primarily on the applicable copyright law. Copyright law reserves to an original creator the right to create adaptations of the original work. CC licenses that allow for adaptations to be shared—all except BY-ND and BY-NC-ND—grant permission to others to create and redistribute adaptations when doing so would otherwise constitute a violation of applicable copyright law. Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable, such as a translation of a novel from one language to another, or the creation of a screenplay based on a novel.

Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation, whether or not it would be considered so under applicable law. Also, under version 4.0, certain uses of databases restricted by sui generis database rights also constitute adaptations (called “Adapted Material” in the 4.0 licenses), whether or not they would be considered adaptations under copyright law. For more details about adaptations in the database context, see the Data FAQ.

Note that all CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license.

Note on terminology: throughout these FAQs, we use the term “remix” interchangeably with “adapt.” Both are designed to mean doing something that constitutes an adaptation under copyright law.

Can I combine material under different Creative Commons licenses in my work?

It depends. The first question to ask is whether doing so constitutes an adaptation. If the combination does not create an adaptation, then you may combine any CC-licensed content so long as you provide attribution and comply with the NonCommercial restriction if it applies. If you want to combine material in a way that results in the creation of an adaptation (i.e. a “remix”), then you must pay attention to the particular license that applies to the content you want to combine.

The NoDerivatives licenses do not permit remixing except for private use (the pre-4.0 licenses do not permit remixing at all, except as allowed by exceptions and limitations to copyright). All the other CC licenses allow remixes, but may impose limitations or conditions on how the remix may be used. For example, if you create a remix with material licensed under a ShareAlike license, you need to make sure that all of the material contributed to the remix is licensed under the same license or one that CC has named as compatible, and you must properly credit all of the sources with the required attribution and license information. Similarly, if you want to use a remix for commercial purposes, you cannot incorporate material released under one of the NonCommercial licenses.

The chart below shows which CC-licensed material can be remixed. To use the chart, find a license on the left column and on the top right row. If there is a check mark in the box where that row and column intersect, then the works can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies. See below for details on how remixes may be licensed.

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If you make adaptations of material under a CC license (i.e. “remix”), the original CC license always applies to the material you are adapting even once adapted. The license you may choose for your own contribution (called your “adapter’s license”) depends on which license applies to the original material. Recipients of the adaptation must comply with both the CC license on the original and your adapter’s license.

  • BY and BY-NC material

When remixing BY or BY-NC material, it is generally recommended that your adapter’s license include at least the same license elements as the license applied to the original material. This eases reuse for downstream users because they are able to satisfy both licenses by complying with the adapter’s license. For example, if you adapt material licensed under BY-NC, your adapter’s license should also contain the NC restriction. See the chart below for more details.

  • BY-SA and BY-NC-SA material

In general, when remixing ShareAlike content, your adapter’s license must be the same license as the license on the material you are adapting. All licenses after version 1.0 also allow you to license your contributions under a later version of the same license, and some also allow ported licenses. (See the license versions page for details.) If you wish to adapt material under BY-SA or BY-NC-SA and release your contributions under a non-CC license, you should visit the Compatibility page to see which options are allowed.

  • BY-ND and BY-NC-ND material

The BY-ND and BY-NC-ND licenses do not permit distribution of adaptations (also known as remixes or derivative works), and prohibits the creation of adaptations under the pre-4.0 versions of those licenses. Since you may not share remixes of these materials at all, there is no compatibility with other licenses. (Note that the ND licenses do allow you to reproduce the material in unmodified form together with other material in a collection, as indicated in the next FAQ.)

  • Adapter’s license chart

The chart below details the CC license(s) you may use as your adapter’s license. When creating an adaptation of material under the license identified in the lefthand column, you may license your contributions to the adaptation under one of the licenses indicated on the top row if the corresponding box is green. CC does not recommend using a license if the corresponding box is yellow, although doing so is technically permitted by the terms of the license. If you do, you should take additional care to mark the adaptation as involving multiple copyrights under different terms so that downstream users are aware of their obligations to comply with the licenses from all rights holders. Dark gray boxes indicate those licenses that you may not use as your adapter’s license.

Adapter’s license chart Adapter’s license
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work PD              
BY              
BY-NC              
BY-NC-ND              
BY-NC-SA              
BY-ND              
BY-SA              
Abbreviation Key

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

All Creative Commons licenses (including the version 4.0 licenses) allow licensed material to be included in collections such as anthologies, encyclopedias, and broadcasts. You may choose a license for the collection, however this does not change the license applicable to the original material.

When you include CC-licensed content in a collection, you still must adhere to the license conditions governing your use of the material incorporated. For example, material under any of the Creative Commons NonCommercial licenses cannot be used commercially. The table below indicates what type of CC-licensed works you may incorporate into collections licensed for commercial and noncommercial uses.

Original Work Commercial Collection (BY, BY-SA, BY-ND) NonCommercial Collection (BY-NC, BY-NC-SA, BY-NC-ND)
PD    
BY    
BY-NC    
BY-NC-ND    
BY-NC-SA    
BY-ND    
BY-SA    

License termination

When do Creative Commons licenses expire?

Creative Commons licenses expire when the underlying copyright and similar rights expire.

Note that the relevant rights may expire at different times. For example, you may have a CC-licensed song where the rights in the musical arrangement expire before the rights in the lyrics. In this case, when the copyright in the music expires, you may use it without being required to comply with the conditions of the CC license; however, you must still comply with the license if you use the lyrics.

What happens if the author decides to revoke the CC license to material I am using?

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms. Of course, you may choose to respect the licensor’s wishes and stop using the work.

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

All of the CC licenses terminate if you fail to follow the license conditions. If this happens, you no longer have a license to use the material.

In the 4.0 licenses, your rights under the license are automatically reinstated if you correct this failure within 30 days of discovering the violation (either on your own or because the licensor or someone else has told you). Under the 3.0 and earlier licenses, there is no automatic reinstatement.

If you have lost your rights under a CC license and are not entitled to automatic reinstatement, you may regain your rights under the license if the licensor expressly grants you permission. You cannot simply re-download the material to get a new license.

Note that you may still be liable for damages for copyright infringement for the period where you were not in compliance with the license.

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

The Creative Commons licenses have three layers, as does the CC0 public domain dedication: the human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The Public Domain Mark is not legally operative, and so has only two layers: the human-readable mark and machine-readable metadata.

When material is licensed using any of the CC licenses or tools, it is highly recommended that a CC button, text, or other marker somehow accompany it. There are many possible modes for marking. For our licenses, people generally use the CC license chooser to generate HTML code that can be pasted into the webpage where the licensed material is published. CC0 and the Public Domain Mark have a separate chooser. Many platforms and web services such as Flickr and Drupal support CC licensing directly, allowing you to select an appropriate license. The service then properly marks the work for you.

CC has published some best practices for marking your CC-licensed material, and recommends:

  • Including a visual indicator (some combination of text and images) that the work is licensed with one of the CC licenses.
  • Clearly indicating what material is covered under the CC license, especially if it’s presented alongside non-licensed materials.
  • Including a link to the human-readable deed (which itself contains a link to the legal code).
  • Embedding machine-readable metadata in the code of the license indicator or code of the licensed page.

See the marking page for more details.

What does it mean that Creative Commons licenses are “machine-readable”?

Creative Commons has specified CC REL as a way to associate machine-readable licensing metadata with objects offered under CC licenses.

Before Creative Commons developed this vocabulary, it was difficult for a machine to ascertain whether an object was marked with a CC license. There was also no standard, predictable place to house metadata about that license (for example, the source URL of the work or the required mode of attribution).

Machine-readable metadata based on well-accepted metadata standards creates a platform upon which new services and applications can be built. Software and services can detect CC licenses and the details of that license, as described by the metadata. For example, on many websites and search engines such as Google and Flickr, you can run filtered searches for works offered under specific CC licenses. In addition, CC license deeds can automatically create copy-and-paste attribution code so users may easily comply with the BY condition of the licenses. When you click on a CC license or button from a page with license metadata, you get copy-and-paste attribution HTML within that license deed page. That HTML is based on available RDFa metadata in the original material.

All HTML provided by the CC license chooser is automatically annotated with metadata in RDFa format.

What is RDFa?

RDFa is a method for embedding structured data in a web page. For more information about RDFa, see the following resources:

What is CC REL and why does Creative Commons recommend it?

Creative Commons Rights Expression Language (CC REL) renders information about licenses and works machine-readable through standards that define the semantic web. Creative Commons wants to make it easy for creators and scientists to build upon the works of others when they choose; licensing your work for reuse and finding properly licensed works to reuse should be easy. CC recommends that you mark your licensed works with CC REL. The Creative Commons license chooser provides HTML annotated with CC REL, while the Creative Commons deeds recognize CC REL on web pages with works offered under a CC license, and use this metadata to enhance the deed for properly marked-up works, e.g., by providing copy and paste HTML that includes work attribution.

For more background information on CC REL, please refer to this paper.

What does it mean for a search engine to be CC-enabled?

Some search engines (like Google) allow people to filter their search results by usage rights so that you can limit your search results according to the particular CC license you seek. For example, if you are looking for a photo to adapt, you can filter your search to return photos that have a CC license that permits creation of adaptations. You can generally find this search feature on the advanced search page of your selected search engine. You can also use CC Search, which offers a convenient interface to search and a list of those content providers that support searches for content based on usage rights.

Please note, however, that you should always double check to make sure that the work you locate through a search is licensed as you wish.

How do I give users of my site the option to use CC licensing like Flickr does?

Creative Commons provides tools for integrating license selection with your site. You can find an overview at the Web Integration article on the CC wiki. The Partner Interface is a good way to get started and will always have the most up-to-date license versions and translations. However, there is also an API available if you want more control.

How can I change or remove the Creative Commons search option built into the Firefox browser?

Mozilla has included the Creative Commons search function in many versions of Firefox along with search options for Google, Amazon, and other popular sites. Please take a look at the Firefox article on the CC wiki for an explanation of how to change these features.

If you want to add or remove a particular search option, click on the logo in the search box (for example, the CC logo or the Google logo). This will open the pull down menu, which will allow you to select different search providers. If you choose “Manage Search Engines,” you will be able to add or remove search engines. You can also alter the order in which the search providers appear on the pull down menu.

Is Creative Commons involved in digital rights management (DRM)?

No. CC licenses are a form of rights expression, not rights management. CC provides tools to make it easier for creators and owners to say which rights they reserve and permissions they grant. This is different from digital rights management (or “DRM”), which uses technological protection measures to prevent people from using the work in a way that the owner has not permitted.

CC licenses contain language prohibiting licensees from the use of effective technological measures (including DRM) to prevent access to licensed material: ”You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any such recipient.”

While licensors may apply effective technological measures (ETMs) to their own materials, the licensor provides a limited permission to circumvent these measures: “The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures.” Note that this only applies to effective technological measures applied by licensors themselves: third parties such as distribution platforms may still apply ETMs if the licensor uploads there, and the license is not able to grant you permission to circumvent it.

Copyright law grants exclusive rights to creators of original works of authorship. National laws usually extend protections to such works automatically once fixed in a tangible medium, prohibiting the making of copies without the rights holder’s permission, among other things. On the internet, even the most basic activities involve making copies of copyrighted content. As content is increasingly uploaded, downloaded, and shared online, copyright law is becoming more relevant to more people than it was 20 years ago. Unfortunately, infringing copyrights—even unintentionally or unknowingly—can lead to liability. Successful navigation of the internet requires some understanding of copyright law.

What is the public domain?

The public domain of copyright refers to the aggregate of those works that are not restricted by copyright within a given jurisdiction. A work may be part of the public domain because the applicable term of copyright has expired, because the rights holder surrendered copyright in the work with a tool like CC0, or because the work did not meet the applicable standards for copyrightability.

Because the public domain depends on the copyright laws in force within a particular territory, sometimes a work may be considered “in the public domain” of one jurisdiction, but not in another. For example, U.S. government works are automatically in the public domain under U.S. copyright law, but might be restricted by copyright in other countries.

The Public Domain Manifesto, the University Libraries page, and the CC0 FAQs all contain additional information about the public domain.

Copyright in most jurisdictions attaches automatically without need for any formality once a creative work is fixed in tangible form (i.e. the minute you put pen to paper, take a photo, or hit the “save” button on your computer).

In some jurisdictions, creators may be required to register with a national agency in order to enforce copyright in court. If you would like more information, please consult the Berne Convention or your jurisdiction’s copyright law.

Although you do not have to apply a copyright notice for your work to be protected, it may be a useful tool to clearly signal to people that the work is yours. It also tells the public who to contact about the work.

What is an adaptation?

An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.

In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter’s personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil’s copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction’s copyright law for more information.

What are moral rights?

Copyright laws in many jurisdictions around the world grant creators “moral rights” in addition to the economic or commercial right to exploit their creative works. Moral rights protect the personal and reputational value of a work for its creator. Moral rights differ by country, and can include the right of attribution, the right to have a work published anonymously or pseudonymously, and/or the right to the integrity of the work. The moral right of integrity may provide creators with a source for redress if an adaptation represents derogatory treatment of their work, typically defined as “distortion or mutilation” of the work or treatment that is “prejudicial to the honor, or reputation of the author.” Not all jurisdictions provide for moral rights.

The CC licenses are intended to minimize the effect of moral rights on a licensee’s ability to use licensed material; however, in some jurisdictions, these rights may still have an effect. CC offers some additional information on how CC licenses may affect your moral rights.

What are neighboring rights?

Copyright provides an incentive to create works by providing exclusive rights to creators. However, the distribution or exploitation of a work often involves more than just the creator. For example, if someone writes a song, someone else may perform the song, and another may produce the recording of the song. Some jurisdictions extend copyright to the contributions made by these persons; other jurisdictions extend such exclusive rights in the form of neighboring rights. Neighboring rights may include performers’ rights or broadcasters’ rights, among others. The Rome Convention sets forth some guidelines on the scope of neighboring rights. Not all jurisdictions recognize neighboring rights.

What are sui generis database rights?

Sui generis database rights grant qualifying database makers the right to prohibit the extraction and reuse of a substantial portion of a database. The rights are granted to database makers that make a substantial investment of time and resources to create the database. Sui generis database rights are primarily enacted within the European Union and a handful of other jurisdictions.

What are collecting societies?

Collecting societies are copyright management organizations. Some examples of collecting societies include ASCAP and BMI (United States), BUMA/STEMRA (Netherlands), PRS (United Kingdom), and APRA (Australia). These societies license works on behalf of their owners and process royalty payments from parties using the copyrighted works.

CC offers additional information on how collecting societies might affect your rights and your ability to apply CC licenses to your work. CC has several pilots underway with collecting societies that have chosen to allow their members to use CC licenses on a limited basis.

What are publicity, personality, and privacy rights?

These terms are used differently in different jurisdictions. Generally speaking, these rights allow individuals to control the use of their voice, image, likeness, or other identifiable aspect of their identity, especially for purposes of commercial exploitation. Similarly, in some jurisdictions these rights allow people to restrict others’ ability to publish information about them without their permission. Whether and to what extent these rights exist, and if so, how they are labeled, varies depending on the jurisdiction.

Creative Commons licenses have a limited effect on these rights where the licensor holds them. Where the licensor has publicity, personality, or privacy rights that may affect your ability to use the material as the license intends, the licensor agrees to waive or not assert those rights. However, any such rights not held by the licensor are not affected and may still affect your desired use of a licensed work. If you have created a work or wish to use a work that might in some way implicate these rights, you may need to obtain permission from the individuals whose rights may be affected.

Data

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

: Uses of CC Licenses with Data and Databases : Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker’s investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [marking page]https://wiki.creativecommons.org/wiki/Marking_your_work_with_a_CC_license “wikilink”) for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights–but not copyright–are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.1 These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker’s substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Artificial intelligence and CC licenses

What are the limits on how CC-licensed works can be used in the development of new technologies, such as training of artificial intelligence software?

The licenses grant permission for reuse in any situation that requires permission under copyright. There are many ways in which CC-licensed work works and even all rights reserved works can be reused without permission. This includes uses that are fair uses, for example.

If someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected. This is one of the enduring qualities of our licenses — they have been carefully designed to work with all new technologies where copyright comes into play. No special or explicit permission regarding new technologies from a copyright perspective is required.

But what about privacy laws, rules governing ethical research, and data protection laws?

CC’s copyright licenses are not universal policy tools. Copyright is the primary obstacle to reuse that our licenses solve, but there are many other issues related to the reuse of content that our licenses do not address and that reusers should be aware of. These can include privacy and rules governing ethical research and the collection or use of data, which have to be addressed and respected separate and apart from the copyright issues that CC licenses cover.

What attribution obligations exist when CC-licensed images are included in a published dataset? Is linking to the original image or URI required, and if so, is it adequate?

It depends. First, keep in mind that CC licenses never limit uses that copyright doesn’t control. For example, as a general matter text and data mining in the United States is considered a fair use and does not require permission under copyright. This means that reusers engaged in text and data mining do not have to adhere to the marking and attribution requirements in our licenses for that activity even though we strongly recommend they do so anyway. A second example is linking. In some countries, linking to copyrighted content doesn’t require permission under copyright law, which means the CC license obligations do not come into play even though the linked content is CC-licensed.

Where a CC-licensed work is distributed as part of a database or dataset, and assuming copyright (or in the European Union, copyright or sui generis database rights) is triggered, then the license conditions must be respected. This means providing the required attribution information in a way that is reasonable under the circumstances. Our licenses allow for some flexibility, and in some cases that may be as simple as providing a link to the website where the relevant attribution information is provided. Visit our marking practices page for more information.

If a for-profit company uses CC-licensed content under a Non Commercial license and releases the work under terms that allow only research purposes, is the NC restriction violated?

This depends on whether any of the uses made of the works by the company, whether for profit or non profit, are primarily intended for commercial advantage or monetary compensation. This is hard to know without having all of the facts about how a work was used, whether internally by the company for its own purposes or how the work was distributed for further use. Visit our NC page for more information about what constitutes commercial and non commercial uses of works.

If NC-licensed content is redistributed to the public under an NC license, that distribution would not violate the NC clause. (Note that CC strongly discourages the use of any license terms other than a CC NC license for redistributions of NC-licensed content.)

If CC SA-licensed content is included in a database, does the entire database have to be licensed under an SA license?

CC licenses never require a reuser of a CC-licensed work to make the original work or resulting works (collections, derivatives, etc.) publicly available. There are lots of private reuses of works that are permitted by CC’s licenses that do not require compliance with their terms. Regarding ShareAlike, the condition only applies if a work is modified and if the work is shared publicly. In the situation where a reuser created a dataset of photos and made it publicly available, and assuming copyright permission is required, then what is released is likely a collection or compilation of pre-existing works. CC licenses do not require the collection or the compilation itself to be made available under an SA license, even though each individual work is still licensed individually under an SA license and if they were modified by the distributor the modified photo would need to be licensed under the same terms. For example, were Creative Commons to compile photographs from a photo sharing website under a BY-SA 2.0 license and create a database that it then publicly distributed, CC could license the collection as a whole under a BY license, but the photographs would continue to be licensed under BY-SA 2.0.

What, if any, remedies, do users have if they dislike how their photos or images have been reused?

Several remedies are potentially available. Some may be available if the CC license terms have been violated, and others may be available through other, separate avenues because they involve other laws or regulations that the CC licenses do not cover. It’s important to remember, however, that absent a violation of the license the permissions granted under the license remain in place and cannot be revoked.

  • Under the CC licenses, even if a license condition has not been violated licensors can ask that attribution to them be removed so they can distance themselves from the reuse.
  • For violations of a CC license term where the license was required (not a fair use, etc.) then you may have a claim for copyright infringement. Fortunately, in the CC community most license violations are handled amicably without resorting to the courts.
  • For claims involving laws and regulations other than copyright, recourse may be available depending on your local laws.

An important starting point for any would-be sharer of content under a CC license is to educate yourself in advance about how they work and what rights they do and do not cover. We have many FAQs on our website. We also provide human-readable deeds with links to the full text of our licenses. Additionally, all of our licenses highlight at the beginning many considerations that licensors should have in mind before they license, and considerations for reusers of works before they do so in order to avoid inadvertent violations.

Notes

  1. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).↩

#####EOF##### Creative Commons — Public Domain Mark 1.0
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Creative Commons is not a law firm and does not provide legal services or advice. Distributing, displaying, or linking to this Public Domain Mark does not create an attorney-client relationship.

Creative Commons has not verified the copyright status of any work to which this mark has been applied. CC makes no warranties about any work or its copyright status in any jurisdiction, and disclaims all liability for all uses of any work.

#####EOF##### CC0

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Creative Commons has updated its Master Terms of Service and Master Privacy Policy, effective November 7, 2017. Before continuing on our websites or using our services, please review.
You are using a tool for freeing your own work of copyright restrictions around the world. You may use this tool even if your work is free of copyright in some jurisdictions, if you want to ensure it is free everywhere. This may be the case if you are a museum or library reproducing a work in the public domain and want to convey clearly to the public that you claim no copyright in your digital copy. Creative Commons does not recommend this tool for works that are already in the public domain worldwide. Instead, please use the Public Domain Mark for such works.

Using CC0, you can waive all copyrights and related or neighboring rights that you may have in all jurisdictions worldwide, such as your moral rights (to the extent waivable), your publicity or privacy rights, rights you have protecting against unfair competition, and database rights and rights protecting the extraction, dissemination and reuse of data.

Keep in mind that you cannot waive rights to a work that you do not own unless you have permission from the owner. To avoid infringing third party rights, you should consult with your legal advisor if you are unsure whether you have all the rights you need to distribute the work.

Please note that this is not a registration process and Creative Commons does not store or save any of the information you enter. This tool guides you through the process of generating HTML with embedded metadata for marking your work as being available under CC0. Your work will not be associated with CC0 or made available under CC0 until you publish it marked as being so.

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#####EOF##### CC0 at the Cleveland Museum of Art: 30,000 high quality digital images now available - Creative Commons
Creative Commons > Blog > About CC > CC0 at the Cleveland Museum of Art: 30,000 high quality digital images now available

CC0 at the Cleveland Museum of Art: 30,000 high quality digital images now available

Today, we are announcing a release of 30,000 high quality, free and open digital images from the museum’s collection under CC0 and available via their API.

Jennie Rose Halperin

January 23, 2019

green-tara

The Cleveland Museum of Art is one of the most visited art museums in the world, and soon it will become one of the most important online collections as well. Today, we are announcing a release of 30,000 high quality, free and open digital images from the museum’s collection under CC0 and available via their API. CC0 allows anyone to use, re-use, and remix a work without restriction.

In line with the museum’s mission to work “for the benefit of all people in the Digital Age,” the Cleveland Museum is leading the charge for comprehensive metadata and open access policy. The museum sees its role as not only providing access, but also creating sincere partnerships that increase utility and relevance in our time.

Creative Commons CEO Ryan Merkley joined museum director William M. Griswold and Chief Digital and Information Officer Jane Alexander at the CMA to announce this release. “I hope this model of working closely together with visionary organizations will be one that we can replicate with other museums, and that this will become the new standard by which institutions share and engage with the public online,” he said. The museum’s leadership echoed the sentiment.

“Open Access with Creative Commons will provide countless new opportunities to engage with works of art in our collection. With this move, we have transformed not only access to the CMA’s collection, but also its usability—inside as well as outside the walls of our museum,” said Griswold.

The newly released images and their associated metadata can also be viewed on CC Search, the Creative Commons image portal that provides access to millions of CC Images from 21 providers. This portal is currently in development and growing, and the Cleveland Museum of Art’s images provide another access point for billions of learners around the world to experience and enjoy cultural heritage. In this release, the CMA joins other institutions that have made the choice to share, including the Metropolitan Museum of Art and the Art Institute of Chicago.

list-cleveland-highlights

Highlights from the Cleveland Museum of Art’s collection include Claude Monet’s “Water Lilies (Agapanthus)”, William Merritt Chase’s “Portrait of Dora Wheeler,” Albrecht Dürer’s “The Four Horsemen, from the Apocalypse”, and many important works of Indian, African, and Asian art. Our profound thanks to the staff of the CMA for making this partnership possible. This release was due to their hard work and leadership, and we look forward to continued partnership with this important cultural institution.

Watch our social media and Slack for collection highlights and more information, and experience the collection yourself at CC Search.

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#####EOF##### Network Strategy: What’s next - Creative Commons
Creative Commons > Blog > Global affiliates > Network Strategy: What’s next

Network Strategy: What’s next

For the first time, the CC movement has completed a comprehensive and collaborative effort to renew and grow its network, finalized at the recent Global Summit in Toronto.

Claudio RuizAlek TarkowskiRyan Merkley

, and

June 16, 2017

writing-summit

For the first time, the CC movement has completed a comprehensive and collaborative effort to renew and grow its network, finalized at the recent Global Summit in Toronto. It’s important to acknowledge the hard work of all the people involved from the beginning, which included research (the Faces of the Commons is a 300 page multi region report with recommendations and insights), an open consultation with the broad CC community including Affiliates, partners, funders, and the CC Board, and 22 online and in-person meetings and more than the eighty percent of the active members of the network involved. This bottom-up process included discussions, proposals and specific edits and changes, reflecting the dynamic global community we have built together around Creative Commons during all this years. We all should be proud of all this process.

This new Strategy has a lot of benefits:

  1. Global collaboration. Connected with the work of the Platforms, communities will work together to set priorities, goals, objectives and strategies.
  2. Resilience. The previous model for Affiliate involvement was focused on institutional relationships. Today, we are focusing on individuals and supporting organizations instead. We are providing a path to create a network of trust and real collaboration for the future.
  3. Growth and inclusion. The new strategy is meant to include new and diverse global voices in the conversation and to provide more capacity and agency for teams working locally. We are creating a strategy focused on supporting and activating people.
  4. Shared decision-making, goal-setting, structure for collaboration. The new strategy creates new governance bodies to provide space for the community to identify priorities for the global work. This is a first for CC: the network takes care of the network.
  5. Resource allocation. The strategy creates two funds specifically focused on the network to support community activities, actual project work and identified movement priorities.

It has been a long road, but now the strategy work is complete. For the transition period, we are planning to focus on Chapters, Platforms and Governance.

writing-summit

Chapters (formerly Country teams). The local work is key for the new Network Strategy. To coordinate this efforts we will trust in Chapters as units for the governance and to coordinate local work. After concerns from several affiliate teams, we’ve decided to use Chapters instead of a reference of a “country” or “nation”. However, it will be those borders that we use to organize each team (with some exceptions, for example in Mainland China and Taiwan). These Chapters will be made up of people, with individuals whose work is focused on the place where they live, have accepted the Creative Commons Charter and have been vouched by two actual members. The membership recruiting process is starting in the coming weeks. More details of this process will be published very soon.

We expect Chapters to have their first team meeting no later than January 2018, primarily to appoint a coordinator (which will be the main point of contact for the movement), elect a representative to send to the Global Network Council, and draft a plan of work for the rest of the year.

Platforms. Platforms are areas of work, a collaborative space for individuals and institutions to organize and coordinate themselves across the broad network. Platforms will be the way we will create and communicate spaces of strategic collaboration to have worldwide impact. They will be the way our network will work collaboratively.

The conversation on platforms started at the Global Summit. So far, community members have organized around:

  • Copyright Reform Platform
  • Open Education Platform
  • Open GLAM Platform
  • Community development Platform

You can learn more about it and how to get involved and participate on our wiki and directly on Slack.

There may be more platforms in the future, but during this transition period -before the new Governance structure is set up by the next Global Summit on 2018- the work of the platforms will be oriented to fill a specific need and requirement from the network on each area, being particular activities, documentation or products.

These platforms will set specific priorities and plan of work in the coming months, to develop their plan of work until next Global Summit on 2018.

Governance. The main governance body for the new Strategy is the Global Network Council, and it’s important to us to focus on establishing the new Chapters as soon as we can, and to make that happen we will be opening the membership process in the coming weeks for anyone to join. For the transition period, during the coming days there will be an open call to constitute an Advisory Committee, to advise on this transition and provide support to the Chapters, with global and diverse representation.

 

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#####EOF##### Version 4.0 - Public Discussion Launches - Creative Commons
Creative Commons > Blog > Weblog > Version 4.0 – Public Discussion Launches

Version 4.0 – Public Discussion Launches

Diane Peters

December 9, 2011

We are pleased to announce the beginning of the public discussion process that we expect to result in version 4.0 of the Creative Commons license suite.

Timeliness and Opportunity

The 4.0 discussions held at the 2011 Global Summit confirmed for CC the need to commence the 4.0 discussion process now if we wish to consider issues relevant to important would-be adopters in a timely manner. As explained following legal sessions at the Summit, version 3.0 is working (and will continue to work) really well for many adopters, but the reality is different for others. The treatment of sui generis database rights in the 3.0 licenses continues to be a show-stopper for many, including governments in Europe. This fosters an environment in which custom licenses proliferate, inevitably resulting in silos of incompatibly-licensed content that cannot be maximally shared and remixed. But there exist still other reasons for pursuing 4.0 at this time, including the desire to adjust the licenses to more fully support adoption by intergovernmental organizations and those looking for a more internationally-oriented license suite.


CC BY, Version 3.0

The consequence of not addressing these challenges now is one of opportunity — bridging these differences sooner rather than later (where possible) is always advisable, especially if a more inclusive commons may result. For those fond of version 3.0, rest assured that CC will continue to support existing and future implementations and adopters that rely on those licenses. We will take pains not to create a 4.0 suite that undermines or otherwise presents challenges for those communities.

Process – Discussion Forum – 4.0 Wiki

Importantly, for the first time in CC’s history we begin the versioning process without publishing a draft of the new licenses for review. This is intentional, and it is designed to ensure we hear from the community first. During this 2-3 month requirements gathering period, we urge everyone with a proposal, concern or other input to please put it forth, as our goal is to make the first draft as comprehensive as possible. We will alert the community when the requirements period draws to a close, expected to be mid-February 2012. As in the past, we will publish at least two drafts of the licenses before finalizing, which we anticipate will occur late 2012.

As with past versioning efforts, the central discussion forum will be CC’s license discuss list (subscribe now). New to the 4.0 process, however, is a dedicated group of wiki pages (accessible through the main 4.0 wiki page) where topics and proposals under discussion on that email list will be documented, annotated, and evaluated. We have pre-populated the wiki pages with several of the issues we expect to address during this process, framing key topics to help shape the discussion and including known and anticipated proposals related to each. Among others, we expect healthy debates regarding the treatment of moral rights, the definition of NonCommercial, scope of ShareAlike, treatment of sui generis database rights, and much more. The issues are organized by topic with cross-references to related issues throughout the wiki, but there is also an open forum (the Sandbox page) where you should be encouraged to suggest other topics you feel are important to discuss for version 4.0 (a few placeholders already exist).

For a fuller description of CC’s objectives, the process and expected schedule, visit the 4.0 wiki homepage.

We encourage everyone who is interested in the future of Creative Commons, and open licensing generally, to participate in this process. The more voices that chime in to raise issues and debate the merits of various proposals, the stronger version 4.0 will be, helping us achieve our goal of creating a set of robust licenses that will endure long into the future. If you have an opinion about how to simplify CC’s attribution requirements, for example, or any of the other important issues we plan to examine during the process, please post your suggestion to the CC license discuss list (subscribe today) and add it to our 4.0 wiki. We look forward to hearing from you.

Support CC

The Version 4.0 process and many other activities are supported by contributions from our community. As a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. Please consider donating to our Annual Campaign, going on now. Thank you.

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One thought on “Version 4.0 – Public Discussion Launches”

  1. My main wish for cc-by and cc-by-sa is to have them compatible with the GPL. This would ease the licensing hassle of all those who want to use free art in free software.

    On the raw conceptual level they are already compatible, because they have no requirements that the GPL does not have. Especially the case of cc-by-sa not being comptible with the GPL is very sad, because they share exactly the same goals: Copyleft. Thus their incompatibility creates a real split in cultural works.

    If the 4.0 licenses could make it possible to combine cc works under licenses with compatible concepts (cc by, cc by-sa) with the GPL, that would be a huge step towards a unified free culture.

    PS: I also subscribed.

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Human-readable summary of Sec 4: Some of us are lawyers, but we aren’t your lawyer. Please consult your own attorney if you need legal advice.

5. Content Available through the Services

Provided as-is: You acknowledge that Creative Commons does not make any representations or warranties about the material, data, and information, such as data files, text, computer software, code, music, audio files or other sounds, photographs, videos, or other images (collectively, the “Content”) which you may have access to as part of, or through your use of, the Services. Under no circumstances is Creative Commons liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable.

You agree that you are solely responsible for your reuse of Content made available through the Services, including providing proper attribution. You should review the terms of the applicable license before you use the Content so that you know what you can and cannot do.

Licensing:

CC-Owned Content: Other than the text of Creative Commons licenses, CC0, and other legal tools and the text of the deeds for all legal tools (all of which are made available under the CC0 Public Domain Dedication), Creative Commons trademarks (subject to the Trademark Policy), and the software code, all Content on the Websites is licensed under the Creative Commons Attribution 4.0 International license, unless otherwise marked. See the CC Policies page for more information.

CC-Owned Code: All of CC’s software code is free software; please check our code repository for the specific license on software you want to reuse.

Search Tools: On some of its Websites, Creative Commons provides website search tools, including CC Search, which return Content based on any license information our search tools are able to locate and interpret. Those search tools may return Content that is not CC licensed, and you should independently verify the terms of the license attached to any Content you intend to use.

Human-readable summary of Sec 5: We try our best to have useful information on our sites, but we cannot promise that everything is accurate or appropriate for your situation. Content on the site is licensed under CC BY 4.0 unless it says it is available under different terms. If you find content through a link on our websites, be sure to check the license terms before using it.

6. Content Supplied by You

Your responsibility: You represent, warrant, and agree that no Content posted or otherwise shared by you on or through any of the Services (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.

Licensing Your Content: You retain any copyright that you may have in Your Content. You hereby agree that Your Content: (a) is hereby licensed under the Creative Commons Attribution 4.0 License and may be used under the terms of that license or any later version of a Creative Commons Attribution License, or (b) is in the public domain (such as Content that is not copyrightable or Content you make available under CC0), or © if not owned by you, (i) is available under a Creative Commons Attribution 4.0 License or (ii) is a media file that is available under any Creative Commons license or that you are authorized by law to post or share through any of the Services, such as under the fair use doctrine, and that is prominently marked as being subject to third party copyright. All of Your Content must be
appropriately marked with licensing (or other permission status such as fair use) and attribution information.

Removal: Creative Commons may, but is not obligated to, review Your Content and may delete or remove Your Content (without notice) from any of the Services in its sole discretion. Removal of any of Your Content from the Services (by you or Creative Commons) does not impact any rights you granted in Your Content under the terms of a Creative Commons license.

Human-readable summary of Sec 6: We do not take any ownership of your content when you post it on our sites. If you post content you own, you agree it can be used under the terms of CC BY 4.0 or any future version of that license. If you do not own the content, then you should not post it unless it is in the public domain or licensed CC BY 4.0, except that you may also post pictures and videos if you are authorized to use them under law (e.g., fair use) or if they are available under any CC license. You must note that information on the file when you upload it. You are responsible for any content you upload to our sites.

7. Participating in our Community: Registered Users

By registering for an account through any of the Services, including CCID (a universal log-in for all Services), you represent and warrant that you (1) are the age of majority in your jurisdiction (typically age 18) or, (2) are over the age of 13 and have the express permission of a legal guardian to obtain an account and to use Services in connection with the account. Services offered to registered users are provided subject to these Master Terms and any Additional Terms specified on the relevant Website(s).

Registration: You agree to (a) only provide accurate and current information about yourself (though use of an alias or nickname in lieu of your legal name is encouraged), (b) maintain the security of your passwords and identification, © promptly update the email address listed in connection with your account to keep it accurate so that we can contact you, and (d) be fully responsible for all uses of your account. You must not set up an account on behalf of another individual or entity unless you are authorized to do so.

No Membership in CC: Creating a CCID or using any of the related Websites or Services does not and shall not be deemed to make you a member, shareholder or affiliate of Creative Commons for any purposes whatsoever, nor shall you have any of the rights of statutory members as defined in Sections 2(3) and 3 of Chapter 180 of the General Laws of Massachusetts.

Termination: Creative Commons reserves the right to modify or discontinue your account at any time for any reason or no reason at all.

Human-readable summary of Sec 7: Please do not register for an account on our sites unless you are 18 years old, or over 13 with the consent of your parents. CC has the right to end your account at any time. You are responsible for use of your account. And of course, please do not set up an account for someone else unless you have permission to do so. Setting up an account doesn’t make you a member of CC.

8. Prohibited Conduct

You agree not to engage in any of the following activities:

1. Violating laws and rights:

  • You may not (a) use any Service for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

2. Solicitation:

  • You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.

3. Disruption:

  • You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.

4. Harming others:

  • You may not post or transmit Content on or through the Services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;
  • You may not intimidate or harass another through the Services; and, You may not post or transmit any personally identifiable information about persons under 13 years of age on or through the Services.

5. Impersonation or unauthorized access:

  • You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services;
  • You may not use or attempt to use another’s account or personal information; and,
  • You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means.

Human-readable summary of Sec 8: Play nice. Be yourself. Don’t break the law or be disruptive.

9. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CREATIVE COMMONS OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CREATIVE COMMONS DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY CC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CREATIVE COMMONS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

Human-readable summary of Sec 9: CC does not make any guarantees about the sites, services, or content available on the sites.

10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CREATIVE COMMONS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF CREATIVE COMMONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CREATIVE COMMONS IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.

Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Human-readable summary of Sec 10: CC is not responsible for the content on the sites, your use of our services, or for the conduct of others on our sites.

11. Indemnification

To the extent authorized by law, you agree to indemnify and hold harmless Creative Commons, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use of any of the Services, and/or © the Content you make available on any of the Services.

Human-readable summary of Sec 11: If something happens because you violate these terms, because of your use of the services, or because of the content you post on the sites, you agree to repay CC for the damage it causes.

12. Privacy Policy

Creative Commons is committed to responsibly handling the information and data we collect through our Services in compliance with our Privacy Policy, which is incorporated by reference into these Master Terms. Please review the Privacy Policy so you are aware of how we collect and use your personal information.

Human-readable summary of Sec 12: Please read our Privacy Policy. It is part of these terms, too.

13. Trademark Policy

CC’s name, logos, icons, and other trademarks may only be used in accordance with our Trademark Policy, which is incorporated by reference into these Master Terms. Please review the Trademark Policy so you understand how CC’s trademarks may be used.

Human-readable summary of Sec 13: Please read our Trademark Policy. It is part of these terms, too.

14. Copyright Complaints

Creative Commons respects copyright, and we prohibit users of the Services from submitting, uploading, posting, or otherwise transmitting any Content on the Services that violates another person’s proprietary rights.

To report allegedly infringing Content hosted on a website owned or controlled by CC, send a Notice of Infringing Materials as set out in CC’s Digital Millennium Copyright Act (“DMCA”) Notice & Takedown Procedure.

Please note that Creative Commons does not host the Content made available through CC Search. You should contact the web site or service hosting the Content to have it removed.

Human-readable summary of Sec 14: Please let us know if you find infringing content on our websites.

15. Termination

By Creative Commons: Creative Commons may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by Creative Commons at any time and for any reason.

By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time.

Automatic upon breach: Your right to access and use the Services (including use of your CCID account) terminates automatically upon your breach of any of the Terms. For the avoidance of doubt, termination of the Terms does not require you to remove or delete any reference to previously-applied CC legal tools from your own Content.

Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. The license grants applicable to Your Content are not impacted by the termination of the Terms and shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations will survive for one year after termination.

Human-readable summary of Sec 15: If you violate these terms, you may no longer use our sites.

16. Miscellaneous Terms

Choice of law: The Terms are governed by and construed by the laws of the State of California in the United States, not including its choice of law rules.

Dispute resolution: The parties agree that any disputes between Creative Commons and you concerning these Terms, and/or any of the Services may only brought in a federal or state court of competent jurisdiction sitting in the Northern District of California, and you hereby consent to the personal jurisdiction and venue of such court.

  • If you are an authorized agent of a government or intergovernmental entity using the Services in your official capacity, including an authorized agent of the federal, state, or local government in the United States, and you are legally restricted from accepting the controlling law, jurisdiction, or venue clauses above, then those clauses do not apply to you. For any such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding its choice of law rules).

No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.

Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Creative Commons as a result of the Terms or from your use of any of the Services.

Integration: These Master Terms and any applicable Additional Terms constitute the entire agreement between you and Creative Commons relating to this subject matter and supersede any and all prior communications and/or agreements between you and Creative Commons relating to access and use of the Services.

Human-readable summary of Sec 16: If there is a lawsuit arising from these terms, it should be in California and governed by California law. We are glad you use our sites, but this agreement does not mean we are partners.

Note about Reusing these Terms of Use.

The Creative Commons Terms of Use are dedicated to the public domain under the Creative Commons CC0 Public Domain Dedication. You are free to use and adapt these Master Terms and any applicable Additional Terms for your own purposes. However, please keep in mind that these Terms may not be completely suitable for your situation. Creative Commons strongly encourages you to seek the advice of your own attorney before repurposing these Terms on your own site.

#####EOF##### Firefox and CC Search - Creative Commons

Firefox and CC Search

From Creative Commons
Jump to: navigation, search

A plugin for the Creative Commons search tool is built into some versions of the Firefox web browser. On most versions, the search box defaults to using Google. You can change your search engine by clicking on the small black arrow in the search bar. See the screenshot below.

If CC Search isn't available on your browser, you can always visit http://search.creativecommons.org directly, or see CC Search Browser Plugins for search plugins you can add to your browser.

Firefox-search-engine-chooser.png

Using the drop down menu pictured above you can access the Creative Commons search tool or any other installed search engine plugin. Note that your search engine choice can only be set by you. Creative Commons never switches it for you, nor do we have any technical means to hijack the searchbar.

Mac instructions

Click on the logo that appears in the search box (the CC logo, or the Google logo, for example). You will see a pull down menu that allows you to use your mouse to select a different search provider. Choosing "Manage search engines" allows you to add or remove search engines of our choice, such as Flickr and Wikipedia.

It's easy to switch between search providers through the keyboard as well. Start by clicking inside the search box, then hold down the Ctrl key (or the Apple key on a Mac) and press the up arrow. After a few presses of the up arrow, you should see the Google logo. To change to other providers, you can press Ctrl (or Apple) + down. Pressing this key combination accidentally is often the way most people enable the CC search without knowing it!

Get Firefox!

If you don't have Firefox, you can get it from http://getfirefox.com

Retrieved from "https://wiki.creativecommons.org/index.php?title=Firefox_and_CC_Search&oldid=93610"

Navigation menu

#####EOF##### Frequently Asked Questions - Creative Commons
English | Français

Frequently Asked Questions

2019-04-02 14:07:11 UTC

These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information.

  • Other CC FAQs: CC0 Public Domain Dedication and Public Domain Mark.
  • “Licensor”, “rights holder”, “owner”, and “creator” may be used interchangeably to refer to the person or entity applying a CC license.
  • Information about the licenses is primarily made with reference to the 4.0 suite, but earlier license versions are mentioned where they differ.
  • Have a question that isn’t answered here? Contact info@creativecommons.org.

Creative Commons does not provide legal advice. This FAQ is for informational purposes and is not a substitute for legal advice. It may not cover important issues that affect you. You should consult with your own lawyer if you have questions.

About CC

What is Creative Commons and what do you do?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. Our legal tools help those who want to encourage reuse of their works by offering them for use under generous, standardized terms; those who want to make creative uses of works; and those who want to benefit from this symbiosis. Our vision is to help others realize the full potential of the internet. CC has affiliates all over the world who help ensure our licenses work internationally and who raise awareness of our work.

Although Creative Commons is best known for its licenses, our work extends beyond just providing copyright licenses. CC offers other legal and technical tools that also facilitate sharing and discovery of creative works, such as CC0, a public domain dedication for rights holders who wish to put their work into the public domain before the expiration of copyright, and the Public Domain Mark, a tool for marking a work that is in the worldwide public domain. Creative Commons licenses and tools were designed specifically to work with the web, which makes content that is offered under their terms easy to search for, discover, and use.

For more information about CC, our main website contains in-depth information about the organization, its staff and board of directors, its history, and its supporters. You can also read CC case studies to learn about some of the inspiring ways CC licenses and tools have been used to share works and support innovative business models. You can find regularly updated information about CC by visiting the blog.

Absolutely not. CC has responded to claims to the contrary. CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

That said, Creative Commons recognizes the need for change in copyright law, and many members of the Creative Commons community are active participants in the copyright reform movement. For more information, see our statement in support of copyright reform.

What does “Some Rights Reserved” mean?

Copyright grants to creators a bundle of exclusive rights over their creative works, which generally include, at a minimum, the right to reproduce, distribute, display, and make adaptations. The phrase “All Rights Reserved” is often used by owners to indicate that they reserve all of the rights granted to them under the law. When copyright expires, the work enters the public domain, and the rights holder can no longer stop others from engaging in those activities under copyright, with the exception of moral rights reserved to creators in some jurisdictions. Creative Commons licenses offer creators a spectrum of choices between retaining all rights and relinquishing all rights (public domain), an approach we call “Some Rights Reserved.”

No. Creative Commons is not a law firm and does not provide legal advice or legal services. CC is similar to a self-help service that offers free, form-based legal documents for others to use. These FAQ answers many of the most common questions. There is also specialized information available on the following pages:

While CC does provide this informational guidance about its licenses and other tools, this information may not apply to your particular situation, and should never be taken as legal advice.

If you’re looking for legal advice about using CC licenses and other tools, we recommend contacting the Creative Commons affiliate in your jurisdiction. CC affiliates are highly connected to the communities of copyright lawyers in their countries. We also offer a list of lawyers and organizations who have identified themselves as willing to provide information to others about CC licensing issues. However, please note that CC does not provide referral services, and does not endorse or recommend any person on that list.

Does Creative Commons collect or track material licensed under a CC license?

No, CC does not collect content or track licensed material. However, CC builds technical tools that help the public search for and use works licensed under our licenses and other legal tools, and many others have built such tools as well. CC Search is one tool developed by CC to help the public discover works offered under Creative Commons licenses on the internet via CC-aware search engines and repositories.

What do the Creative Commons buttons do?

The CC buttons are a shorthand way to convey the basic permissions associated with material offered under CC licenses. Creators and owners who apply CC licenses to their material can download and apply those buttons to communicate to users the permissions granted in advance. When the material is offered online, the buttons should usually link out to the human-readable license deeds (which, in turn, link to the license itself).

May I use the Creative Commons logo and buttons?

You may download high resolution versions of the Creative Commons logos and use them in connection with your work or your website, provided you comply with our policies. Among other things, if you use the logos on a website or on your work, you may not alter the logos in any respect—such as by changing the font, the proportions, or the colors. CC’s buttons, name, and corporate logo (the “CC” in a circle) are trademarks of Creative Commons. You cannot use them in ways not permitted by our policies unless you first receive express, written permission. This means, for example, that you cannot (without our permission) print your own buttons and t-shirts using CC logos, although you can purchase them in CC’s store.

I love Creative Commons. How can I help?

Please support CC by making a donation through our support page. Donations can be handled through PayPal or by credit card. You can also support CC by visiting our store.

CC always welcomes your feedback, which you can provide by emailing . You can also participate in CC’s email discussion lists and share feedback and ideas in one of those forums.

If you are a software developer, sysadmin, or have other technical expertise, please join our developer community and help build the tools that build the commons.

Finally, one of the best ways to support CC is by supporting our causes yourself. Follow our blog to find out about current issues where you can help get involved and spread the word, and advocate for free and open licensing in your own communities.

Why does Creative Commons run an annual fundraising campaign? What is the money used for and where does it go?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, with affiliates all over the world who help ensure our licenses work internationally and raise awareness about our work. Our tools are free, and our reach is wide.

In order to…

  • continue developing our licenses and public domain tools to make sure they are legally and technically up-to-date around the world,
  • help creators implement these tools on websites through best practices and individual assistance,
  • enable CC licensing on major content-sharing platforms,
  • enhance CC-licensed resource search and discovery,
  • advocate for CC licensing and open policies in education, science, and culture, and
  • myriad other activities we’re forgetting to mention, such as all the everyday boring but essential operations that go into running an organization

…we need $ to make it all happen! For more information, please take a look at our Annual Report.

Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. It is essential we have the public’s support because it is the creators and users of CC material who make our tools relevant in this digital age. They depend on the tools and services CC provides through their reuse and remix of the rich, open resources available on Wikipedia, Flickr, SoundCloud, Vimeo, Europeana, MIT OpenCourseWare, the Library of Science, Al Jazeera, and YouTube—just to name a few. Many of these people donate $10, $25, or $50 to CC, to help keep it up and running so we can continue to provide our tools and services for free, as a nonprofit organization. The more people who donate to CC, the more independent it will remain.

General License Information

What are Creative Commons licenses?

Creative Commons licenses provide an easy way to manage the copyright terms that attach automatically to all creative material under copyright. Our licenses allow that material to be shared and reused under terms that are flexible and legally sound. Creative Commons offers a core suite of six copyright licenses. Because there is no single “Creative Commons license,” it is important to identify which of the six licenses you are applying to your material, which of the six licenses has been applied to material that you intend to use, and in both cases the specific version.

All of our licenses require that users provide attribution (BY) to the creator when the material is used and shared. Some licensors choose the BY license, which requires attribution to the creator as the only condition to reuse of the material. The other five licenses combine BY with one or more of three additional license elements: NonCommercial (NC), which prohibits commercial use of the material; NoDerivatives (ND), which prohibits the sharing of adaptations of the material; and ShareAlike (SA), which requires adaptations of the material be released under the same license.

CC licenses may be applied to any type of work, including educational resources, music, photographs, databases, government and public sector information, and many other types of material. The only categories of works for which CC does not recommend its licenses are computer software and hardware. You should also not apply Creative Commons licenses to works that are no longer protected by copyright or are otherwise in the public domain. Instead, for those works in the worldwide public domain, we recommend that you mark them with the Public Domain Mark.

How do CC licenses operate?

CC licenses are operative only when applied to material in which a copyright exists, and even then only when a particular use would otherwise not be permitted by copyright. Note that the latest version of CC licenses also applies to rights similar to copyright, such as neighboring rights and sui generis database rights. Learn more about the scope of the licenses. This means that CC license terms and conditions are not triggered by uses permitted under any applicable exceptions and limitations to copyright, nor do license terms and conditions apply to elements of a licensed work that are in the public domain. This also means that CC licenses do not contractually impose restrictions on uses of a work where there is no underlying copyright. This feature (and others) distinguish CC licenses from some other open licenses like the ODbL and ODC-BY, both of which are intended to impose contractual conditions and restrictions on the reuse of databases in jurisdictions where there is no underlying copyright or sui generis database right.

All CC licenses are non-exclusive: creators and owners can enter into additional, different licensing arrangements for the same material at any time (often referred to as “dual-licensing” or “multi-licensing”). However, CC licenses are not revocable once granted unless there has been a breach, and even then the license is terminated only for the breaching licensee.

There are also videos and comics that offer visual descriptions of how CC licenses work.

Which is the latest version of the licenses offered by Creative Commons?

In November 2013, Creative Commons published the version 4.0 license suite. These licenses are the most up-to-date licenses offered by CC, and are recommended over all prior versions. You can see how the licenses have been improved over time on the license versions page. 4.0 has been drafted to be internationally valid, and will have official translations becoming available after publication.

No. By design, CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions. This is a fundamental principle of CC licensing.

Who gives permission to use material offered under Creative Commons licenses?

Our licenses and legal tools are intended for use by anyone who holds copyright in the material. This is often, but not always, the creator.

Creative Commons offers licenses and tools to the public free of charge and does not require that creators or other rights holders register with CC in order to apply a CC license to a work. This means that CC does not have special knowledge of who uses the licenses and for what purposes, nor does CC have a way to contact creators beyond means generally available to the public. CC has no authority to grant permission on behalf of those persons, nor does CC manage those rights on behalf of others.

If you would like to obtain additional permissions to use the work beyond those granted by the license that has been applied, or if you’re not sure if your intended use is permitted by the license, you should contact the rights holder.

Are Creative Commons licenses enforceable in a court of law?

Creative Commons licenses are drafted to be enforceable around the world, and have been enforced in court in various jurisdictions. To CC’s knowledge, the licenses have never been held unenforceable or invalid.

CC licenses contain a “severability” clause. This allows a court to eliminate any provision determined to be unenforceable, and enforce the remaining provisions of the license.

What happens if someone applies a Creative Commons license to my work without my knowledge or authorization?

CC alerts prospective licensors they need to have all necessary rights before applying a CC license to a work. If that is not the case and someone has marked your work with a CC license without your authorization, you should contact that person and tell them to remove the license from your work. You may also wish to contact a lawyer. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What are the international (“unported”) Creative Commons licenses, and why does CC offer “ported” licenses?

One of CC’s goals is ensuring that all of its legal tools work globally, so that anyone anywhere in the world can share their work on globally standard terms. To this end, CC offers a core suite of six international copyright licenses (formerly called the “unported”) that are drafted based largely on various international treaties governing copyright, taking into account as many jurisdiction-specific legal issues as possible. The latest version (4.0) has been drafted with particular attention to the needs of international enforceability.

For version 3.0 and earlier, Creative Commons has also offered ported versions of its six core licenses for many jurisdictions (which usually correspond to countries, but not always). These ported licenses are based on the international license suite but have been modified to reflect local nuances in the expression of legal terms and conditions, drafting protocols, and language. The ported licenses and the international licenses are all intended to be legally effective everywhere. CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

Can governments and intergovernmental organizations (“IGOs”) use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors’ overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the “machine readable” layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]”; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you’re uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC’s Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC’s legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC’s Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and running pilot programs that allow creators to use CC licenses in some circumstances.

If you are already a member of a collecting society and want to use CC licenses, you are welcome to encourage your collecting society to give you the option of Creative Commons licensing.

Can I still make money from a work I make available under a Creative Commons license?

Yes. One of our goals is to encourage creators and rights holders to experiment with new ways to promote and market their work. There are several possible ways of doing this.

CC’s NonCommercial (NC) licenses allow rights holders to maximize distribution while maintaining control of the commercialization of their works. If you want to reserve the right to commercialize your work, you may do this by choosing a license with the NC condition. If someone else wants to use your work commercially and you have applied an NC license to your work, they must first get your permission. As the rights holder, you may still sell your own work commercially.

You may also use funding models that do not depend on using an NC license. For example, many artists and creators use crowdfunding to fund their work before releasing it under a less restrictive license. Others use a “freemium” model where the basic content is free, but extras such as a physical printed version or special access to a members-only website are for paying customers only.

For more information and ideas, The Power of Open presents case studies of artists, businesspeople, and organizations who use CC.

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

No. CC licenses allow for flexibility in the way credit is provided depending on the medium, means, and context in which a licensee is redistributing licensed material. For example, providing attribution to the creator when using licensed material in a blog post may be different than doing so in a video remix. This flexibility facilitates compliance by licensees and reduces uncertainty about different types of reuse—minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded.

Can I change the license terms or conditions?

Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons” or “CC” license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials. Keep in mind that altering terms and conditions is distinct from waiving existing conditions or granting additional permissions than those in the licenses. Licensors may always do so, and many choose to do so using the CC+ protocol to readily signal the waiver or additional permission on the CC license deed.

CC does not assert copyright in the text of its licenses, so you are permitted to modify the text as long as you do not use the CC marks to describe it. However, we do not recommend this. We also advise against modifying our licenses through indirect means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other material. This would prevent licensees from using, combining, or remixing content under your customized license with other content under the same or compatible CC licenses.

Modifying licenses creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.

Can I waive license terms or conditions?

Yes. You may always choose to waive some license terms or conditions. Material licensed under a CC license but with additional permissions granted or conditions waived may be compatibly licensed with other material under the same license. Our CC+ protocol provides a mechanism for facilitating that grant or waiver.

Can I enter into separate or supplemental agreements with users of my work?

Yes. CC licenses are nonexclusive. Licensors always have the option of entering into separate arrangements for the sharing of their material in addition to applying a CC license. However, those different arrangements are not “CC” or “Creative Commons” licenses.

Separate agreements: You may offer the licensed material under other licenses in addition to the CC license (a practice commonly referred to as “dual licensing”). For example, you may wish to license a video game soundtrack under both a CC license and the GPL, so that it may be used under either set of terms. A reuser may then choose which set of terms to comply with. Or, for example, you may offer your material to the public under a NonCommercial license, but offer commercial permissions to fee-paying customers.

Supplemental agreements: Problems arise when licensors design those terms or arrangements to serve not as separate, alternative licensing arrangements but as supplemental terms having the effect of changing the standard terms within the CC license. While you may offer separate terms and conditions to other parties, you should not do so in such a way that would neutralize terms of the CC license.

Except in the limited situation where more permissions are being granted or license conditions are waived, if the additional arrangement modifies or conflicts with the CC license terms, then the resulting licensing arrangement is no longer a CC licensing arrangement. To avoid confusing those who may mistakenly believe the work is licensed under standard CC terms, we must insist that in these instances licensors not use our trademarks, names, and logos in connection with their custom licensing arrangement.

It should be noted that any agreements you make with other parties only have an effect on the other parties to that agreement, and do not apply to anyone else receiving the licensed material. For example, if there are terms of use that apply to visitors to your website on which you host CC-licensed material, your terms of use may apply to visitors to that website, but not to anyone who receives copies of the CC-licensed material elsewhere. Even for the visitors to your website, any separate terms and conditions do not become part of the license—they remain a separate contractual agreement, and violation of this agreement does not constitute copyright infringement.

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

A CC license terminates automatically when its conditions are violated. For example, if a reuser of CC-licensed material does not provide the attribution required when sharing the work, then the user no longer has the right to continue using the material and may be liable for copyright infringement. The license is terminated for the user who violated the license. However, all other users still have a valid license, so long as they are in compliance.

Under the 4.0 licenses, a licensee automatically gets these rights back if she fixes the violation within 30 days of discovering it.

If you apply a Creative Commons license and a user violates the license conditions, you may opt to contact the person directly to ask them to rectify the situation or consult a lawyer to act on your behalf. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

As long as users abide by license terms and conditions, licensors cannot control how the material is used. However, CC licenses do provide several mechanisms that allow licensors to choose not to be associated with their material or to uses of their material with which they disagree.

First, all CC licenses prohibit using the attribution requirement to suggest that the licensor endorses or supports a particular use. Second, licensors may waive the attribution requirement, choosing not to be identified as the licensor, if they wish. Third, if the licensor does not like how the material has been modified or used, CC licenses require that the licensee remove the attribution information upon request. (In 3.0 and earlier, this is only a requirement for adaptations and collections; in 4.0, this also applies to the unmodified work.) Finally, anyone modifying licensed material must indicate that the original has been modified. This ensures that changes made to the original material–whether or not the licensor approves of them–are not attributed back to the licensor.

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

The use of any effective technical protection measures (such as digital rights management or “DRM”) by licensees to prevent others from exercising the licensed rights is prohibited.

Not all kinds of encryption or access limitations are prohibited by the licenses. For example, sending content via email and encrypting it with the recipient’s public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a particular set of users (for example, by requiring a username and password to enter a site) does not restrict further use of the content by the recipients. In these examples, these things do not prevent the recipient from exercising all of the rights granted by the license, including the right to redistribute it further.

If someone is applying effective technological measures to your CC-licensed material that do restrict exercise of the licensed rights (such as applying DRM that restricts copying), this is a violation of the license terms unless you have chosen to grant this permission separately.

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

No. CC licenses grant permission to use the licensed material in any media or format regardless of the format in which it has been made available. This is true even if you have applied a NoDerivatives license to your work. Once a CC license is applied to a work in one format or medium, a licensee may use the same work in any other format or medium without violating the licensor’s copyright.

What if I change my mind about using a CC license?

CC licenses are not revocable. Once something has been published under a CC license, licensees may continue using it according to the license terms for the duration of applicable copyright and similar rights. As a licensor, you may stop distributing under the CC license at any time, but anyone who has access to a copy of the material may continue to redistribute it under the CC license terms. While you cannot revoke the license, CC licenses do provide a mechanism for licensors to ask that others using their material remove the attribution information. You should think carefully before choosing a Creative Commons license.

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

CC offers six core licenses, each of which grants a different set of permissions. Before you use CC-licensed material, you should review the terms of the particular license to be sure your anticipated use is permitted. If you wish to use the work in a manner that is not permitted by the license, you should contact the rights holder (often the creator) to get permission first, or look for an alternative work that is licensed in a way that permits your anticipated use. Note that if you use material in a way that is not permitted by the applicable license and your use is not otherwise permitted by an applicable copyright exception or limitation, the license is automatically terminated and you may be liable for copyright infringement, even if you are eligible to have your rights reinstated later.

Before using material offered under a Creative Commons license, you should know that CC licenses only grant permissions needed under copyright and similar rights, and there may be additional rights you need to use it as intended. You should also understand that licensors do not offer warranties or guarantees about the material they are licensing unless expressly indicated otherwise. All materials are licensed “AS IS” and a disclaimer of warranties applies unless expressly provided otherwise. If you want to ask for a warranty or guarantee about rights to use the material, you should talk with the licensor before using it.

Does a Creative Commons license give me all the rights I need to use the work?

It depends. CC licenses do not license rights other than copyright and similar rights (which include sui generis database rights in version 4.0). For example, they do not license trademark or patent rights, or the publicity, personality, and privacy rights of third parties. However, licensors agree to waive or not assert any moral rights, publicity rights, personality rights, or privacy rights they themselves hold, to the limited extent necessary to allow exercise of the licensed rights. Any rights outside of the scope of the license may require clearance (i.e., permission) in order to use the work as you would like.

Additionally, creative works sometimes incorporate works owned by others (known as “third party content”), often used pursuant to a CC license or under an exception or limitation to copyright such as fair use in the U.S. You should make sure you have permission to use any third party content contained in the work you want to use, or that your use is otherwise allowed under the laws of your jurisdiction, particularly in cases such as fair use where your right to use the content depends on the particular context in which you plan to use it.

All CC licenses contain a disclaimer of warranties, meaning that the licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work. You may wish to obtain legal advice before using CC-licensed material if you are not sure whether you have all the rights you need.

What if there are sui generis database rights that apply to my use of a CC-licensed database?

In the somewhat limited circumstances where sui generis database rights apply to your use, special conditions apply and there are more specific considerations you should be aware of. Under 4.0, sui generis database rights are licensed alongside copyright, but the treatment in earlier versions of the license varies. A fuller explanation of these variations and related considerations is available in the Data FAQ.

Where can I find material offered under a CC license?

If you are looking for material offered under a Creative Commons license, CC Search is a good starting point. There is also a directory of organizations and individuals who use CC licenses. Some media sites, such as Flickr, have search filters for material licensed using CC’s licenses.

Be sure to confirm that the material you want to use is actually under a CC license, as search results may sometimes be misleading.

Are Creative Commons works really free to use?

Yes. While many if not most CC-licensed works are available at no cost, some licensors charge for initial access to CC-licensed works—for example, by publishing CC-licensed content only to subscribers, or by charging for downloads. However, even if you have paid an access charge, once you have a copy of CC-licensed material, you may make any further uses permitted by the license without paying licensing fees.

(If you wish to make uses that are not permitted by the license—for example, making a commercial use of an NC-licensed photo—the licensor may charge for those additional rights.)

What should I know about differences between the international licenses and the ported licenses?

As a licensee, you should always read and understand the relevant license’s legal code before using CC-licensed material, particularly if you are using material that is licensed using a ported license with which you are unfamiliar. Our porting process involved adapting the international licenses to the legal framework of different jurisdictions, and in that process slight adjustments may have been made that you should make yourself aware of in advance of using the material. You can find more information about the ported licenses in the Jurisdiction Database.

There are currently no ported versions of 4.0, and we expect there will be few, if any, in the future. All official translations of the 4.0 international licenses are equivalent: you may substitute one for another depending on your preferred language.

However, the ported versions of 3.0 and earlier sometimes contain small differences from the international license depending on the ways in which they have been adapted to their jurisdictions. For example, a handful of the ported licenses contain provisions specifying which laws will apply in the event the licensor chooses to enforce the license, and a few of the ported licenses contain forum selection clauses.

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Contact the rights holders to ask for permission. Otherwise, unless an exception or limitation to copyright applies, your use of the material may violate the Creative Commons license. If you violate the terms of the license, your rights to use the material will be automatically terminated, and you may be liable for copyright infringement.

Do I always have to comply with the license terms? If not, what are the exceptions?

You need to comply with the license terms if what you are doing would otherwise require permission from the rights holder. If your use would not require permission from the rights holder because it falls under an exception or limitation, such as fair use, or because the material has come into the public domain, the license does not apply, and you do not need to comply with its terms and conditions. Additionally, if you are using an excerpt small enough to be uncopyrightable, the license does not apply to your use, and you do not need to comply with its terms.

However, if you are using excerpts of CC-licensed material which individually are minimal and do not require license compliance, but together make up a significant copyrightable chunk, you must comply with the license terms. For example, if you quote many individual lines from a poem across several sections of a blog post, and your use is not a fair use, you must comply with the license even though no individual line would have been a substantial enough portion of the work to require this.

Attribution

How do I properly attribute material offered under a Creative Commons license?

All CC licenses require users to attribute the creator of licensed material, unless the creator has waived that requirement, not supplied a name, or asked that her name be removed. Additionally, you must retain a copyright notice, a link to the license (or to the deed), a license notice, a notice about the disclaimer of warranties, and a URI if reasonable. For versions prior to 4.0, you must also provide the title of the work. (Though it is not a requirement in 4.0, it is still recommended if one is supplied.)

You must also indicate if you have modified the work—for example, if you have taken an excerpt, or cropped a photo. (For versions prior to 4.0, this is only required if you have created an adaptation by contributing your own creative material, but it is recommended even when not required.) It is not necessary to note trivial alterations, such as correcting a typo or changing a font size. Finally, you must retain an indication of previous modifications to the work.

CC licenses have a flexible attribution requirement, so there is not necessarily one correct way to provide attribution. The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner. Additionally, you may satisfy the attribution requirement by providing a link to a place where the attribution information may be found.

While the attribution requirements in the license are the minimum requirement, we always recommend that you follow the best practices for the kind of use you are making. For example, if you are using scientific data marked with CC0, you are not required to give attribution at all, but we recommend that you give the same credit you would give to any other source—not because the license requires it, but because that is the standard for letting others know the source of the data.

The CC website offers some best practices to help you attribute properly, and the CC Australia team has developed a helpful guide to attributing CC-licensed material (.pdf) in different formats. Note that the attribution and marking requirements vary slightly among license versions. See here for a chart comparing the specific requirements.

Do I need to be aware of anything else when providing attribution?

Yes. You need to be careful not to imply any sponsorship, endorsement, or connection with the licensor or attribution party without their permission. Wrongfully implying that a creator, publisher, or anyone else endorses you or your use of a work may be unlawful. Creative Commons makes the obligation not to imply endorsement explicit in its licenses. In addition, if the licensor of a work requests that you remove the identifying credit, you must do so to the extent practical.

Additionally, when you are using a work that is an adaptation of one or more pre-existing works, you may need to give credit to the creator(s) of the pre-existing work(s), in addition to giving credit to the creator of the adaptation.

Do I always have to attribute the creator of the licensed material?

You must attribute the creator when you provide material to the public by any means that is restricted by copyright or similar rights. If you are using the material personally but are not making it or any adaptations of it available to others, you do not have to attribute the licensor. Similarly, if you are only distributing the material or adaptations of it within your company or organization, you do not have to comply with the attribution requirement. Learn more about when compliance with the license is not required.

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such.

Can I take a CC-licensed work and use it in a different format?

Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.

This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work.

How do I know if a low-resolution photo and a high-resolution photo are the same work?

As with most copyright questions, it will depend on applicable law. Generally, to be different works under copyright law, there must be expressive or original choices made that make one work a separate and distinct work from another. The determination depends on the standards for copyright in the relevant jurisdiction.

Under U.S. copyright law, for example, mechanical reproduction of a work into a different format is unlikely to create a separate, new work. Consequently, digitally enhancing or changing the format of a work absent some originality, such as expressive choices made in the enhancement or encoding, will not likely create a separate work for copyright purposes. The creative bar is low, but it is not non-existent. Accordingly, in some jurisdictions releasing a photograph under a CC license will give the public permission to reuse the photograph in a different resolution.

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

The NoDerivs licenses (BY-ND and BY-NC-ND) prohibit reusers from creating adaptations. What constitutes an adaptation, otherwise known as a derivative work, varies slightly based on the law of the relevant jurisdiction.

Incorporating an unaltered excerpt from an ND-licensed work into a larger work only creates an adaptation if the larger work can be said to be built upon and derived from the work from which the excerpt was taken. Generally, no derivative work is made of the original from which the excerpt was taken when the excerpt is used to illuminate an idea or provide an example in another larger work. Instead, only the reproduction right of the original copyright holder is being exercised by person reusing the excerpt. All CC licenses grant the right to reproduce a CC-licensed work for noncommercial purposes (at a minimum). For example, a person could make copies of one chapter of an ND-licensed book and not be in violation of the license so long as other conditions of the license are met.

There are exceptions to that general rule, however, when the excerpts are combined with other material in a way that creates some new version of the original from which the excerpt is taken. For example, if a portion of a song was used as part of a new song, that may rise to the level of creating an adaptation of the original song, even though only a portion of it was used and even if that portion was used as-is.

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

No. When you receive material under a Creative Commons license, you may not place additional terms and conditions on the reuse of the work. This includes using effective technological measures (ETMs) that would restrict a licensee’s ability to exercise the licensed rights.

A technological measure is considered an ETM if circumventing it carries penalties under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements. Generally, this means that the anti-circumvention laws of various jurisdictions would cover attempts to break it.

For example, if you remix a CC-licensed song, and you wish to share it on a music site that places digital copy-restriction on all uploaded files, you may not do this without express permission from the licensor. However, if you upload that same file to your own site or any other site that does not apply DRM to the file, and a listener chooses to stream it through an app that applies DRM, you have not violated the license.

Note that merely converting material into a different format that is difficult to access or is only available for certain platforms does not violate the restriction; you may do this without violating the license terms.

Can I share CC-licensed material on password-protected sites?

Yes. This is not considered to be a prohibited measure, so long as the protection is merely limiting who may access the content, and does not restrict the authorized recipients from exercising the licensed rights. For example, you may post material under any CC license on a site restricted to members of a certain school, or to paying customers, but you may not place effective technological measures (including DRM) on the files that prevents them from sharing the material elsewhere.

(Note that charging for access may not be permitted with NC-licensed material; however, it is not disallowed by the restriction on ETMs.)

Can I share CC-licensed material on file-sharing networks?

Yes. All CC licenses allow redistribution of the unmodified material by any means, including distribution via file-sharing networks. Note that file-trading is expressly considered to be noncommercial for purposes of compliance with the NC licenses. Barter of NC-licensed material for other items of value is not permitted.

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

If you have received material under a CC license that is encumbered with effective technological measures (such as digital rights management or DRM), you may or may not be permitted to break it, depending on the circumstances. By releasing material under a CC license, the licensor agrees not to assert any rights she may have to prevent the circumvention of effective technological measures. (Under the 3.0 and earlier licenses, this is implied but not explicit.) However, if she has uploaded it to a site or other distribution channel that itself applies such measures, that site may have the right to prevent you from breaking them, even though the licensor herself cannot do so.

Note that anti-circumvention laws can impose criminal liability in some jurisdictions.

What if I have received CC-licensed material with additional restrictions?

It is possible that CC-licensed material will appear on platforms that impose terms in addition to the copyright license (though Creative Commons strongly discourages restrictions that interfere with exercise of the licensed rights). These additional terms do not form part of the license for the work. For example, if you download CC-licensed material from a site that does not permit downloading, you may be breaking the terms of use of the site, but you are not infringing the CC license. See our guide to Modifying the CC licenses for more guidance and information.

Combining and adapting CC material

When is my use considered an adaptation?

Whether a modification of licensed material is considered an adaptation for the purpose of CC licenses depends primarily on the applicable copyright law. Copyright law reserves to an original creator the right to create adaptations of the original work. CC licenses that allow for adaptations to be shared—all except BY-ND and BY-NC-ND—grant permission to others to create and redistribute adaptations when doing so would otherwise constitute a violation of applicable copyright law. Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable, such as a translation of a novel from one language to another, or the creation of a screenplay based on a novel.

Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation, whether or not it would be considered so under applicable law. Also, under version 4.0, certain uses of databases restricted by sui generis database rights also constitute adaptations (called “Adapted Material” in the 4.0 licenses), whether or not they would be considered adaptations under copyright law. For more details about adaptations in the database context, see the Data FAQ.

Note that all CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license.

Note on terminology: throughout these FAQs, we use the term “remix” interchangeably with “adapt.” Both are designed to mean doing something that constitutes an adaptation under copyright law.

Can I combine material under different Creative Commons licenses in my work?

It depends. The first question to ask is whether doing so constitutes an adaptation. If the combination does not create an adaptation, then you may combine any CC-licensed content so long as you provide attribution and comply with the NonCommercial restriction if it applies. If you want to combine material in a way that results in the creation of an adaptation (i.e. a “remix”), then you must pay attention to the particular license that applies to the content you want to combine.

The NoDerivatives licenses do not permit remixing except for private use (the pre-4.0 licenses do not permit remixing at all, except as allowed by exceptions and limitations to copyright). All the other CC licenses allow remixes, but may impose limitations or conditions on how the remix may be used. For example, if you create a remix with material licensed under a ShareAlike license, you need to make sure that all of the material contributed to the remix is licensed under the same license or one that CC has named as compatible, and you must properly credit all of the sources with the required attribution and license information. Similarly, if you want to use a remix for commercial purposes, you cannot incorporate material released under one of the NonCommercial licenses.

The chart below shows which CC-licensed material can be remixed. To use the chart, find a license on the left column and on the top right row. If there is a check mark in the box where that row and column intersect, then the works can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies. See below for details on how remixes may be licensed.

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If you make adaptations of material under a CC license (i.e. “remix”), the original CC license always applies to the material you are adapting even once adapted. The license you may choose for your own contribution (called your “adapter’s license”) depends on which license applies to the original material. Recipients of the adaptation must comply with both the CC license on the original and your adapter’s license.

  • BY and BY-NC material

When remixing BY or BY-NC material, it is generally recommended that your adapter’s license include at least the same license elements as the license applied to the original material. This eases reuse for downstream users because they are able to satisfy both licenses by complying with the adapter’s license. For example, if you adapt material licensed under BY-NC, your adapter’s license should also contain the NC restriction. See the chart below for more details.

  • BY-SA and BY-NC-SA material

In general, when remixing ShareAlike content, your adapter’s license must be the same license as the license on the material you are adapting. All licenses after version 1.0 also allow you to license your contributions under a later version of the same license, and some also allow ported licenses. (See the license versions page for details.) If you wish to adapt material under BY-SA or BY-NC-SA and release your contributions under a non-CC license, you should visit the Compatibility page to see which options are allowed.

  • BY-ND and BY-NC-ND material

The BY-ND and BY-NC-ND licenses do not permit distribution of adaptations (also known as remixes or derivative works), and prohibits the creation of adaptations under the pre-4.0 versions of those licenses. Since you may not share remixes of these materials at all, there is no compatibility with other licenses. (Note that the ND licenses do allow you to reproduce the material in unmodified form together with other material in a collection, as indicated in the next FAQ.)

  • Adapter’s license chart

The chart below details the CC license(s) you may use as your adapter’s license. When creating an adaptation of material under the license identified in the lefthand column, you may license your contributions to the adaptation under one of the licenses indicated on the top row if the corresponding box is green. CC does not recommend using a license if the corresponding box is yellow, although doing so is technically permitted by the terms of the license. If you do, you should take additional care to mark the adaptation as involving multiple copyrights under different terms so that downstream users are aware of their obligations to comply with the licenses from all rights holders. Dark gray boxes indicate those licenses that you may not use as your adapter’s license.

Adapter’s license chart Adapter’s license
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work PD              
BY              
BY-NC              
BY-NC-ND              
BY-NC-SA              
BY-ND              
BY-SA              
Abbreviation Key

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

All Creative Commons licenses (including the version 4.0 licenses) allow licensed material to be included in collections such as anthologies, encyclopedias, and broadcasts. You may choose a license for the collection, however this does not change the license applicable to the original material.

When you include CC-licensed content in a collection, you still must adhere to the license conditions governing your use of the material incorporated. For example, material under any of the Creative Commons NonCommercial licenses cannot be used commercially. The table below indicates what type of CC-licensed works you may incorporate into collections licensed for commercial and noncommercial uses.

Original Work Commercial Collection (BY, BY-SA, BY-ND) NonCommercial Collection (BY-NC, BY-NC-SA, BY-NC-ND)
PD    
BY    
BY-NC    
BY-NC-ND    
BY-NC-SA    
BY-ND    
BY-SA    

License termination

When do Creative Commons licenses expire?

Creative Commons licenses expire when the underlying copyright and similar rights expire.

Note that the relevant rights may expire at different times. For example, you may have a CC-licensed song where the rights in the musical arrangement expire before the rights in the lyrics. In this case, when the copyright in the music expires, you may use it without being required to comply with the conditions of the CC license; however, you must still comply with the license if you use the lyrics.

What happens if the author decides to revoke the CC license to material I am using?

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms. Of course, you may choose to respect the licensor’s wishes and stop using the work.

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

All of the CC licenses terminate if you fail to follow the license conditions. If this happens, you no longer have a license to use the material.

In the 4.0 licenses, your rights under the license are automatically reinstated if you correct this failure within 30 days of discovering the violation (either on your own or because the licensor or someone else has told you). Under the 3.0 and earlier licenses, there is no automatic reinstatement.

If you have lost your rights under a CC license and are not entitled to automatic reinstatement, you may regain your rights under the license if the licensor expressly grants you permission. You cannot simply re-download the material to get a new license.

Note that you may still be liable for damages for copyright infringement for the period where you were not in compliance with the license.

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

The Creative Commons licenses have three layers, as does the CC0 public domain dedication: the human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The Public Domain Mark is not legally operative, and so has only two layers: the human-readable mark and machine-readable metadata.

When material is licensed using any of the CC licenses or tools, it is highly recommended that a CC button, text, or other marker somehow accompany it. There are many possible modes for marking. For our licenses, people generally use the CC license chooser to generate HTML code that can be pasted into the webpage where the licensed material is published. CC0 and the Public Domain Mark have a separate chooser. Many platforms and web services such as Flickr and Drupal support CC licensing directly, allowing you to select an appropriate license. The service then properly marks the work for you.

CC has published some best practices for marking your CC-licensed material, and recommends:

  • Including a visual indicator (some combination of text and images) that the work is licensed with one of the CC licenses.
  • Clearly indicating what material is covered under the CC license, especially if it’s presented alongside non-licensed materials.
  • Including a link to the human-readable deed (which itself contains a link to the legal code).
  • Embedding machine-readable metadata in the code of the license indicator or code of the licensed page.

See the marking page for more details.

What does it mean that Creative Commons licenses are “machine-readable”?

Creative Commons has specified CC REL as a way to associate machine-readable licensing metadata with objects offered under CC licenses.

Before Creative Commons developed this vocabulary, it was difficult for a machine to ascertain whether an object was marked with a CC license. There was also no standard, predictable place to house metadata about that license (for example, the source URL of the work or the required mode of attribution).

Machine-readable metadata based on well-accepted metadata standards creates a platform upon which new services and applications can be built. Software and services can detect CC licenses and the details of that license, as described by the metadata. For example, on many websites and search engines such as Google and Flickr, you can run filtered searches for works offered under specific CC licenses. In addition, CC license deeds can automatically create copy-and-paste attribution code so users may easily comply with the BY condition of the licenses. When you click on a CC license or button from a page with license metadata, you get copy-and-paste attribution HTML within that license deed page. That HTML is based on available RDFa metadata in the original material.

All HTML provided by the CC license chooser is automatically annotated with metadata in RDFa format.

What is RDFa?

RDFa is a method for embedding structured data in a web page. For more information about RDFa, see the following resources:

What is CC REL and why does Creative Commons recommend it?

Creative Commons Rights Expression Language (CC REL) renders information about licenses and works machine-readable through standards that define the semantic web. Creative Commons wants to make it easy for creators and scientists to build upon the works of others when they choose; licensing your work for reuse and finding properly licensed works to reuse should be easy. CC recommends that you mark your licensed works with CC REL. The Creative Commons license chooser provides HTML annotated with CC REL, while the Creative Commons deeds recognize CC REL on web pages with works offered under a CC license, and use this metadata to enhance the deed for properly marked-up works, e.g., by providing copy and paste HTML that includes work attribution.

For more background information on CC REL, please refer to this paper.

What does it mean for a search engine to be CC-enabled?

Some search engines (like Google) allow people to filter their search results by usage rights so that you can limit your search results according to the particular CC license you seek. For example, if you are looking for a photo to adapt, you can filter your search to return photos that have a CC license that permits creation of adaptations. You can generally find this search feature on the advanced search page of your selected search engine. You can also use CC Search, which offers a convenient interface to search and a list of those content providers that support searches for content based on usage rights.

Please note, however, that you should always double check to make sure that the work you locate through a search is licensed as you wish.

How do I give users of my site the option to use CC licensing like Flickr does?

Creative Commons provides tools for integrating license selection with your site. You can find an overview at the Web Integration article on the CC wiki. The Partner Interface is a good way to get started and will always have the most up-to-date license versions and translations. However, there is also an API available if you want more control.

How can I change or remove the Creative Commons search option built into the Firefox browser?

Mozilla has included the Creative Commons search function in many versions of Firefox along with search options for Google, Amazon, and other popular sites. Please take a look at the Firefox article on the CC wiki for an explanation of how to change these features.

If you want to add or remove a particular search option, click on the logo in the search box (for example, the CC logo or the Google logo). This will open the pull down menu, which will allow you to select different search providers. If you choose “Manage Search Engines,” you will be able to add or remove search engines. You can also alter the order in which the search providers appear on the pull down menu.

Is Creative Commons involved in digital rights management (DRM)?

No. CC licenses are a form of rights expression, not rights management. CC provides tools to make it easier for creators and owners to say which rights they reserve and permissions they grant. This is different from digital rights management (or “DRM”), which uses technological protection measures to prevent people from using the work in a way that the owner has not permitted.

CC licenses contain language prohibiting licensees from the use of effective technological measures (including DRM) to prevent access to licensed material: ”You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any such recipient.”

While licensors may apply effective technological measures (ETMs) to their own materials, the licensor provides a limited permission to circumvent these measures: “The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures.” Note that this only applies to effective technological measures applied by licensors themselves: third parties such as distribution platforms may still apply ETMs if the licensor uploads there, and the license is not able to grant you permission to circumvent it.

Copyright law grants exclusive rights to creators of original works of authorship. National laws usually extend protections to such works automatically once fixed in a tangible medium, prohibiting the making of copies without the rights holder’s permission, among other things. On the internet, even the most basic activities involve making copies of copyrighted content. As content is increasingly uploaded, downloaded, and shared online, copyright law is becoming more relevant to more people than it was 20 years ago. Unfortunately, infringing copyrights—even unintentionally or unknowingly—can lead to liability. Successful navigation of the internet requires some understanding of copyright law.

What is the public domain?

The public domain of copyright refers to the aggregate of those works that are not restricted by copyright within a given jurisdiction. A work may be part of the public domain because the applicable term of copyright has expired, because the rights holder surrendered copyright in the work with a tool like CC0, or because the work did not meet the applicable standards for copyrightability.

Because the public domain depends on the copyright laws in force within a particular territory, sometimes a work may be considered “in the public domain” of one jurisdiction, but not in another. For example, U.S. government works are automatically in the public domain under U.S. copyright law, but might be restricted by copyright in other countries.

The Public Domain Manifesto, the University Libraries page, and the CC0 FAQs all contain additional information about the public domain.

Copyright in most jurisdictions attaches automatically without need for any formality once a creative work is fixed in tangible form (i.e. the minute you put pen to paper, take a photo, or hit the “save” button on your computer).

In some jurisdictions, creators may be required to register with a national agency in order to enforce copyright in court. If you would like more information, please consult the Berne Convention or your jurisdiction’s copyright law.

Although you do not have to apply a copyright notice for your work to be protected, it may be a useful tool to clearly signal to people that the work is yours. It also tells the public who to contact about the work.

What is an adaptation?

An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.

In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter’s personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil’s copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction’s copyright law for more information.

What are moral rights?

Copyright laws in many jurisdictions around the world grant creators “moral rights” in addition to the economic or commercial right to exploit their creative works. Moral rights protect the personal and reputational value of a work for its creator. Moral rights differ by country, and can include the right of attribution, the right to have a work published anonymously or pseudonymously, and/or the right to the integrity of the work. The moral right of integrity may provide creators with a source for redress if an adaptation represents derogatory treatment of their work, typically defined as “distortion or mutilation” of the work or treatment that is “prejudicial to the honor, or reputation of the author.” Not all jurisdictions provide for moral rights.

The CC licenses are intended to minimize the effect of moral rights on a licensee’s ability to use licensed material; however, in some jurisdictions, these rights may still have an effect. CC offers some additional information on how CC licenses may affect your moral rights.

What are neighboring rights?

Copyright provides an incentive to create works by providing exclusive rights to creators. However, the distribution or exploitation of a work often involves more than just the creator. For example, if someone writes a song, someone else may perform the song, and another may produce the recording of the song. Some jurisdictions extend copyright to the contributions made by these persons; other jurisdictions extend such exclusive rights in the form of neighboring rights. Neighboring rights may include performers’ rights or broadcasters’ rights, among others. The Rome Convention sets forth some guidelines on the scope of neighboring rights. Not all jurisdictions recognize neighboring rights.

What are sui generis database rights?

Sui generis database rights grant qualifying database makers the right to prohibit the extraction and reuse of a substantial portion of a database. The rights are granted to database makers that make a substantial investment of time and resources to create the database. Sui generis database rights are primarily enacted within the European Union and a handful of other jurisdictions.

What are collecting societies?

Collecting societies are copyright management organizations. Some examples of collecting societies include ASCAP and BMI (United States), BUMA/STEMRA (Netherlands), PRS (United Kingdom), and APRA (Australia). These societies license works on behalf of their owners and process royalty payments from parties using the copyrighted works.

CC offers additional information on how collecting societies might affect your rights and your ability to apply CC licenses to your work. CC has several pilots underway with collecting societies that have chosen to allow their members to use CC licenses on a limited basis.

What are publicity, personality, and privacy rights?

These terms are used differently in different jurisdictions. Generally speaking, these rights allow individuals to control the use of their voice, image, likeness, or other identifiable aspect of their identity, especially for purposes of commercial exploitation. Similarly, in some jurisdictions these rights allow people to restrict others’ ability to publish information about them without their permission. Whether and to what extent these rights exist, and if so, how they are labeled, varies depending on the jurisdiction.

Creative Commons licenses have a limited effect on these rights where the licensor holds them. Where the licensor has publicity, personality, or privacy rights that may affect your ability to use the material as the license intends, the licensor agrees to waive or not assert those rights. However, any such rights not held by the licensor are not affected and may still affect your desired use of a licensed work. If you have created a work or wish to use a work that might in some way implicate these rights, you may need to obtain permission from the individuals whose rights may be affected.

Data

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

: Uses of CC Licenses with Data and Databases : Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker’s investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [marking page]https://wiki.creativecommons.org/wiki/Marking_your_work_with_a_CC_license “wikilink”) for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights–but not copyright–are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.1 These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker’s substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Artificial intelligence and CC licenses

What are the limits on how CC-licensed works can be used in the development of new technologies, such as training of artificial intelligence software?

The licenses grant permission for reuse in any situation that requires permission under copyright. There are many ways in which CC-licensed work works and even all rights reserved works can be reused without permission. This includes uses that are fair uses, for example.

If someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected. This is one of the enduring qualities of our licenses — they have been carefully designed to work with all new technologies where copyright comes into play. No special or explicit permission regarding new technologies from a copyright perspective is required.

But what about privacy laws, rules governing ethical research, and data protection laws?

CC’s copyright licenses are not universal policy tools. Copyright is the primary obstacle to reuse that our licenses solve, but there are many other issues related to the reuse of content that our licenses do not address and that reusers should be aware of. These can include privacy and rules governing ethical research and the collection or use of data, which have to be addressed and respected separate and apart from the copyright issues that CC licenses cover.

What attribution obligations exist when CC-licensed images are included in a published dataset? Is linking to the original image or URI required, and if so, is it adequate?

It depends. First, keep in mind that CC licenses never limit uses that copyright doesn’t control. For example, as a general matter text and data mining in the United States is considered a fair use and does not require permission under copyright. This means that reusers engaged in text and data mining do not have to adhere to the marking and attribution requirements in our licenses for that activity even though we strongly recommend they do so anyway. A second example is linking. In some countries, linking to copyrighted content doesn’t require permission under copyright law, which means the CC license obligations do not come into play even though the linked content is CC-licensed.

Where a CC-licensed work is distributed as part of a database or dataset, and assuming copyright (or in the European Union, copyright or sui generis database rights) is triggered, then the license conditions must be respected. This means providing the required attribution information in a way that is reasonable under the circumstances. Our licenses allow for some flexibility, and in some cases that may be as simple as providing a link to the website where the relevant attribution information is provided. Visit our marking practices page for more information.

If a for-profit company uses CC-licensed content under a Non Commercial license and releases the work under terms that allow only research purposes, is the NC restriction violated?

This depends on whether any of the uses made of the works by the company, whether for profit or non profit, are primarily intended for commercial advantage or monetary compensation. This is hard to know without having all of the facts about how a work was used, whether internally by the company for its own purposes or how the work was distributed for further use. Visit our NC page for more information about what constitutes commercial and non commercial uses of works.

If NC-licensed content is redistributed to the public under an NC license, that distribution would not violate the NC clause. (Note that CC strongly discourages the use of any license terms other than a CC NC license for redistributions of NC-licensed content.)

If CC SA-licensed content is included in a database, does the entire database have to be licensed under an SA license?

CC licenses never require a reuser of a CC-licensed work to make the original work or resulting works (collections, derivatives, etc.) publicly available. There are lots of private reuses of works that are permitted by CC’s licenses that do not require compliance with their terms. Regarding ShareAlike, the condition only applies if a work is modified and if the work is shared publicly. In the situation where a reuser created a dataset of photos and made it publicly available, and assuming copyright permission is required, then what is released is likely a collection or compilation of pre-existing works. CC licenses do not require the collection or the compilation itself to be made available under an SA license, even though each individual work is still licensed individually under an SA license and if they were modified by the distributor the modified photo would need to be licensed under the same terms. For example, were Creative Commons to compile photographs from a photo sharing website under a BY-SA 2.0 license and create a database that it then publicly distributed, CC could license the collection as a whole under a BY license, but the photographs would continue to be licensed under BY-SA 2.0.

What, if any, remedies, do users have if they dislike how their photos or images have been reused?

Several remedies are potentially available. Some may be available if the CC license terms have been violated, and others may be available through other, separate avenues because they involve other laws or regulations that the CC licenses do not cover. It’s important to remember, however, that absent a violation of the license the permissions granted under the license remain in place and cannot be revoked.

  • Under the CC licenses, even if a license condition has not been violated licensors can ask that attribution to them be removed so they can distance themselves from the reuse.
  • For violations of a CC license term where the license was required (not a fair use, etc.) then you may have a claim for copyright infringement. Fortunately, in the CC community most license violations are handled amicably without resorting to the courts.
  • For claims involving laws and regulations other than copyright, recourse may be available depending on your local laws.

An important starting point for any would-be sharer of content under a CC license is to educate yourself in advance about how they work and what rights they do and do not cover. We have many FAQs on our website. We also provide human-readable deeds with links to the full text of our licenses. Additionally, all of our licenses highlight at the beginning many considerations that licensors should have in mind before they license, and considerations for reusers of works before they do so in order to avoid inadvertent violations.

Notes

  1. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).↩

#####EOF##### What's New in 4.0 - Creative Commons
Creative Commons > Share your work > Licensing considerations > What’s New in 4.0

What’s New in 4.0

Creative Commons worked for more than two years to develop the next generation of CC licenses — the version 4.0 CC license suite. The new licenses are more user-friendly and more internationally robust than ever before.

We made dozens of improvements to the licenses. Most will go unnoticed by many CC licensors and licensees, but some of them deserve particular attention.

For a much more in-depth rundown of the decisions reflected in 4.0, visit the 4.0 page on the Creative Commons wiki.

A more global license

In the past six years, Creative Commons has worked with hundreds of volunteers around the world – literally, some of the best minds in copyright law and open licensing on the planet – to translate and adapt the 3.0 and earlier licenses to local laws in over 60 jurisdictions (what we call “porting”). In the process, we’ve learned a lot about how our licenses work internationally and how they’re impacted by the nuances of copyright law in various jurisdictions.

We drew on this experience in the process of developing 4.0. We’ve worked closely with our wide international network of affiliates and countless other experts and stakeholders to make 4.0 the most internationally enforceable set of CC licenses to date. The 4.0 licenses are ready-to-use around the world, without porting.

The new licenses have improved terminology that’s better understood worldwide. With the release of 4.0, we’re also introducing official translations of the CC licenses, so that users of CC-licensed material around the world can read and understand the complete licenses in their local languages.

Rights outside the scope of copyright

Other rights beyond copyright can complicate the reuse of CC-licensed material. To the extent that those rights are not addressed directly in a copyright license, the situation for users of works can be even more confusing. Version 4.0 addresses this challenge through an open-ended but carefully tailored license grant that identifies categories of rights that could (if not licensed) interfere with reuse of the material. Accounting for these and other unenumerated rights will more fully enable users of CC-licensed works to use the work as they expect and as intended by licensors.

In particular, the fact that sui generis database rights are not explicitly covered by the 3.0 unported licenses has led to confusion in jurisdictions that recognize those rights. Version 4.0 removes any doubt, pulling applicable sui generis rights squarely within the scope of the license unless explicitly excluded by the licensor. It also allows database providers to use the CC licenses to explicitly license those rights.

The 4.0 license suite uniformly and explicitly waives moral rights held by the licensor where possible to the limited extent necessary to enable reuse of the content in the manner intended by the license. Publicity, privacy, and personality rights held by the licensor are expressly waived to the same limited extent. While many understand these rights to be waived when held by the licensor in 3.0 and earlier versions, version 4.0’s treatment makes the intended outcome clear.

Common-sense attribution

Version 4.0 includes a slight change to attribution requirements, designed to better reflect accepted practices. The licenses explicitly permit licensees to satisfy the attribution requirement with a link to a separate page for attribution information. This was already common practice on the internet and possible under earlier versions of the licenses, and Version 4.0 alleviates any uncertainty about its use.

Enabling more anonymity, when desired

Version 3.0 included a provision allowing a licensor to request that a licensee remove the attribution from an adaptation, if she did not want her name associated with it. Version 4.0 expands that provision to apply not only to adaptations but also to verbatim reproductions of a work. Licenses now account specifically for situations where licensors wish to disassociate themselves from uses of their works they object to, even if their work hasn’t been modified or published in a collection with other works.

30-day window to correct license violations

All CC licenses terminate when a licensee breaks their terms, but under 4.0, a licensee’s rights are reinstated automatically if she corrects a breach within 30 days of discovering it. The cure period in version 4.0 resembles similar provisions in some other public licenses and better reflects how licensors and licensees resolve compliance issues in practice. It also assures users that provided they act promptly, they can continue using the CC-licensed work without worry that they may have lost their rights permanently.

Increased readability

The 4.0 license suite is decidedly easier to read and understand than prior versions, not to mention much shorter and better organized. The simplified license structure and use of plain language whenever possible increases the likelihood that licensors and reusers will understand their rights and obligations. This improves enforceability of the licenses and reduces confusion and disagreement about how the licenses operate.

Clarity about adaptations

The BY and BY-NC 4.0 licenses are clearer about how adaptations are to be licensed, a source of confusion for some under the earlier versions of those licenses. These licenses now clarify that you can apply any license to your contributions you want so long as your license doesn’t prevent users of the remix from complying with the original license. While this is how 3.0 and earlier versions are understood, the 4.0 licenses make it abundantly clear and will help remixers in understanding their licensing obligations.

130 thoughts on “What’s New in 4.0”

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#####EOF##### Frequently Asked Questions - Creative Commons
English | Français

Frequently Asked Questions

2019-04-02 14:07:11 UTC

These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information.

  • Other CC FAQs: CC0 Public Domain Dedication and Public Domain Mark.
  • “Licensor”, “rights holder”, “owner”, and “creator” may be used interchangeably to refer to the person or entity applying a CC license.
  • Information about the licenses is primarily made with reference to the 4.0 suite, but earlier license versions are mentioned where they differ.
  • Have a question that isn’t answered here? Contact info@creativecommons.org.

Creative Commons does not provide legal advice. This FAQ is for informational purposes and is not a substitute for legal advice. It may not cover important issues that affect you. You should consult with your own lawyer if you have questions.

About CC

What is Creative Commons and what do you do?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. Our legal tools help those who want to encourage reuse of their works by offering them for use under generous, standardized terms; those who want to make creative uses of works; and those who want to benefit from this symbiosis. Our vision is to help others realize the full potential of the internet. CC has affiliates all over the world who help ensure our licenses work internationally and who raise awareness of our work.

Although Creative Commons is best known for its licenses, our work extends beyond just providing copyright licenses. CC offers other legal and technical tools that also facilitate sharing and discovery of creative works, such as CC0, a public domain dedication for rights holders who wish to put their work into the public domain before the expiration of copyright, and the Public Domain Mark, a tool for marking a work that is in the worldwide public domain. Creative Commons licenses and tools were designed specifically to work with the web, which makes content that is offered under their terms easy to search for, discover, and use.

For more information about CC, our main website contains in-depth information about the organization, its staff and board of directors, its history, and its supporters. You can also read CC case studies to learn about some of the inspiring ways CC licenses and tools have been used to share works and support innovative business models. You can find regularly updated information about CC by visiting the blog.

Absolutely not. CC has responded to claims to the contrary. CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

That said, Creative Commons recognizes the need for change in copyright law, and many members of the Creative Commons community are active participants in the copyright reform movement. For more information, see our statement in support of copyright reform.

What does “Some Rights Reserved” mean?

Copyright grants to creators a bundle of exclusive rights over their creative works, which generally include, at a minimum, the right to reproduce, distribute, display, and make adaptations. The phrase “All Rights Reserved” is often used by owners to indicate that they reserve all of the rights granted to them under the law. When copyright expires, the work enters the public domain, and the rights holder can no longer stop others from engaging in those activities under copyright, with the exception of moral rights reserved to creators in some jurisdictions. Creative Commons licenses offer creators a spectrum of choices between retaining all rights and relinquishing all rights (public domain), an approach we call “Some Rights Reserved.”

No. Creative Commons is not a law firm and does not provide legal advice or legal services. CC is similar to a self-help service that offers free, form-based legal documents for others to use. These FAQ answers many of the most common questions. There is also specialized information available on the following pages:

While CC does provide this informational guidance about its licenses and other tools, this information may not apply to your particular situation, and should never be taken as legal advice.

If you’re looking for legal advice about using CC licenses and other tools, we recommend contacting the Creative Commons affiliate in your jurisdiction. CC affiliates are highly connected to the communities of copyright lawyers in their countries. We also offer a list of lawyers and organizations who have identified themselves as willing to provide information to others about CC licensing issues. However, please note that CC does not provide referral services, and does not endorse or recommend any person on that list.

Does Creative Commons collect or track material licensed under a CC license?

No, CC does not collect content or track licensed material. However, CC builds technical tools that help the public search for and use works licensed under our licenses and other legal tools, and many others have built such tools as well. CC Search is one tool developed by CC to help the public discover works offered under Creative Commons licenses on the internet via CC-aware search engines and repositories.

What do the Creative Commons buttons do?

The CC buttons are a shorthand way to convey the basic permissions associated with material offered under CC licenses. Creators and owners who apply CC licenses to their material can download and apply those buttons to communicate to users the permissions granted in advance. When the material is offered online, the buttons should usually link out to the human-readable license deeds (which, in turn, link to the license itself).

May I use the Creative Commons logo and buttons?

You may download high resolution versions of the Creative Commons logos and use them in connection with your work or your website, provided you comply with our policies. Among other things, if you use the logos on a website or on your work, you may not alter the logos in any respect—such as by changing the font, the proportions, or the colors. CC’s buttons, name, and corporate logo (the “CC” in a circle) are trademarks of Creative Commons. You cannot use them in ways not permitted by our policies unless you first receive express, written permission. This means, for example, that you cannot (without our permission) print your own buttons and t-shirts using CC logos, although you can purchase them in CC’s store.

I love Creative Commons. How can I help?

Please support CC by making a donation through our support page. Donations can be handled through PayPal or by credit card. You can also support CC by visiting our store.

CC always welcomes your feedback, which you can provide by emailing . You can also participate in CC’s email discussion lists and share feedback and ideas in one of those forums.

If you are a software developer, sysadmin, or have other technical expertise, please join our developer community and help build the tools that build the commons.

Finally, one of the best ways to support CC is by supporting our causes yourself. Follow our blog to find out about current issues where you can help get involved and spread the word, and advocate for free and open licensing in your own communities.

Why does Creative Commons run an annual fundraising campaign? What is the money used for and where does it go?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, with affiliates all over the world who help ensure our licenses work internationally and raise awareness about our work. Our tools are free, and our reach is wide.

In order to…

  • continue developing our licenses and public domain tools to make sure they are legally and technically up-to-date around the world,
  • help creators implement these tools on websites through best practices and individual assistance,
  • enable CC licensing on major content-sharing platforms,
  • enhance CC-licensed resource search and discovery,
  • advocate for CC licensing and open policies in education, science, and culture, and
  • myriad other activities we’re forgetting to mention, such as all the everyday boring but essential operations that go into running an organization

…we need $ to make it all happen! For more information, please take a look at our Annual Report.

Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. It is essential we have the public’s support because it is the creators and users of CC material who make our tools relevant in this digital age. They depend on the tools and services CC provides through their reuse and remix of the rich, open resources available on Wikipedia, Flickr, SoundCloud, Vimeo, Europeana, MIT OpenCourseWare, the Library of Science, Al Jazeera, and YouTube—just to name a few. Many of these people donate $10, $25, or $50 to CC, to help keep it up and running so we can continue to provide our tools and services for free, as a nonprofit organization. The more people who donate to CC, the more independent it will remain.

General License Information

What are Creative Commons licenses?

Creative Commons licenses provide an easy way to manage the copyright terms that attach automatically to all creative material under copyright. Our licenses allow that material to be shared and reused under terms that are flexible and legally sound. Creative Commons offers a core suite of six copyright licenses. Because there is no single “Creative Commons license,” it is important to identify which of the six licenses you are applying to your material, which of the six licenses has been applied to material that you intend to use, and in both cases the specific version.

All of our licenses require that users provide attribution (BY) to the creator when the material is used and shared. Some licensors choose the BY license, which requires attribution to the creator as the only condition to reuse of the material. The other five licenses combine BY with one or more of three additional license elements: NonCommercial (NC), which prohibits commercial use of the material; NoDerivatives (ND), which prohibits the sharing of adaptations of the material; and ShareAlike (SA), which requires adaptations of the material be released under the same license.

CC licenses may be applied to any type of work, including educational resources, music, photographs, databases, government and public sector information, and many other types of material. The only categories of works for which CC does not recommend its licenses are computer software and hardware. You should also not apply Creative Commons licenses to works that are no longer protected by copyright or are otherwise in the public domain. Instead, for those works in the worldwide public domain, we recommend that you mark them with the Public Domain Mark.

How do CC licenses operate?

CC licenses are operative only when applied to material in which a copyright exists, and even then only when a particular use would otherwise not be permitted by copyright. Note that the latest version of CC licenses also applies to rights similar to copyright, such as neighboring rights and sui generis database rights. Learn more about the scope of the licenses. This means that CC license terms and conditions are not triggered by uses permitted under any applicable exceptions and limitations to copyright, nor do license terms and conditions apply to elements of a licensed work that are in the public domain. This also means that CC licenses do not contractually impose restrictions on uses of a work where there is no underlying copyright. This feature (and others) distinguish CC licenses from some other open licenses like the ODbL and ODC-BY, both of which are intended to impose contractual conditions and restrictions on the reuse of databases in jurisdictions where there is no underlying copyright or sui generis database right.

All CC licenses are non-exclusive: creators and owners can enter into additional, different licensing arrangements for the same material at any time (often referred to as “dual-licensing” or “multi-licensing”). However, CC licenses are not revocable once granted unless there has been a breach, and even then the license is terminated only for the breaching licensee.

There are also videos and comics that offer visual descriptions of how CC licenses work.

Which is the latest version of the licenses offered by Creative Commons?

In November 2013, Creative Commons published the version 4.0 license suite. These licenses are the most up-to-date licenses offered by CC, and are recommended over all prior versions. You can see how the licenses have been improved over time on the license versions page. 4.0 has been drafted to be internationally valid, and will have official translations becoming available after publication.

No. By design, CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions. This is a fundamental principle of CC licensing.

Who gives permission to use material offered under Creative Commons licenses?

Our licenses and legal tools are intended for use by anyone who holds copyright in the material. This is often, but not always, the creator.

Creative Commons offers licenses and tools to the public free of charge and does not require that creators or other rights holders register with CC in order to apply a CC license to a work. This means that CC does not have special knowledge of who uses the licenses and for what purposes, nor does CC have a way to contact creators beyond means generally available to the public. CC has no authority to grant permission on behalf of those persons, nor does CC manage those rights on behalf of others.

If you would like to obtain additional permissions to use the work beyond those granted by the license that has been applied, or if you’re not sure if your intended use is permitted by the license, you should contact the rights holder.

Are Creative Commons licenses enforceable in a court of law?

Creative Commons licenses are drafted to be enforceable around the world, and have been enforced in court in various jurisdictions. To CC’s knowledge, the licenses have never been held unenforceable or invalid.

CC licenses contain a “severability” clause. This allows a court to eliminate any provision determined to be unenforceable, and enforce the remaining provisions of the license.

What happens if someone applies a Creative Commons license to my work without my knowledge or authorization?

CC alerts prospective licensors they need to have all necessary rights before applying a CC license to a work. If that is not the case and someone has marked your work with a CC license without your authorization, you should contact that person and tell them to remove the license from your work. You may also wish to contact a lawyer. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What are the international (“unported”) Creative Commons licenses, and why does CC offer “ported” licenses?

One of CC’s goals is ensuring that all of its legal tools work globally, so that anyone anywhere in the world can share their work on globally standard terms. To this end, CC offers a core suite of six international copyright licenses (formerly called the “unported”) that are drafted based largely on various international treaties governing copyright, taking into account as many jurisdiction-specific legal issues as possible. The latest version (4.0) has been drafted with particular attention to the needs of international enforceability.

For version 3.0 and earlier, Creative Commons has also offered ported versions of its six core licenses for many jurisdictions (which usually correspond to countries, but not always). These ported licenses are based on the international license suite but have been modified to reflect local nuances in the expression of legal terms and conditions, drafting protocols, and language. The ported licenses and the international licenses are all intended to be legally effective everywhere. CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

Can governments and intergovernmental organizations (“IGOs”) use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors’ overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the “machine readable” layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]”; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you’re uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC’s Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC’s legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC’s Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and running pilot programs that allow creators to use CC licenses in some circumstances.

If you are already a member of a collecting society and want to use CC licenses, you are welcome to encourage your collecting society to give you the option of Creative Commons licensing.

Can I still make money from a work I make available under a Creative Commons license?

Yes. One of our goals is to encourage creators and rights holders to experiment with new ways to promote and market their work. There are several possible ways of doing this.

CC’s NonCommercial (NC) licenses allow rights holders to maximize distribution while maintaining control of the commercialization of their works. If you want to reserve the right to commercialize your work, you may do this by choosing a license with the NC condition. If someone else wants to use your work commercially and you have applied an NC license to your work, they must first get your permission. As the rights holder, you may still sell your own work commercially.

You may also use funding models that do not depend on using an NC license. For example, many artists and creators use crowdfunding to fund their work before releasing it under a less restrictive license. Others use a “freemium” model where the basic content is free, but extras such as a physical printed version or special access to a members-only website are for paying customers only.

For more information and ideas, The Power of Open presents case studies of artists, businesspeople, and organizations who use CC.

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

No. CC licenses allow for flexibility in the way credit is provided depending on the medium, means, and context in which a licensee is redistributing licensed material. For example, providing attribution to the creator when using licensed material in a blog post may be different than doing so in a video remix. This flexibility facilitates compliance by licensees and reduces uncertainty about different types of reuse—minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded.

Can I change the license terms or conditions?

Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons” or “CC” license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials. Keep in mind that altering terms and conditions is distinct from waiving existing conditions or granting additional permissions than those in the licenses. Licensors may always do so, and many choose to do so using the CC+ protocol to readily signal the waiver or additional permission on the CC license deed.

CC does not assert copyright in the text of its licenses, so you are permitted to modify the text as long as you do not use the CC marks to describe it. However, we do not recommend this. We also advise against modifying our licenses through indirect means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other material. This would prevent licensees from using, combining, or remixing content under your customized license with other content under the same or compatible CC licenses.

Modifying licenses creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.

Can I waive license terms or conditions?

Yes. You may always choose to waive some license terms or conditions. Material licensed under a CC license but with additional permissions granted or conditions waived may be compatibly licensed with other material under the same license. Our CC+ protocol provides a mechanism for facilitating that grant or waiver.

Can I enter into separate or supplemental agreements with users of my work?

Yes. CC licenses are nonexclusive. Licensors always have the option of entering into separate arrangements for the sharing of their material in addition to applying a CC license. However, those different arrangements are not “CC” or “Creative Commons” licenses.

Separate agreements: You may offer the licensed material under other licenses in addition to the CC license (a practice commonly referred to as “dual licensing”). For example, you may wish to license a video game soundtrack under both a CC license and the GPL, so that it may be used under either set of terms. A reuser may then choose which set of terms to comply with. Or, for example, you may offer your material to the public under a NonCommercial license, but offer commercial permissions to fee-paying customers.

Supplemental agreements: Problems arise when licensors design those terms or arrangements to serve not as separate, alternative licensing arrangements but as supplemental terms having the effect of changing the standard terms within the CC license. While you may offer separate terms and conditions to other parties, you should not do so in such a way that would neutralize terms of the CC license.

Except in the limited situation where more permissions are being granted or license conditions are waived, if the additional arrangement modifies or conflicts with the CC license terms, then the resulting licensing arrangement is no longer a CC licensing arrangement. To avoid confusing those who may mistakenly believe the work is licensed under standard CC terms, we must insist that in these instances licensors not use our trademarks, names, and logos in connection with their custom licensing arrangement.

It should be noted that any agreements you make with other parties only have an effect on the other parties to that agreement, and do not apply to anyone else receiving the licensed material. For example, if there are terms of use that apply to visitors to your website on which you host CC-licensed material, your terms of use may apply to visitors to that website, but not to anyone who receives copies of the CC-licensed material elsewhere. Even for the visitors to your website, any separate terms and conditions do not become part of the license—they remain a separate contractual agreement, and violation of this agreement does not constitute copyright infringement.

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

A CC license terminates automatically when its conditions are violated. For example, if a reuser of CC-licensed material does not provide the attribution required when sharing the work, then the user no longer has the right to continue using the material and may be liable for copyright infringement. The license is terminated for the user who violated the license. However, all other users still have a valid license, so long as they are in compliance.

Under the 4.0 licenses, a licensee automatically gets these rights back if she fixes the violation within 30 days of discovering it.

If you apply a Creative Commons license and a user violates the license conditions, you may opt to contact the person directly to ask them to rectify the situation or consult a lawyer to act on your behalf. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

As long as users abide by license terms and conditions, licensors cannot control how the material is used. However, CC licenses do provide several mechanisms that allow licensors to choose not to be associated with their material or to uses of their material with which they disagree.

First, all CC licenses prohibit using the attribution requirement to suggest that the licensor endorses or supports a particular use. Second, licensors may waive the attribution requirement, choosing not to be identified as the licensor, if they wish. Third, if the licensor does not like how the material has been modified or used, CC licenses require that the licensee remove the attribution information upon request. (In 3.0 and earlier, this is only a requirement for adaptations and collections; in 4.0, this also applies to the unmodified work.) Finally, anyone modifying licensed material must indicate that the original has been modified. This ensures that changes made to the original material–whether or not the licensor approves of them–are not attributed back to the licensor.

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

The use of any effective technical protection measures (such as digital rights management or “DRM”) by licensees to prevent others from exercising the licensed rights is prohibited.

Not all kinds of encryption or access limitations are prohibited by the licenses. For example, sending content via email and encrypting it with the recipient’s public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a particular set of users (for example, by requiring a username and password to enter a site) does not restrict further use of the content by the recipients. In these examples, these things do not prevent the recipient from exercising all of the rights granted by the license, including the right to redistribute it further.

If someone is applying effective technological measures to your CC-licensed material that do restrict exercise of the licensed rights (such as applying DRM that restricts copying), this is a violation of the license terms unless you have chosen to grant this permission separately.

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

No. CC licenses grant permission to use the licensed material in any media or format regardless of the format in which it has been made available. This is true even if you have applied a NoDerivatives license to your work. Once a CC license is applied to a work in one format or medium, a licensee may use the same work in any other format or medium without violating the licensor’s copyright.

What if I change my mind about using a CC license?

CC licenses are not revocable. Once something has been published under a CC license, licensees may continue using it according to the license terms for the duration of applicable copyright and similar rights. As a licensor, you may stop distributing under the CC license at any time, but anyone who has access to a copy of the material may continue to redistribute it under the CC license terms. While you cannot revoke the license, CC licenses do provide a mechanism for licensors to ask that others using their material remove the attribution information. You should think carefully before choosing a Creative Commons license.

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

CC offers six core licenses, each of which grants a different set of permissions. Before you use CC-licensed material, you should review the terms of the particular license to be sure your anticipated use is permitted. If you wish to use the work in a manner that is not permitted by the license, you should contact the rights holder (often the creator) to get permission first, or look for an alternative work that is licensed in a way that permits your anticipated use. Note that if you use material in a way that is not permitted by the applicable license and your use is not otherwise permitted by an applicable copyright exception or limitation, the license is automatically terminated and you may be liable for copyright infringement, even if you are eligible to have your rights reinstated later.

Before using material offered under a Creative Commons license, you should know that CC licenses only grant permissions needed under copyright and similar rights, and there may be additional rights you need to use it as intended. You should also understand that licensors do not offer warranties or guarantees about the material they are licensing unless expressly indicated otherwise. All materials are licensed “AS IS” and a disclaimer of warranties applies unless expressly provided otherwise. If you want to ask for a warranty or guarantee about rights to use the material, you should talk with the licensor before using it.

Does a Creative Commons license give me all the rights I need to use the work?

It depends. CC licenses do not license rights other than copyright and similar rights (which include sui generis database rights in version 4.0). For example, they do not license trademark or patent rights, or the publicity, personality, and privacy rights of third parties. However, licensors agree to waive or not assert any moral rights, publicity rights, personality rights, or privacy rights they themselves hold, to the limited extent necessary to allow exercise of the licensed rights. Any rights outside of the scope of the license may require clearance (i.e., permission) in order to use the work as you would like.

Additionally, creative works sometimes incorporate works owned by others (known as “third party content”), often used pursuant to a CC license or under an exception or limitation to copyright such as fair use in the U.S. You should make sure you have permission to use any third party content contained in the work you want to use, or that your use is otherwise allowed under the laws of your jurisdiction, particularly in cases such as fair use where your right to use the content depends on the particular context in which you plan to use it.

All CC licenses contain a disclaimer of warranties, meaning that the licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work. You may wish to obtain legal advice before using CC-licensed material if you are not sure whether you have all the rights you need.

What if there are sui generis database rights that apply to my use of a CC-licensed database?

In the somewhat limited circumstances where sui generis database rights apply to your use, special conditions apply and there are more specific considerations you should be aware of. Under 4.0, sui generis database rights are licensed alongside copyright, but the treatment in earlier versions of the license varies. A fuller explanation of these variations and related considerations is available in the Data FAQ.

Where can I find material offered under a CC license?

If you are looking for material offered under a Creative Commons license, CC Search is a good starting point. There is also a directory of organizations and individuals who use CC licenses. Some media sites, such as Flickr, have search filters for material licensed using CC’s licenses.

Be sure to confirm that the material you want to use is actually under a CC license, as search results may sometimes be misleading.

Are Creative Commons works really free to use?

Yes. While many if not most CC-licensed works are available at no cost, some licensors charge for initial access to CC-licensed works—for example, by publishing CC-licensed content only to subscribers, or by charging for downloads. However, even if you have paid an access charge, once you have a copy of CC-licensed material, you may make any further uses permitted by the license without paying licensing fees.

(If you wish to make uses that are not permitted by the license—for example, making a commercial use of an NC-licensed photo—the licensor may charge for those additional rights.)

What should I know about differences between the international licenses and the ported licenses?

As a licensee, you should always read and understand the relevant license’s legal code before using CC-licensed material, particularly if you are using material that is licensed using a ported license with which you are unfamiliar. Our porting process involved adapting the international licenses to the legal framework of different jurisdictions, and in that process slight adjustments may have been made that you should make yourself aware of in advance of using the material. You can find more information about the ported licenses in the Jurisdiction Database.

There are currently no ported versions of 4.0, and we expect there will be few, if any, in the future. All official translations of the 4.0 international licenses are equivalent: you may substitute one for another depending on your preferred language.

However, the ported versions of 3.0 and earlier sometimes contain small differences from the international license depending on the ways in which they have been adapted to their jurisdictions. For example, a handful of the ported licenses contain provisions specifying which laws will apply in the event the licensor chooses to enforce the license, and a few of the ported licenses contain forum selection clauses.

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Contact the rights holders to ask for permission. Otherwise, unless an exception or limitation to copyright applies, your use of the material may violate the Creative Commons license. If you violate the terms of the license, your rights to use the material will be automatically terminated, and you may be liable for copyright infringement.

Do I always have to comply with the license terms? If not, what are the exceptions?

You need to comply with the license terms if what you are doing would otherwise require permission from the rights holder. If your use would not require permission from the rights holder because it falls under an exception or limitation, such as fair use, or because the material has come into the public domain, the license does not apply, and you do not need to comply with its terms and conditions. Additionally, if you are using an excerpt small enough to be uncopyrightable, the license does not apply to your use, and you do not need to comply with its terms.

However, if you are using excerpts of CC-licensed material which individually are minimal and do not require license compliance, but together make up a significant copyrightable chunk, you must comply with the license terms. For example, if you quote many individual lines from a poem across several sections of a blog post, and your use is not a fair use, you must comply with the license even though no individual line would have been a substantial enough portion of the work to require this.

Attribution

How do I properly attribute material offered under a Creative Commons license?

All CC licenses require users to attribute the creator of licensed material, unless the creator has waived that requirement, not supplied a name, or asked that her name be removed. Additionally, you must retain a copyright notice, a link to the license (or to the deed), a license notice, a notice about the disclaimer of warranties, and a URI if reasonable. For versions prior to 4.0, you must also provide the title of the work. (Though it is not a requirement in 4.0, it is still recommended if one is supplied.)

You must also indicate if you have modified the work—for example, if you have taken an excerpt, or cropped a photo. (For versions prior to 4.0, this is only required if you have created an adaptation by contributing your own creative material, but it is recommended even when not required.) It is not necessary to note trivial alterations, such as correcting a typo or changing a font size. Finally, you must retain an indication of previous modifications to the work.

CC licenses have a flexible attribution requirement, so there is not necessarily one correct way to provide attribution. The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner. Additionally, you may satisfy the attribution requirement by providing a link to a place where the attribution information may be found.

While the attribution requirements in the license are the minimum requirement, we always recommend that you follow the best practices for the kind of use you are making. For example, if you are using scientific data marked with CC0, you are not required to give attribution at all, but we recommend that you give the same credit you would give to any other source—not because the license requires it, but because that is the standard for letting others know the source of the data.

The CC website offers some best practices to help you attribute properly, and the CC Australia team has developed a helpful guide to attributing CC-licensed material (.pdf) in different formats. Note that the attribution and marking requirements vary slightly among license versions. See here for a chart comparing the specific requirements.

Do I need to be aware of anything else when providing attribution?

Yes. You need to be careful not to imply any sponsorship, endorsement, or connection with the licensor or attribution party without their permission. Wrongfully implying that a creator, publisher, or anyone else endorses you or your use of a work may be unlawful. Creative Commons makes the obligation not to imply endorsement explicit in its licenses. In addition, if the licensor of a work requests that you remove the identifying credit, you must do so to the extent practical.

Additionally, when you are using a work that is an adaptation of one or more pre-existing works, you may need to give credit to the creator(s) of the pre-existing work(s), in addition to giving credit to the creator of the adaptation.

Do I always have to attribute the creator of the licensed material?

You must attribute the creator when you provide material to the public by any means that is restricted by copyright or similar rights. If you are using the material personally but are not making it or any adaptations of it available to others, you do not have to attribute the licensor. Similarly, if you are only distributing the material or adaptations of it within your company or organization, you do not have to comply with the attribution requirement. Learn more about when compliance with the license is not required.

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such.

Can I take a CC-licensed work and use it in a different format?

Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.

This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work.

How do I know if a low-resolution photo and a high-resolution photo are the same work?

As with most copyright questions, it will depend on applicable law. Generally, to be different works under copyright law, there must be expressive or original choices made that make one work a separate and distinct work from another. The determination depends on the standards for copyright in the relevant jurisdiction.

Under U.S. copyright law, for example, mechanical reproduction of a work into a different format is unlikely to create a separate, new work. Consequently, digitally enhancing or changing the format of a work absent some originality, such as expressive choices made in the enhancement or encoding, will not likely create a separate work for copyright purposes. The creative bar is low, but it is not non-existent. Accordingly, in some jurisdictions releasing a photograph under a CC license will give the public permission to reuse the photograph in a different resolution.

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

The NoDerivs licenses (BY-ND and BY-NC-ND) prohibit reusers from creating adaptations. What constitutes an adaptation, otherwise known as a derivative work, varies slightly based on the law of the relevant jurisdiction.

Incorporating an unaltered excerpt from an ND-licensed work into a larger work only creates an adaptation if the larger work can be said to be built upon and derived from the work from which the excerpt was taken. Generally, no derivative work is made of the original from which the excerpt was taken when the excerpt is used to illuminate an idea or provide an example in another larger work. Instead, only the reproduction right of the original copyright holder is being exercised by person reusing the excerpt. All CC licenses grant the right to reproduce a CC-licensed work for noncommercial purposes (at a minimum). For example, a person could make copies of one chapter of an ND-licensed book and not be in violation of the license so long as other conditions of the license are met.

There are exceptions to that general rule, however, when the excerpts are combined with other material in a way that creates some new version of the original from which the excerpt is taken. For example, if a portion of a song was used as part of a new song, that may rise to the level of creating an adaptation of the original song, even though only a portion of it was used and even if that portion was used as-is.

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

No. When you receive material under a Creative Commons license, you may not place additional terms and conditions on the reuse of the work. This includes using effective technological measures (ETMs) that would restrict a licensee’s ability to exercise the licensed rights.

A technological measure is considered an ETM if circumventing it carries penalties under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements. Generally, this means that the anti-circumvention laws of various jurisdictions would cover attempts to break it.

For example, if you remix a CC-licensed song, and you wish to share it on a music site that places digital copy-restriction on all uploaded files, you may not do this without express permission from the licensor. However, if you upload that same file to your own site or any other site that does not apply DRM to the file, and a listener chooses to stream it through an app that applies DRM, you have not violated the license.

Note that merely converting material into a different format that is difficult to access or is only available for certain platforms does not violate the restriction; you may do this without violating the license terms.

Can I share CC-licensed material on password-protected sites?

Yes. This is not considered to be a prohibited measure, so long as the protection is merely limiting who may access the content, and does not restrict the authorized recipients from exercising the licensed rights. For example, you may post material under any CC license on a site restricted to members of a certain school, or to paying customers, but you may not place effective technological measures (including DRM) on the files that prevents them from sharing the material elsewhere.

(Note that charging for access may not be permitted with NC-licensed material; however, it is not disallowed by the restriction on ETMs.)

Can I share CC-licensed material on file-sharing networks?

Yes. All CC licenses allow redistribution of the unmodified material by any means, including distribution via file-sharing networks. Note that file-trading is expressly considered to be noncommercial for purposes of compliance with the NC licenses. Barter of NC-licensed material for other items of value is not permitted.

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

If you have received material under a CC license that is encumbered with effective technological measures (such as digital rights management or DRM), you may or may not be permitted to break it, depending on the circumstances. By releasing material under a CC license, the licensor agrees not to assert any rights she may have to prevent the circumvention of effective technological measures. (Under the 3.0 and earlier licenses, this is implied but not explicit.) However, if she has uploaded it to a site or other distribution channel that itself applies such measures, that site may have the right to prevent you from breaking them, even though the licensor herself cannot do so.

Note that anti-circumvention laws can impose criminal liability in some jurisdictions.

What if I have received CC-licensed material with additional restrictions?

It is possible that CC-licensed material will appear on platforms that impose terms in addition to the copyright license (though Creative Commons strongly discourages restrictions that interfere with exercise of the licensed rights). These additional terms do not form part of the license for the work. For example, if you download CC-licensed material from a site that does not permit downloading, you may be breaking the terms of use of the site, but you are not infringing the CC license. See our guide to Modifying the CC licenses for more guidance and information.

Combining and adapting CC material

When is my use considered an adaptation?

Whether a modification of licensed material is considered an adaptation for the purpose of CC licenses depends primarily on the applicable copyright law. Copyright law reserves to an original creator the right to create adaptations of the original work. CC licenses that allow for adaptations to be shared—all except BY-ND and BY-NC-ND—grant permission to others to create and redistribute adaptations when doing so would otherwise constitute a violation of applicable copyright law. Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable, such as a translation of a novel from one language to another, or the creation of a screenplay based on a novel.

Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation, whether or not it would be considered so under applicable law. Also, under version 4.0, certain uses of databases restricted by sui generis database rights also constitute adaptations (called “Adapted Material” in the 4.0 licenses), whether or not they would be considered adaptations under copyright law. For more details about adaptations in the database context, see the Data FAQ.

Note that all CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license.

Note on terminology: throughout these FAQs, we use the term “remix” interchangeably with “adapt.” Both are designed to mean doing something that constitutes an adaptation under copyright law.

Can I combine material under different Creative Commons licenses in my work?

It depends. The first question to ask is whether doing so constitutes an adaptation. If the combination does not create an adaptation, then you may combine any CC-licensed content so long as you provide attribution and comply with the NonCommercial restriction if it applies. If you want to combine material in a way that results in the creation of an adaptation (i.e. a “remix”), then you must pay attention to the particular license that applies to the content you want to combine.

The NoDerivatives licenses do not permit remixing except for private use (the pre-4.0 licenses do not permit remixing at all, except as allowed by exceptions and limitations to copyright). All the other CC licenses allow remixes, but may impose limitations or conditions on how the remix may be used. For example, if you create a remix with material licensed under a ShareAlike license, you need to make sure that all of the material contributed to the remix is licensed under the same license or one that CC has named as compatible, and you must properly credit all of the sources with the required attribution and license information. Similarly, if you want to use a remix for commercial purposes, you cannot incorporate material released under one of the NonCommercial licenses.

The chart below shows which CC-licensed material can be remixed. To use the chart, find a license on the left column and on the top right row. If there is a check mark in the box where that row and column intersect, then the works can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies. See below for details on how remixes may be licensed.

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If you make adaptations of material under a CC license (i.e. “remix”), the original CC license always applies to the material you are adapting even once adapted. The license you may choose for your own contribution (called your “adapter’s license”) depends on which license applies to the original material. Recipients of the adaptation must comply with both the CC license on the original and your adapter’s license.

  • BY and BY-NC material

When remixing BY or BY-NC material, it is generally recommended that your adapter’s license include at least the same license elements as the license applied to the original material. This eases reuse for downstream users because they are able to satisfy both licenses by complying with the adapter’s license. For example, if you adapt material licensed under BY-NC, your adapter’s license should also contain the NC restriction. See the chart below for more details.

  • BY-SA and BY-NC-SA material

In general, when remixing ShareAlike content, your adapter’s license must be the same license as the license on the material you are adapting. All licenses after version 1.0 also allow you to license your contributions under a later version of the same license, and some also allow ported licenses. (See the license versions page for details.) If you wish to adapt material under BY-SA or BY-NC-SA and release your contributions under a non-CC license, you should visit the Compatibility page to see which options are allowed.

  • BY-ND and BY-NC-ND material

The BY-ND and BY-NC-ND licenses do not permit distribution of adaptations (also known as remixes or derivative works), and prohibits the creation of adaptations under the pre-4.0 versions of those licenses. Since you may not share remixes of these materials at all, there is no compatibility with other licenses. (Note that the ND licenses do allow you to reproduce the material in unmodified form together with other material in a collection, as indicated in the next FAQ.)

  • Adapter’s license chart

The chart below details the CC license(s) you may use as your adapter’s license. When creating an adaptation of material under the license identified in the lefthand column, you may license your contributions to the adaptation under one of the licenses indicated on the top row if the corresponding box is green. CC does not recommend using a license if the corresponding box is yellow, although doing so is technically permitted by the terms of the license. If you do, you should take additional care to mark the adaptation as involving multiple copyrights under different terms so that downstream users are aware of their obligations to comply with the licenses from all rights holders. Dark gray boxes indicate those licenses that you may not use as your adapter’s license.

Adapter’s license chart Adapter’s license
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work PD              
BY              
BY-NC              
BY-NC-ND              
BY-NC-SA              
BY-ND              
BY-SA              
Abbreviation Key

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

All Creative Commons licenses (including the version 4.0 licenses) allow licensed material to be included in collections such as anthologies, encyclopedias, and broadcasts. You may choose a license for the collection, however this does not change the license applicable to the original material.

When you include CC-licensed content in a collection, you still must adhere to the license conditions governing your use of the material incorporated. For example, material under any of the Creative Commons NonCommercial licenses cannot be used commercially. The table below indicates what type of CC-licensed works you may incorporate into collections licensed for commercial and noncommercial uses.

Original Work Commercial Collection (BY, BY-SA, BY-ND) NonCommercial Collection (BY-NC, BY-NC-SA, BY-NC-ND)
PD    
BY    
BY-NC    
BY-NC-ND    
BY-NC-SA    
BY-ND    
BY-SA    

License termination

When do Creative Commons licenses expire?

Creative Commons licenses expire when the underlying copyright and similar rights expire.

Note that the relevant rights may expire at different times. For example, you may have a CC-licensed song where the rights in the musical arrangement expire before the rights in the lyrics. In this case, when the copyright in the music expires, you may use it without being required to comply with the conditions of the CC license; however, you must still comply with the license if you use the lyrics.

What happens if the author decides to revoke the CC license to material I am using?

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms. Of course, you may choose to respect the licensor’s wishes and stop using the work.

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

All of the CC licenses terminate if you fail to follow the license conditions. If this happens, you no longer have a license to use the material.

In the 4.0 licenses, your rights under the license are automatically reinstated if you correct this failure within 30 days of discovering the violation (either on your own or because the licensor or someone else has told you). Under the 3.0 and earlier licenses, there is no automatic reinstatement.

If you have lost your rights under a CC license and are not entitled to automatic reinstatement, you may regain your rights under the license if the licensor expressly grants you permission. You cannot simply re-download the material to get a new license.

Note that you may still be liable for damages for copyright infringement for the period where you were not in compliance with the license.

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

The Creative Commons licenses have three layers, as does the CC0 public domain dedication: the human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The Public Domain Mark is not legally operative, and so has only two layers: the human-readable mark and machine-readable metadata.

When material is licensed using any of the CC licenses or tools, it is highly recommended that a CC button, text, or other marker somehow accompany it. There are many possible modes for marking. For our licenses, people generally use the CC license chooser to generate HTML code that can be pasted into the webpage where the licensed material is published. CC0 and the Public Domain Mark have a separate chooser. Many platforms and web services such as Flickr and Drupal support CC licensing directly, allowing you to select an appropriate license. The service then properly marks the work for you.

CC has published some best practices for marking your CC-licensed material, and recommends:

  • Including a visual indicator (some combination of text and images) that the work is licensed with one of the CC licenses.
  • Clearly indicating what material is covered under the CC license, especially if it’s presented alongside non-licensed materials.
  • Including a link to the human-readable deed (which itself contains a link to the legal code).
  • Embedding machine-readable metadata in the code of the license indicator or code of the licensed page.

See the marking page for more details.

What does it mean that Creative Commons licenses are “machine-readable”?

Creative Commons has specified CC REL as a way to associate machine-readable licensing metadata with objects offered under CC licenses.

Before Creative Commons developed this vocabulary, it was difficult for a machine to ascertain whether an object was marked with a CC license. There was also no standard, predictable place to house metadata about that license (for example, the source URL of the work or the required mode of attribution).

Machine-readable metadata based on well-accepted metadata standards creates a platform upon which new services and applications can be built. Software and services can detect CC licenses and the details of that license, as described by the metadata. For example, on many websites and search engines such as Google and Flickr, you can run filtered searches for works offered under specific CC licenses. In addition, CC license deeds can automatically create copy-and-paste attribution code so users may easily comply with the BY condition of the licenses. When you click on a CC license or button from a page with license metadata, you get copy-and-paste attribution HTML within that license deed page. That HTML is based on available RDFa metadata in the original material.

All HTML provided by the CC license chooser is automatically annotated with metadata in RDFa format.

What is RDFa?

RDFa is a method for embedding structured data in a web page. For more information about RDFa, see the following resources:

What is CC REL and why does Creative Commons recommend it?

Creative Commons Rights Expression Language (CC REL) renders information about licenses and works machine-readable through standards that define the semantic web. Creative Commons wants to make it easy for creators and scientists to build upon the works of others when they choose; licensing your work for reuse and finding properly licensed works to reuse should be easy. CC recommends that you mark your licensed works with CC REL. The Creative Commons license chooser provides HTML annotated with CC REL, while the Creative Commons deeds recognize CC REL on web pages with works offered under a CC license, and use this metadata to enhance the deed for properly marked-up works, e.g., by providing copy and paste HTML that includes work attribution.

For more background information on CC REL, please refer to this paper.

What does it mean for a search engine to be CC-enabled?

Some search engines (like Google) allow people to filter their search results by usage rights so that you can limit your search results according to the particular CC license you seek. For example, if you are looking for a photo to adapt, you can filter your search to return photos that have a CC license that permits creation of adaptations. You can generally find this search feature on the advanced search page of your selected search engine. You can also use CC Search, which offers a convenient interface to search and a list of those content providers that support searches for content based on usage rights.

Please note, however, that you should always double check to make sure that the work you locate through a search is licensed as you wish.

How do I give users of my site the option to use CC licensing like Flickr does?

Creative Commons provides tools for integrating license selection with your site. You can find an overview at the Web Integration article on the CC wiki. The Partner Interface is a good way to get started and will always have the most up-to-date license versions and translations. However, there is also an API available if you want more control.

How can I change or remove the Creative Commons search option built into the Firefox browser?

Mozilla has included the Creative Commons search function in many versions of Firefox along with search options for Google, Amazon, and other popular sites. Please take a look at the Firefox article on the CC wiki for an explanation of how to change these features.

If you want to add or remove a particular search option, click on the logo in the search box (for example, the CC logo or the Google logo). This will open the pull down menu, which will allow you to select different search providers. If you choose “Manage Search Engines,” you will be able to add or remove search engines. You can also alter the order in which the search providers appear on the pull down menu.

Is Creative Commons involved in digital rights management (DRM)?

No. CC licenses are a form of rights expression, not rights management. CC provides tools to make it easier for creators and owners to say which rights they reserve and permissions they grant. This is different from digital rights management (or “DRM”), which uses technological protection measures to prevent people from using the work in a way that the owner has not permitted.

CC licenses contain language prohibiting licensees from the use of effective technological measures (including DRM) to prevent access to licensed material: ”You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any such recipient.”

While licensors may apply effective technological measures (ETMs) to their own materials, the licensor provides a limited permission to circumvent these measures: “The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures.” Note that this only applies to effective technological measures applied by licensors themselves: third parties such as distribution platforms may still apply ETMs if the licensor uploads there, and the license is not able to grant you permission to circumvent it.

Copyright law grants exclusive rights to creators of original works of authorship. National laws usually extend protections to such works automatically once fixed in a tangible medium, prohibiting the making of copies without the rights holder’s permission, among other things. On the internet, even the most basic activities involve making copies of copyrighted content. As content is increasingly uploaded, downloaded, and shared online, copyright law is becoming more relevant to more people than it was 20 years ago. Unfortunately, infringing copyrights—even unintentionally or unknowingly—can lead to liability. Successful navigation of the internet requires some understanding of copyright law.

What is the public domain?

The public domain of copyright refers to the aggregate of those works that are not restricted by copyright within a given jurisdiction. A work may be part of the public domain because the applicable term of copyright has expired, because the rights holder surrendered copyright in the work with a tool like CC0, or because the work did not meet the applicable standards for copyrightability.

Because the public domain depends on the copyright laws in force within a particular territory, sometimes a work may be considered “in the public domain” of one jurisdiction, but not in another. For example, U.S. government works are automatically in the public domain under U.S. copyright law, but might be restricted by copyright in other countries.

The Public Domain Manifesto, the University Libraries page, and the CC0 FAQs all contain additional information about the public domain.

Copyright in most jurisdictions attaches automatically without need for any formality once a creative work is fixed in tangible form (i.e. the minute you put pen to paper, take a photo, or hit the “save” button on your computer).

In some jurisdictions, creators may be required to register with a national agency in order to enforce copyright in court. If you would like more information, please consult the Berne Convention or your jurisdiction’s copyright law.

Although you do not have to apply a copyright notice for your work to be protected, it may be a useful tool to clearly signal to people that the work is yours. It also tells the public who to contact about the work.

What is an adaptation?

An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.

In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter’s personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil’s copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction’s copyright law for more information.

What are moral rights?

Copyright laws in many jurisdictions around the world grant creators “moral rights” in addition to the economic or commercial right to exploit their creative works. Moral rights protect the personal and reputational value of a work for its creator. Moral rights differ by country, and can include the right of attribution, the right to have a work published anonymously or pseudonymously, and/or the right to the integrity of the work. The moral right of integrity may provide creators with a source for redress if an adaptation represents derogatory treatment of their work, typically defined as “distortion or mutilation” of the work or treatment that is “prejudicial to the honor, or reputation of the author.” Not all jurisdictions provide for moral rights.

The CC licenses are intended to minimize the effect of moral rights on a licensee’s ability to use licensed material; however, in some jurisdictions, these rights may still have an effect. CC offers some additional information on how CC licenses may affect your moral rights.

What are neighboring rights?

Copyright provides an incentive to create works by providing exclusive rights to creators. However, the distribution or exploitation of a work often involves more than just the creator. For example, if someone writes a song, someone else may perform the song, and another may produce the recording of the song. Some jurisdictions extend copyright to the contributions made by these persons; other jurisdictions extend such exclusive rights in the form of neighboring rights. Neighboring rights may include performers’ rights or broadcasters’ rights, among others. The Rome Convention sets forth some guidelines on the scope of neighboring rights. Not all jurisdictions recognize neighboring rights.

What are sui generis database rights?

Sui generis database rights grant qualifying database makers the right to prohibit the extraction and reuse of a substantial portion of a database. The rights are granted to database makers that make a substantial investment of time and resources to create the database. Sui generis database rights are primarily enacted within the European Union and a handful of other jurisdictions.

What are collecting societies?

Collecting societies are copyright management organizations. Some examples of collecting societies include ASCAP and BMI (United States), BUMA/STEMRA (Netherlands), PRS (United Kingdom), and APRA (Australia). These societies license works on behalf of their owners and process royalty payments from parties using the copyrighted works.

CC offers additional information on how collecting societies might affect your rights and your ability to apply CC licenses to your work. CC has several pilots underway with collecting societies that have chosen to allow their members to use CC licenses on a limited basis.

What are publicity, personality, and privacy rights?

These terms are used differently in different jurisdictions. Generally speaking, these rights allow individuals to control the use of their voice, image, likeness, or other identifiable aspect of their identity, especially for purposes of commercial exploitation. Similarly, in some jurisdictions these rights allow people to restrict others’ ability to publish information about them without their permission. Whether and to what extent these rights exist, and if so, how they are labeled, varies depending on the jurisdiction.

Creative Commons licenses have a limited effect on these rights where the licensor holds them. Where the licensor has publicity, personality, or privacy rights that may affect your ability to use the material as the license intends, the licensor agrees to waive or not assert those rights. However, any such rights not held by the licensor are not affected and may still affect your desired use of a licensed work. If you have created a work or wish to use a work that might in some way implicate these rights, you may need to obtain permission from the individuals whose rights may be affected.

Data

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

: Uses of CC Licenses with Data and Databases : Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker’s investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [marking page]https://wiki.creativecommons.org/wiki/Marking_your_work_with_a_CC_license “wikilink”) for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights–but not copyright–are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.1 These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker’s substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Artificial intelligence and CC licenses

What are the limits on how CC-licensed works can be used in the development of new technologies, such as training of artificial intelligence software?

The licenses grant permission for reuse in any situation that requires permission under copyright. There are many ways in which CC-licensed work works and even all rights reserved works can be reused without permission. This includes uses that are fair uses, for example.

If someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected. This is one of the enduring qualities of our licenses — they have been carefully designed to work with all new technologies where copyright comes into play. No special or explicit permission regarding new technologies from a copyright perspective is required.

But what about privacy laws, rules governing ethical research, and data protection laws?

CC’s copyright licenses are not universal policy tools. Copyright is the primary obstacle to reuse that our licenses solve, but there are many other issues related to the reuse of content that our licenses do not address and that reusers should be aware of. These can include privacy and rules governing ethical research and the collection or use of data, which have to be addressed and respected separate and apart from the copyright issues that CC licenses cover.

What attribution obligations exist when CC-licensed images are included in a published dataset? Is linking to the original image or URI required, and if so, is it adequate?

It depends. First, keep in mind that CC licenses never limit uses that copyright doesn’t control. For example, as a general matter text and data mining in the United States is considered a fair use and does not require permission under copyright. This means that reusers engaged in text and data mining do not have to adhere to the marking and attribution requirements in our licenses for that activity even though we strongly recommend they do so anyway. A second example is linking. In some countries, linking to copyrighted content doesn’t require permission under copyright law, which means the CC license obligations do not come into play even though the linked content is CC-licensed.

Where a CC-licensed work is distributed as part of a database or dataset, and assuming copyright (or in the European Union, copyright or sui generis database rights) is triggered, then the license conditions must be respected. This means providing the required attribution information in a way that is reasonable under the circumstances. Our licenses allow for some flexibility, and in some cases that may be as simple as providing a link to the website where the relevant attribution information is provided. Visit our marking practices page for more information.

If a for-profit company uses CC-licensed content under a Non Commercial license and releases the work under terms that allow only research purposes, is the NC restriction violated?

This depends on whether any of the uses made of the works by the company, whether for profit or non profit, are primarily intended for commercial advantage or monetary compensation. This is hard to know without having all of the facts about how a work was used, whether internally by the company for its own purposes or how the work was distributed for further use. Visit our NC page for more information about what constitutes commercial and non commercial uses of works.

If NC-licensed content is redistributed to the public under an NC license, that distribution would not violate the NC clause. (Note that CC strongly discourages the use of any license terms other than a CC NC license for redistributions of NC-licensed content.)

If CC SA-licensed content is included in a database, does the entire database have to be licensed under an SA license?

CC licenses never require a reuser of a CC-licensed work to make the original work or resulting works (collections, derivatives, etc.) publicly available. There are lots of private reuses of works that are permitted by CC’s licenses that do not require compliance with their terms. Regarding ShareAlike, the condition only applies if a work is modified and if the work is shared publicly. In the situation where a reuser created a dataset of photos and made it publicly available, and assuming copyright permission is required, then what is released is likely a collection or compilation of pre-existing works. CC licenses do not require the collection or the compilation itself to be made available under an SA license, even though each individual work is still licensed individually under an SA license and if they were modified by the distributor the modified photo would need to be licensed under the same terms. For example, were Creative Commons to compile photographs from a photo sharing website under a BY-SA 2.0 license and create a database that it then publicly distributed, CC could license the collection as a whole under a BY license, but the photographs would continue to be licensed under BY-SA 2.0.

What, if any, remedies, do users have if they dislike how their photos or images have been reused?

Several remedies are potentially available. Some may be available if the CC license terms have been violated, and others may be available through other, separate avenues because they involve other laws or regulations that the CC licenses do not cover. It’s important to remember, however, that absent a violation of the license the permissions granted under the license remain in place and cannot be revoked.

  • Under the CC licenses, even if a license condition has not been violated licensors can ask that attribution to them be removed so they can distance themselves from the reuse.
  • For violations of a CC license term where the license was required (not a fair use, etc.) then you may have a claim for copyright infringement. Fortunately, in the CC community most license violations are handled amicably without resorting to the courts.
  • For claims involving laws and regulations other than copyright, recourse may be available depending on your local laws.

An important starting point for any would-be sharer of content under a CC license is to educate yourself in advance about how they work and what rights they do and do not cover. We have many FAQs on our website. We also provide human-readable deeds with links to the full text of our licenses. Additionally, all of our licenses highlight at the beginning many considerations that licensors should have in mind before they license, and considerations for reusers of works before they do so in order to avoid inadvertent violations.

Notes

  1. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).↩

#####EOF##### Use and Fair Use: Statement on shared images in facial recognition AI - Creative Commons
Creative Commons > Blog > Legal tools / licenses > Use and Fair Use: Statement on shared images in facial recognition AI

Use and Fair Use: Statement on shared images in facial recognition AI

Yesterday, NBC News published a story about IBM’s work on improving diversity in facial recognition technology and the dataset that they gathered to further this work.

Ryan Merkley

March 13, 2019

Yesterday, NBC News published a story about IBM’s work on improving diversity in facial recognition technology and the dataset that they gathered to further this work. The dataset includes links to one million photos from Flickr, many or all of which were apparently shared under a Creative Commons license. Some Flickr users were dismayed to learn that IBM had used their photos to train the AI, and had questions about the ethics, privacy implications, and fair use of such a dataset being used for algorithmic training. We are reaching out to IBM to understand their use of the images, and to share the concerns of our community.

CC is dedicated to facilitating greater openness for the common good. In general, we believe that the use of publicly available data on the Internet has led to greater innovation, collaboration, and creativity. But there are also real concerns that data can be used for negative activities or negative outcomes.

While we do not have all the facts regarding the IBM dataset, we are aware that fair use allows all types of content to be used freely, and that all types of content are collected and used every day to train and develop AI. CC licenses were designed to address a specific constraint, which they do very well: unlocking restrictive copyright. But copyright is not a good tool to protect individual privacy, to address research ethics in AI development, or to regulate the use of surveillance tools employed online. Those issues rightly belong in the public policy space, and good solutions will consider both the law and the community norms of CC licenses and content shared online in general.

I hope we will use this moment to build on the important principles and values of sharing, and engage in discussion with those using our content in objectionable ways, and to speak out on and help shape positive outcomes on the important issues of privacy, surveillance, and AI that impact the sharing of works on the web.

We are taking this opportunity to speak to this particular type of reuse – improving artificial intelligence tools designed for facial recognition through the reuse of content found on the web (not just CC-licensed content) – to help clarify how the licenses work in this context. We have published new FAQs here that we will continue to update.

If you have comments or questions, please write CC at info@creativecommons.org. We will also be creating other opportunities to engage in public discussion in the coming weeks and months. We look forward to joining these discussions as we look for ways to resolve ethical public policy issues around data, AI, and machine learning as a community.

Category:Legal tools / licenses

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#####EOF##### Policy / advocacy / copyright reform - Creative Commons
Creative Commons > What we do > Program areas > Policy / advocacy / copyright reform

Policy / advocacy / copyright reform

Open Licensing Policy

The adoption of Creative Commons licenses and public domain tools is beneficial to society as a whole. Open licensing helps public institutions better meet their missions of disseminating digital resources and data, breaking down the typical barriers associated with traditional copyright by granting broad permissions in advance. The integration of Creative Commons licensing and publicly funded education, research, and data clearly communicates to the users served by these policies the conditions of reuse. There’s a huge potential to drastically increase the impact of public funding through the adoption of open licenses.

Creative Commons licenses are being integrated and incorporated into public, foundation, and institutional policies around the globe. For example, government agencies are requiring that publicly funded education and research resources be released under Creative Commons licenses. Multiple philanthropic foundations are adopting open licenses and intellectual property policies to expand the reach of their charitable investments. Both government and foundation open policies require (as a condition of funding) their grantees to openly license what they build and revise with grant funds. Cities are sharing useful health, traffic, weather, and crime data under open licenses to increase transparency and re-use of data for the public benefit. And intergovernmental organizations are using open licenses to share cultural heritage materials, reports, educational resources, research, and data with the world.

Copyright Reform

While Creative Commons continues it outreach and advocacy on open licensing policy adoption, we have always known that voluntary licensing schemes will never be a comprehensive solution for access to and reuse of knowledge and creativity around the world. For this reason, we believe that fundamental law and regulatory reform is needed, regardless of the success of the CC licenses and their utility in promoting a more equal, just, and fair society.

The Creative Commons global network is involved in education and action to promote progressive changes to copyright that will benefit users and the public interest. This work is represented in our organizational strategy, and aligned with our vision and mission.We respond to requests for comments on public policy issues related to copyright and intellectual property, and we’re involved in a variety of working groups and projects that aim to integrate open licensing and public domain tools into policy and practice. We are actively involved in advocacy to support positive legal and regulatory changes—from Europe to Asia to Latin America— and even at international fora such as WIPO.

 

 

Policy Projects

Open Policy Network

The Open Policy Network (OPN) fosters the creation, adoption and implementation of open policies and practices that advance the public good by supporting advocates, organizations, and policy makers with information and expertise, and connecting policy opportunities with those who can provide assistance. Over the last several years, Creative Commons and related organizations have been contacted by many institutions and governments seeking assistance on how to implement open licensing and develop materials and strategies for open policies. By "open policies," we mean policies whereby publicly funded resources are developed and released as openly licensed resources. There is a pressing need to provide support to policymakers so they can successfully create, adopt, and implement open policies.

Institute for Open Leadership

The Institute for Open Leadership (IOL) trains new leaders interested in openness and policy with the passion and potential to make a high impact at their institution through the adoption of open policy. The IOL selects twenty applicants per year–through a competitive application process–to participate in an intensive weeklong training session with leading experts in open fields. Each participant will develop an outcomes-based plan for a capstone open policy project, and report on progress within one year. Through training and the project period, participants will develop the skills, relationships, and motivation to become leaders for openness in their institutions and fields.

Community Engagement and Advocacy

We work in providing outreach, education, and advocacy for open licensing and open policy across a variety of disciplines, including areas such as public sector information/open data, open access to scholarly research, open educational resources, galleries, libraries, archives, museums (GLAMs), and philanthropic foundations. We have observer status at the World Intellectual Property Organization and provide interventions there on relevant topics. We participate in working groups on these and related topics, such as the Legal Aspects of Public Sector Information (LAPSI), the International Communia Association, and the SPARC Open Access Working Group. We also advocate for copyright reform in areas that align with our mission.

Get involved

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#####EOF##### Contact - Creative Commons
Creative Commons > What we do > Contact

Contact

Many questions are answered in our FAQ and you can find out more about our global affiliate network here. If you are unable to find your answer via our FAQ or website please be in touch regarding our website, general information or press at: info@creativecommons.org.

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Mailing Address and phone number

Please note: we are a distributed team working all over the world. We don’t have an office, but if you need to mail us correspondence, please send it to:

Creative Commons
PO Box 1866
Mountain View, CA 94042
USA

Or if you would like to mail us a donation, please send it to this address instead:

Creative Commons Corporation
P. O. Box 741107
Los Angeles, CA 90074-1107

Our phone number is:

+1415-429-6753

The best way to contact us is to write to info@creativecommons.org.

Reporting bugs and problems with a Creative Commons website, license, wiki or project webpage

You can write to us using the form above, or you can file an issue on GitHub.

 

Get Involved

There are numerous ways to connect with CC. Learn more

Copyright infringement notifications

If you have reason to believe that any material or activity on a site controlled or operated by Creative Commons (such as creativecommons.org or wiki.creativecommons.org is infringing of the right(s) owned by you or someone else, for whom you have authority to act, please follow our DMCA Notice & Takedown Procedure.

Complaints about financial impropriety and other misconduct

As a nonprofit entity, the integrity of CC’s financial information is paramount. We have adopted Codes of Conduct that prohibit financial impropriety and protect whistle blowers who bring such irregularities to our attention. Additionally, we take seriously other misconduct that may involve the violation of our policies including, but not limited to, harassment.

If you are aware of any conduct prohibited by law or by our policies, you are encouraged to make a complaint, anonymously if you wish, to the members of the company’s Audit Committee. The email address for such complaints is audit@creativecommons.org which will forward your message automatically to the members of the Audit Committee. The Committee members are identified on our Board page. You may also submit a complaint by post or fax to the attention of “Audit Committee” at our Mountain View address.

Creative Commons is a Massachusetts-chartered 501(c)(3) tax-exempt charitable corporation. For more information, see the corporate charter, by-laws, most recent tax return and most recent audited financial statement.

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#####EOF##### Creative Commons — Attribution-NonCommercial-NoDerivatives 4.0 International — CC BY-NC-ND 4.0
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Creative Commons License Deed

Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0)

This is a human-readable summary of (and not a substitute for) the license. Disclaimer.

You are free to:

  • The licensor cannot revoke these freedoms as long as you follow the license terms.

Under the following terms:

  • No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.

Notices:

  • You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.
  • No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
#####EOF##### Downloads - Creative Commons
Creative Commons > What we do > Downloads

Downloads

The following SVG, EPS, and PNG files should be used for print publications. Please see our policies page for more information about how our logos may be used. CC logos and trademarks should always be downloaded from this page to ensure high quality. Downloads from other sites may not conform to our standards and may result in improper display or use of our protected logos and trademarks.

The SVG and EPS vector files are recommended for use in print materials — The standard screen resolution files will appear blurry or jagged if used in print. There are links to large format, high quality PNG versions of each graphic for web, print, presentations, and video.

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BY NC SAby-nc-sasvgepspng
BY NC SA EUby-nc-sasvgeps png
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Icons

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Physical Media

(all in PDF unless otherwise noted)

Six licenses for sharing your work – Simple, quick introduction to Creative Commons licenses. Also available as a folded brochure.

Guide to using public domain tools – Simple, quick introduction to Creative Commons’ public domain tools. Also available as a folded brochure.

Three Layers of License (png). Also available in greyscale. (copyright 2011, Creative Commons, Nathan Yergler, Alex Roberts. Licensed to the public under CC BY 3.0 Unported.)

What is Creative Commons? (Mirror on scribd.com) – Short introduction, designed for half-page double-sided printed flyers.

What is Creative Commons? (Mirror on scribd.com) – Full introduction designed for full page printouts.

What is Creative Commons? poster (Mirror on scribd.com) – Large format poster.

How To License poster (Mirror on scribd.com, Inkscape SVG source files) – Large format poster explaining our six licenses.

Licensing and Marking Your Content (pdf) (Mirror on scribd.com) – Full page printout with information about marking CC content.

Sharing Creative Works Comics (Mirror on scribd.com, Inkscape SVG source files) – A general introduction to copyright and CC licensing.

Encouraging the Ecology of Creativity (pdf) (Mirror on scribd.com) – A background on the history and ideology of Creative Commons.

Videos

Creative Commons Video Bumpers
We made these with graphic designer/illustrator Ryan Junell. Feel free to use them in your videos about Creative Commons, or to mark your videos with the CC license or public domain tool of your choice.

Color

Our print colors are as follows:

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Full color palette, and application swatch files.

*The building blocks icon used to represent “to remix” is derived from the FreeCulture.org logo. Thanks to FC.o, an international student movement for free culture!

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#####EOF##### #####EOF##### Public domain - Creative Commons
Creative Commons > Share your work > Public domain

Public domain

Our licenses help authors keep and manage their copyright on terms they choose. Our public domain tools, on the other hand, enable authors and copyright owners who want to dedicate their works to the worldwide public domain to do so, and facilitate the labeling and discovery of works that are already free of known copyright restrictions.

CC0

Use this universal tool if you are a holder of copyright or database rights, and you wish to waive all your interests that may exist in your work worldwide. Because copyright laws differ around the world, you may use this tool even though you may not have copyright in your jurisdiction, but want to be sure to eliminate any copyrights you may have in other jurisdictions.

Public Domain Mark

Use this tool if you have identified a work that is free of known copyright restrictions. Creative Commons does not recommend this tool for works that are restricted by copyright laws in one or more jurisdictions.

#####EOF##### Global Network Charter - Creative Commons
Creative Commons > What we do > Global Affiliate Network > Global Network Charter

Global Network Charter

The Charter is an agreement between an individual person or an institution, in the Creative Commons Global Network, have with all of the other Members and Institutional Members of the Creative Commons network and Creative Commons.

This Charter includes the list of values we share, the principles that guide our work and mutual responsibilities. It also identifies policies with which all Members and others, if acting in the name of Creative Commons (when allowed) or a participant in a Chapter or elsewhere in our network in any capacity, must adhere in order to safeguard the reputation of Creative Commons and the coordination of activities in the course of pursuing our shared mission and objectives.

Download as a PDF: Global_Network_Membership_Charter.pdf (07.11.2017 Public Version)

Important Note: Unofficial translations of this Charter and other network-related governance documents may be provided in other languages. In the event of conflict between any unofficial translation and the original English language version, the English language version shall control.

#####EOF##### Creative Commons — Attribuzione - Condividi allo stesso modo 3.0 Unported — CC BY-SA 3.0
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Creative Commons License Deed

Attribuzione - Condividi allo stesso modo 3.0 Unported (CC BY-SA 3.0)

Questo è un riassunto in linguaggio accessibile a tutti (e non un sostituto) della licenza. Limitazione di responsabilità.

Tu sei libero di:

  • Modificare — remixare, trasformare il materiale e basarti su di esso per le tue opere
  • per qualsiasi fine, anche commerciale.
  • Il licenziante non può revocare questi diritti fintanto che tu rispetti i termini della licenza.

Alle seguenti condizioni:

  • Divieto di restrizioni aggiuntive — Non puoi applicare termini legali o misure tecnologiche che impongano ad altri soggetti dei vincoli giuridici su quanto la licenza consente loro di fare.

Note:

  • Non sei tenuto a rispettare i termini della licenza per quelle componenti del materiale che siano in pubblico dominio o nei casi in cui il tuo utilizzo sia consentito da una eccezione o limitazione prevista dalla legge.
  • Non sono fornite garanzie. La licenza può non conferirti tutte le autorizzazioni necessarie per l'utilizzo che ti prefiggi. Ad esempio, diritti di terzi come i diritti all'immagine, alla riservatezza e i diritti morali potrebbero restringere gli usi che ti prefiggi sul materiale.
#####EOF##### Frequently Asked Questions - Creative Commons
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Frequently Asked Questions

2019-04-02 14:07:11 UTC

These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information.

  • Other CC FAQs: CC0 Public Domain Dedication and Public Domain Mark.
  • “Licensor”, “rights holder”, “owner”, and “creator” may be used interchangeably to refer to the person or entity applying a CC license.
  • Information about the licenses is primarily made with reference to the 4.0 suite, but earlier license versions are mentioned where they differ.
  • Have a question that isn’t answered here? Contact info@creativecommons.org.

Creative Commons does not provide legal advice. This FAQ is for informational purposes and is not a substitute for legal advice. It may not cover important issues that affect you. You should consult with your own lawyer if you have questions.

About CC

What is Creative Commons and what do you do?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. Our legal tools help those who want to encourage reuse of their works by offering them for use under generous, standardized terms; those who want to make creative uses of works; and those who want to benefit from this symbiosis. Our vision is to help others realize the full potential of the internet. CC has affiliates all over the world who help ensure our licenses work internationally and who raise awareness of our work.

Although Creative Commons is best known for its licenses, our work extends beyond just providing copyright licenses. CC offers other legal and technical tools that also facilitate sharing and discovery of creative works, such as CC0, a public domain dedication for rights holders who wish to put their work into the public domain before the expiration of copyright, and the Public Domain Mark, a tool for marking a work that is in the worldwide public domain. Creative Commons licenses and tools were designed specifically to work with the web, which makes content that is offered under their terms easy to search for, discover, and use.

For more information about CC, our main website contains in-depth information about the organization, its staff and board of directors, its history, and its supporters. You can also read CC case studies to learn about some of the inspiring ways CC licenses and tools have been used to share works and support innovative business models. You can find regularly updated information about CC by visiting the blog.

Absolutely not. CC has responded to claims to the contrary. CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

That said, Creative Commons recognizes the need for change in copyright law, and many members of the Creative Commons community are active participants in the copyright reform movement. For more information, see our statement in support of copyright reform.

What does “Some Rights Reserved” mean?

Copyright grants to creators a bundle of exclusive rights over their creative works, which generally include, at a minimum, the right to reproduce, distribute, display, and make adaptations. The phrase “All Rights Reserved” is often used by owners to indicate that they reserve all of the rights granted to them under the law. When copyright expires, the work enters the public domain, and the rights holder can no longer stop others from engaging in those activities under copyright, with the exception of moral rights reserved to creators in some jurisdictions. Creative Commons licenses offer creators a spectrum of choices between retaining all rights and relinquishing all rights (public domain), an approach we call “Some Rights Reserved.”

No. Creative Commons is not a law firm and does not provide legal advice or legal services. CC is similar to a self-help service that offers free, form-based legal documents for others to use. These FAQ answers many of the most common questions. There is also specialized information available on the following pages:

While CC does provide this informational guidance about its licenses and other tools, this information may not apply to your particular situation, and should never be taken as legal advice.

If you’re looking for legal advice about using CC licenses and other tools, we recommend contacting the Creative Commons affiliate in your jurisdiction. CC affiliates are highly connected to the communities of copyright lawyers in their countries. We also offer a list of lawyers and organizations who have identified themselves as willing to provide information to others about CC licensing issues. However, please note that CC does not provide referral services, and does not endorse or recommend any person on that list.

Does Creative Commons collect or track material licensed under a CC license?

No, CC does not collect content or track licensed material. However, CC builds technical tools that help the public search for and use works licensed under our licenses and other legal tools, and many others have built such tools as well. CC Search is one tool developed by CC to help the public discover works offered under Creative Commons licenses on the internet via CC-aware search engines and repositories.

What do the Creative Commons buttons do?

The CC buttons are a shorthand way to convey the basic permissions associated with material offered under CC licenses. Creators and owners who apply CC licenses to their material can download and apply those buttons to communicate to users the permissions granted in advance. When the material is offered online, the buttons should usually link out to the human-readable license deeds (which, in turn, link to the license itself).

May I use the Creative Commons logo and buttons?

You may download high resolution versions of the Creative Commons logos and use them in connection with your work or your website, provided you comply with our policies. Among other things, if you use the logos on a website or on your work, you may not alter the logos in any respect—such as by changing the font, the proportions, or the colors. CC’s buttons, name, and corporate logo (the “CC” in a circle) are trademarks of Creative Commons. You cannot use them in ways not permitted by our policies unless you first receive express, written permission. This means, for example, that you cannot (without our permission) print your own buttons and t-shirts using CC logos, although you can purchase them in CC’s store.

I love Creative Commons. How can I help?

Please support CC by making a donation through our support page. Donations can be handled through PayPal or by credit card. You can also support CC by visiting our store.

CC always welcomes your feedback, which you can provide by emailing . You can also participate in CC’s email discussion lists and share feedback and ideas in one of those forums.

If you are a software developer, sysadmin, or have other technical expertise, please join our developer community and help build the tools that build the commons.

Finally, one of the best ways to support CC is by supporting our causes yourself. Follow our blog to find out about current issues where you can help get involved and spread the word, and advocate for free and open licensing in your own communities.

Why does Creative Commons run an annual fundraising campaign? What is the money used for and where does it go?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, with affiliates all over the world who help ensure our licenses work internationally and raise awareness about our work. Our tools are free, and our reach is wide.

In order to…

  • continue developing our licenses and public domain tools to make sure they are legally and technically up-to-date around the world,
  • help creators implement these tools on websites through best practices and individual assistance,
  • enable CC licensing on major content-sharing platforms,
  • enhance CC-licensed resource search and discovery,
  • advocate for CC licensing and open policies in education, science, and culture, and
  • myriad other activities we’re forgetting to mention, such as all the everyday boring but essential operations that go into running an organization

…we need $ to make it all happen! For more information, please take a look at our Annual Report.

Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. It is essential we have the public’s support because it is the creators and users of CC material who make our tools relevant in this digital age. They depend on the tools and services CC provides through their reuse and remix of the rich, open resources available on Wikipedia, Flickr, SoundCloud, Vimeo, Europeana, MIT OpenCourseWare, the Library of Science, Al Jazeera, and YouTube—just to name a few. Many of these people donate $10, $25, or $50 to CC, to help keep it up and running so we can continue to provide our tools and services for free, as a nonprofit organization. The more people who donate to CC, the more independent it will remain.

General License Information

What are Creative Commons licenses?

Creative Commons licenses provide an easy way to manage the copyright terms that attach automatically to all creative material under copyright. Our licenses allow that material to be shared and reused under terms that are flexible and legally sound. Creative Commons offers a core suite of six copyright licenses. Because there is no single “Creative Commons license,” it is important to identify which of the six licenses you are applying to your material, which of the six licenses has been applied to material that you intend to use, and in both cases the specific version.

All of our licenses require that users provide attribution (BY) to the creator when the material is used and shared. Some licensors choose the BY license, which requires attribution to the creator as the only condition to reuse of the material. The other five licenses combine BY with one or more of three additional license elements: NonCommercial (NC), which prohibits commercial use of the material; NoDerivatives (ND), which prohibits the sharing of adaptations of the material; and ShareAlike (SA), which requires adaptations of the material be released under the same license.

CC licenses may be applied to any type of work, including educational resources, music, photographs, databases, government and public sector information, and many other types of material. The only categories of works for which CC does not recommend its licenses are computer software and hardware. You should also not apply Creative Commons licenses to works that are no longer protected by copyright or are otherwise in the public domain. Instead, for those works in the worldwide public domain, we recommend that you mark them with the Public Domain Mark.

How do CC licenses operate?

CC licenses are operative only when applied to material in which a copyright exists, and even then only when a particular use would otherwise not be permitted by copyright. Note that the latest version of CC licenses also applies to rights similar to copyright, such as neighboring rights and sui generis database rights. Learn more about the scope of the licenses. This means that CC license terms and conditions are not triggered by uses permitted under any applicable exceptions and limitations to copyright, nor do license terms and conditions apply to elements of a licensed work that are in the public domain. This also means that CC licenses do not contractually impose restrictions on uses of a work where there is no underlying copyright. This feature (and others) distinguish CC licenses from some other open licenses like the ODbL and ODC-BY, both of which are intended to impose contractual conditions and restrictions on the reuse of databases in jurisdictions where there is no underlying copyright or sui generis database right.

All CC licenses are non-exclusive: creators and owners can enter into additional, different licensing arrangements for the same material at any time (often referred to as “dual-licensing” or “multi-licensing”). However, CC licenses are not revocable once granted unless there has been a breach, and even then the license is terminated only for the breaching licensee.

There are also videos and comics that offer visual descriptions of how CC licenses work.

Which is the latest version of the licenses offered by Creative Commons?

In November 2013, Creative Commons published the version 4.0 license suite. These licenses are the most up-to-date licenses offered by CC, and are recommended over all prior versions. You can see how the licenses have been improved over time on the license versions page. 4.0 has been drafted to be internationally valid, and will have official translations becoming available after publication.

No. By design, CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions. This is a fundamental principle of CC licensing.

Who gives permission to use material offered under Creative Commons licenses?

Our licenses and legal tools are intended for use by anyone who holds copyright in the material. This is often, but not always, the creator.

Creative Commons offers licenses and tools to the public free of charge and does not require that creators or other rights holders register with CC in order to apply a CC license to a work. This means that CC does not have special knowledge of who uses the licenses and for what purposes, nor does CC have a way to contact creators beyond means generally available to the public. CC has no authority to grant permission on behalf of those persons, nor does CC manage those rights on behalf of others.

If you would like to obtain additional permissions to use the work beyond those granted by the license that has been applied, or if you’re not sure if your intended use is permitted by the license, you should contact the rights holder.

Are Creative Commons licenses enforceable in a court of law?

Creative Commons licenses are drafted to be enforceable around the world, and have been enforced in court in various jurisdictions. To CC’s knowledge, the licenses have never been held unenforceable or invalid.

CC licenses contain a “severability” clause. This allows a court to eliminate any provision determined to be unenforceable, and enforce the remaining provisions of the license.

What happens if someone applies a Creative Commons license to my work without my knowledge or authorization?

CC alerts prospective licensors they need to have all necessary rights before applying a CC license to a work. If that is not the case and someone has marked your work with a CC license without your authorization, you should contact that person and tell them to remove the license from your work. You may also wish to contact a lawyer. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What are the international (“unported”) Creative Commons licenses, and why does CC offer “ported” licenses?

One of CC’s goals is ensuring that all of its legal tools work globally, so that anyone anywhere in the world can share their work on globally standard terms. To this end, CC offers a core suite of six international copyright licenses (formerly called the “unported”) that are drafted based largely on various international treaties governing copyright, taking into account as many jurisdiction-specific legal issues as possible. The latest version (4.0) has been drafted with particular attention to the needs of international enforceability.

For version 3.0 and earlier, Creative Commons has also offered ported versions of its six core licenses for many jurisdictions (which usually correspond to countries, but not always). These ported licenses are based on the international license suite but have been modified to reflect local nuances in the expression of legal terms and conditions, drafting protocols, and language. The ported licenses and the international licenses are all intended to be legally effective everywhere. CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

Can governments and intergovernmental organizations (“IGOs”) use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors’ overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the “machine readable” layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]”; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you’re uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC’s Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC’s legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC’s Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and running pilot programs that allow creators to use CC licenses in some circumstances.

If you are already a member of a collecting society and want to use CC licenses, you are welcome to encourage your collecting society to give you the option of Creative Commons licensing.

Can I still make money from a work I make available under a Creative Commons license?

Yes. One of our goals is to encourage creators and rights holders to experiment with new ways to promote and market their work. There are several possible ways of doing this.

CC’s NonCommercial (NC) licenses allow rights holders to maximize distribution while maintaining control of the commercialization of their works. If you want to reserve the right to commercialize your work, you may do this by choosing a license with the NC condition. If someone else wants to use your work commercially and you have applied an NC license to your work, they must first get your permission. As the rights holder, you may still sell your own work commercially.

You may also use funding models that do not depend on using an NC license. For example, many artists and creators use crowdfunding to fund their work before releasing it under a less restrictive license. Others use a “freemium” model where the basic content is free, but extras such as a physical printed version or special access to a members-only website are for paying customers only.

For more information and ideas, The Power of Open presents case studies of artists, businesspeople, and organizations who use CC.

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

No. CC licenses allow for flexibility in the way credit is provided depending on the medium, means, and context in which a licensee is redistributing licensed material. For example, providing attribution to the creator when using licensed material in a blog post may be different than doing so in a video remix. This flexibility facilitates compliance by licensees and reduces uncertainty about different types of reuse—minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded.

Can I change the license terms or conditions?

Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons” or “CC” license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials. Keep in mind that altering terms and conditions is distinct from waiving existing conditions or granting additional permissions than those in the licenses. Licensors may always do so, and many choose to do so using the CC+ protocol to readily signal the waiver or additional permission on the CC license deed.

CC does not assert copyright in the text of its licenses, so you are permitted to modify the text as long as you do not use the CC marks to describe it. However, we do not recommend this. We also advise against modifying our licenses through indirect means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other material. This would prevent licensees from using, combining, or remixing content under your customized license with other content under the same or compatible CC licenses.

Modifying licenses creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.

Can I waive license terms or conditions?

Yes. You may always choose to waive some license terms or conditions. Material licensed under a CC license but with additional permissions granted or conditions waived may be compatibly licensed with other material under the same license. Our CC+ protocol provides a mechanism for facilitating that grant or waiver.

Can I enter into separate or supplemental agreements with users of my work?

Yes. CC licenses are nonexclusive. Licensors always have the option of entering into separate arrangements for the sharing of their material in addition to applying a CC license. However, those different arrangements are not “CC” or “Creative Commons” licenses.

Separate agreements: You may offer the licensed material under other licenses in addition to the CC license (a practice commonly referred to as “dual licensing”). For example, you may wish to license a video game soundtrack under both a CC license and the GPL, so that it may be used under either set of terms. A reuser may then choose which set of terms to comply with. Or, for example, you may offer your material to the public under a NonCommercial license, but offer commercial permissions to fee-paying customers.

Supplemental agreements: Problems arise when licensors design those terms or arrangements to serve not as separate, alternative licensing arrangements but as supplemental terms having the effect of changing the standard terms within the CC license. While you may offer separate terms and conditions to other parties, you should not do so in such a way that would neutralize terms of the CC license.

Except in the limited situation where more permissions are being granted or license conditions are waived, if the additional arrangement modifies or conflicts with the CC license terms, then the resulting licensing arrangement is no longer a CC licensing arrangement. To avoid confusing those who may mistakenly believe the work is licensed under standard CC terms, we must insist that in these instances licensors not use our trademarks, names, and logos in connection with their custom licensing arrangement.

It should be noted that any agreements you make with other parties only have an effect on the other parties to that agreement, and do not apply to anyone else receiving the licensed material. For example, if there are terms of use that apply to visitors to your website on which you host CC-licensed material, your terms of use may apply to visitors to that website, but not to anyone who receives copies of the CC-licensed material elsewhere. Even for the visitors to your website, any separate terms and conditions do not become part of the license—they remain a separate contractual agreement, and violation of this agreement does not constitute copyright infringement.

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

A CC license terminates automatically when its conditions are violated. For example, if a reuser of CC-licensed material does not provide the attribution required when sharing the work, then the user no longer has the right to continue using the material and may be liable for copyright infringement. The license is terminated for the user who violated the license. However, all other users still have a valid license, so long as they are in compliance.

Under the 4.0 licenses, a licensee automatically gets these rights back if she fixes the violation within 30 days of discovering it.

If you apply a Creative Commons license and a user violates the license conditions, you may opt to contact the person directly to ask them to rectify the situation or consult a lawyer to act on your behalf. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

As long as users abide by license terms and conditions, licensors cannot control how the material is used. However, CC licenses do provide several mechanisms that allow licensors to choose not to be associated with their material or to uses of their material with which they disagree.

First, all CC licenses prohibit using the attribution requirement to suggest that the licensor endorses or supports a particular use. Second, licensors may waive the attribution requirement, choosing not to be identified as the licensor, if they wish. Third, if the licensor does not like how the material has been modified or used, CC licenses require that the licensee remove the attribution information upon request. (In 3.0 and earlier, this is only a requirement for adaptations and collections; in 4.0, this also applies to the unmodified work.) Finally, anyone modifying licensed material must indicate that the original has been modified. This ensures that changes made to the original material–whether or not the licensor approves of them–are not attributed back to the licensor.

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

The use of any effective technical protection measures (such as digital rights management or “DRM”) by licensees to prevent others from exercising the licensed rights is prohibited.

Not all kinds of encryption or access limitations are prohibited by the licenses. For example, sending content via email and encrypting it with the recipient’s public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a particular set of users (for example, by requiring a username and password to enter a site) does not restrict further use of the content by the recipients. In these examples, these things do not prevent the recipient from exercising all of the rights granted by the license, including the right to redistribute it further.

If someone is applying effective technological measures to your CC-licensed material that do restrict exercise of the licensed rights (such as applying DRM that restricts copying), this is a violation of the license terms unless you have chosen to grant this permission separately.

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

No. CC licenses grant permission to use the licensed material in any media or format regardless of the format in which it has been made available. This is true even if you have applied a NoDerivatives license to your work. Once a CC license is applied to a work in one format or medium, a licensee may use the same work in any other format or medium without violating the licensor’s copyright.

What if I change my mind about using a CC license?

CC licenses are not revocable. Once something has been published under a CC license, licensees may continue using it according to the license terms for the duration of applicable copyright and similar rights. As a licensor, you may stop distributing under the CC license at any time, but anyone who has access to a copy of the material may continue to redistribute it under the CC license terms. While you cannot revoke the license, CC licenses do provide a mechanism for licensors to ask that others using their material remove the attribution information. You should think carefully before choosing a Creative Commons license.

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

CC offers six core licenses, each of which grants a different set of permissions. Before you use CC-licensed material, you should review the terms of the particular license to be sure your anticipated use is permitted. If you wish to use the work in a manner that is not permitted by the license, you should contact the rights holder (often the creator) to get permission first, or look for an alternative work that is licensed in a way that permits your anticipated use. Note that if you use material in a way that is not permitted by the applicable license and your use is not otherwise permitted by an applicable copyright exception or limitation, the license is automatically terminated and you may be liable for copyright infringement, even if you are eligible to have your rights reinstated later.

Before using material offered under a Creative Commons license, you should know that CC licenses only grant permissions needed under copyright and similar rights, and there may be additional rights you need to use it as intended. You should also understand that licensors do not offer warranties or guarantees about the material they are licensing unless expressly indicated otherwise. All materials are licensed “AS IS” and a disclaimer of warranties applies unless expressly provided otherwise. If you want to ask for a warranty or guarantee about rights to use the material, you should talk with the licensor before using it.

Does a Creative Commons license give me all the rights I need to use the work?

It depends. CC licenses do not license rights other than copyright and similar rights (which include sui generis database rights in version 4.0). For example, they do not license trademark or patent rights, or the publicity, personality, and privacy rights of third parties. However, licensors agree to waive or not assert any moral rights, publicity rights, personality rights, or privacy rights they themselves hold, to the limited extent necessary to allow exercise of the licensed rights. Any rights outside of the scope of the license may require clearance (i.e., permission) in order to use the work as you would like.

Additionally, creative works sometimes incorporate works owned by others (known as “third party content”), often used pursuant to a CC license or under an exception or limitation to copyright such as fair use in the U.S. You should make sure you have permission to use any third party content contained in the work you want to use, or that your use is otherwise allowed under the laws of your jurisdiction, particularly in cases such as fair use where your right to use the content depends on the particular context in which you plan to use it.

All CC licenses contain a disclaimer of warranties, meaning that the licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work. You may wish to obtain legal advice before using CC-licensed material if you are not sure whether you have all the rights you need.

What if there are sui generis database rights that apply to my use of a CC-licensed database?

In the somewhat limited circumstances where sui generis database rights apply to your use, special conditions apply and there are more specific considerations you should be aware of. Under 4.0, sui generis database rights are licensed alongside copyright, but the treatment in earlier versions of the license varies. A fuller explanation of these variations and related considerations is available in the Data FAQ.

Where can I find material offered under a CC license?

If you are looking for material offered under a Creative Commons license, CC Search is a good starting point. There is also a directory of organizations and individuals who use CC licenses. Some media sites, such as Flickr, have search filters for material licensed using CC’s licenses.

Be sure to confirm that the material you want to use is actually under a CC license, as search results may sometimes be misleading.

Are Creative Commons works really free to use?

Yes. While many if not most CC-licensed works are available at no cost, some licensors charge for initial access to CC-licensed works—for example, by publishing CC-licensed content only to subscribers, or by charging for downloads. However, even if you have paid an access charge, once you have a copy of CC-licensed material, you may make any further uses permitted by the license without paying licensing fees.

(If you wish to make uses that are not permitted by the license—for example, making a commercial use of an NC-licensed photo—the licensor may charge for those additional rights.)

What should I know about differences between the international licenses and the ported licenses?

As a licensee, you should always read and understand the relevant license’s legal code before using CC-licensed material, particularly if you are using material that is licensed using a ported license with which you are unfamiliar. Our porting process involved adapting the international licenses to the legal framework of different jurisdictions, and in that process slight adjustments may have been made that you should make yourself aware of in advance of using the material. You can find more information about the ported licenses in the Jurisdiction Database.

There are currently no ported versions of 4.0, and we expect there will be few, if any, in the future. All official translations of the 4.0 international licenses are equivalent: you may substitute one for another depending on your preferred language.

However, the ported versions of 3.0 and earlier sometimes contain small differences from the international license depending on the ways in which they have been adapted to their jurisdictions. For example, a handful of the ported licenses contain provisions specifying which laws will apply in the event the licensor chooses to enforce the license, and a few of the ported licenses contain forum selection clauses.

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Contact the rights holders to ask for permission. Otherwise, unless an exception or limitation to copyright applies, your use of the material may violate the Creative Commons license. If you violate the terms of the license, your rights to use the material will be automatically terminated, and you may be liable for copyright infringement.

Do I always have to comply with the license terms? If not, what are the exceptions?

You need to comply with the license terms if what you are doing would otherwise require permission from the rights holder. If your use would not require permission from the rights holder because it falls under an exception or limitation, such as fair use, or because the material has come into the public domain, the license does not apply, and you do not need to comply with its terms and conditions. Additionally, if you are using an excerpt small enough to be uncopyrightable, the license does not apply to your use, and you do not need to comply with its terms.

However, if you are using excerpts of CC-licensed material which individually are minimal and do not require license compliance, but together make up a significant copyrightable chunk, you must comply with the license terms. For example, if you quote many individual lines from a poem across several sections of a blog post, and your use is not a fair use, you must comply with the license even though no individual line would have been a substantial enough portion of the work to require this.

Attribution

How do I properly attribute material offered under a Creative Commons license?

All CC licenses require users to attribute the creator of licensed material, unless the creator has waived that requirement, not supplied a name, or asked that her name be removed. Additionally, you must retain a copyright notice, a link to the license (or to the deed), a license notice, a notice about the disclaimer of warranties, and a URI if reasonable. For versions prior to 4.0, you must also provide the title of the work. (Though it is not a requirement in 4.0, it is still recommended if one is supplied.)

You must also indicate if you have modified the work—for example, if you have taken an excerpt, or cropped a photo. (For versions prior to 4.0, this is only required if you have created an adaptation by contributing your own creative material, but it is recommended even when not required.) It is not necessary to note trivial alterations, such as correcting a typo or changing a font size. Finally, you must retain an indication of previous modifications to the work.

CC licenses have a flexible attribution requirement, so there is not necessarily one correct way to provide attribution. The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner. Additionally, you may satisfy the attribution requirement by providing a link to a place where the attribution information may be found.

While the attribution requirements in the license are the minimum requirement, we always recommend that you follow the best practices for the kind of use you are making. For example, if you are using scientific data marked with CC0, you are not required to give attribution at all, but we recommend that you give the same credit you would give to any other source—not because the license requires it, but because that is the standard for letting others know the source of the data.

The CC website offers some best practices to help you attribute properly, and the CC Australia team has developed a helpful guide to attributing CC-licensed material (.pdf) in different formats. Note that the attribution and marking requirements vary slightly among license versions. See here for a chart comparing the specific requirements.

Do I need to be aware of anything else when providing attribution?

Yes. You need to be careful not to imply any sponsorship, endorsement, or connection with the licensor or attribution party without their permission. Wrongfully implying that a creator, publisher, or anyone else endorses you or your use of a work may be unlawful. Creative Commons makes the obligation not to imply endorsement explicit in its licenses. In addition, if the licensor of a work requests that you remove the identifying credit, you must do so to the extent practical.

Additionally, when you are using a work that is an adaptation of one or more pre-existing works, you may need to give credit to the creator(s) of the pre-existing work(s), in addition to giving credit to the creator of the adaptation.

Do I always have to attribute the creator of the licensed material?

You must attribute the creator when you provide material to the public by any means that is restricted by copyright or similar rights. If you are using the material personally but are not making it or any adaptations of it available to others, you do not have to attribute the licensor. Similarly, if you are only distributing the material or adaptations of it within your company or organization, you do not have to comply with the attribution requirement. Learn more about when compliance with the license is not required.

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such.

Can I take a CC-licensed work and use it in a different format?

Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.

This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work.

How do I know if a low-resolution photo and a high-resolution photo are the same work?

As with most copyright questions, it will depend on applicable law. Generally, to be different works under copyright law, there must be expressive or original choices made that make one work a separate and distinct work from another. The determination depends on the standards for copyright in the relevant jurisdiction.

Under U.S. copyright law, for example, mechanical reproduction of a work into a different format is unlikely to create a separate, new work. Consequently, digitally enhancing or changing the format of a work absent some originality, such as expressive choices made in the enhancement or encoding, will not likely create a separate work for copyright purposes. The creative bar is low, but it is not non-existent. Accordingly, in some jurisdictions releasing a photograph under a CC license will give the public permission to reuse the photograph in a different resolution.

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

The NoDerivs licenses (BY-ND and BY-NC-ND) prohibit reusers from creating adaptations. What constitutes an adaptation, otherwise known as a derivative work, varies slightly based on the law of the relevant jurisdiction.

Incorporating an unaltered excerpt from an ND-licensed work into a larger work only creates an adaptation if the larger work can be said to be built upon and derived from the work from which the excerpt was taken. Generally, no derivative work is made of the original from which the excerpt was taken when the excerpt is used to illuminate an idea or provide an example in another larger work. Instead, only the reproduction right of the original copyright holder is being exercised by person reusing the excerpt. All CC licenses grant the right to reproduce a CC-licensed work for noncommercial purposes (at a minimum). For example, a person could make copies of one chapter of an ND-licensed book and not be in violation of the license so long as other conditions of the license are met.

There are exceptions to that general rule, however, when the excerpts are combined with other material in a way that creates some new version of the original from which the excerpt is taken. For example, if a portion of a song was used as part of a new song, that may rise to the level of creating an adaptation of the original song, even though only a portion of it was used and even if that portion was used as-is.

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

No. When you receive material under a Creative Commons license, you may not place additional terms and conditions on the reuse of the work. This includes using effective technological measures (ETMs) that would restrict a licensee’s ability to exercise the licensed rights.

A technological measure is considered an ETM if circumventing it carries penalties under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements. Generally, this means that the anti-circumvention laws of various jurisdictions would cover attempts to break it.

For example, if you remix a CC-licensed song, and you wish to share it on a music site that places digital copy-restriction on all uploaded files, you may not do this without express permission from the licensor. However, if you upload that same file to your own site or any other site that does not apply DRM to the file, and a listener chooses to stream it through an app that applies DRM, you have not violated the license.

Note that merely converting material into a different format that is difficult to access or is only available for certain platforms does not violate the restriction; you may do this without violating the license terms.

Can I share CC-licensed material on password-protected sites?

Yes. This is not considered to be a prohibited measure, so long as the protection is merely limiting who may access the content, and does not restrict the authorized recipients from exercising the licensed rights. For example, you may post material under any CC license on a site restricted to members of a certain school, or to paying customers, but you may not place effective technological measures (including DRM) on the files that prevents them from sharing the material elsewhere.

(Note that charging for access may not be permitted with NC-licensed material; however, it is not disallowed by the restriction on ETMs.)

Can I share CC-licensed material on file-sharing networks?

Yes. All CC licenses allow redistribution of the unmodified material by any means, including distribution via file-sharing networks. Note that file-trading is expressly considered to be noncommercial for purposes of compliance with the NC licenses. Barter of NC-licensed material for other items of value is not permitted.

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

If you have received material under a CC license that is encumbered with effective technological measures (such as digital rights management or DRM), you may or may not be permitted to break it, depending on the circumstances. By releasing material under a CC license, the licensor agrees not to assert any rights she may have to prevent the circumvention of effective technological measures. (Under the 3.0 and earlier licenses, this is implied but not explicit.) However, if she has uploaded it to a site or other distribution channel that itself applies such measures, that site may have the right to prevent you from breaking them, even though the licensor herself cannot do so.

Note that anti-circumvention laws can impose criminal liability in some jurisdictions.

What if I have received CC-licensed material with additional restrictions?

It is possible that CC-licensed material will appear on platforms that impose terms in addition to the copyright license (though Creative Commons strongly discourages restrictions that interfere with exercise of the licensed rights). These additional terms do not form part of the license for the work. For example, if you download CC-licensed material from a site that does not permit downloading, you may be breaking the terms of use of the site, but you are not infringing the CC license. See our guide to Modifying the CC licenses for more guidance and information.

Combining and adapting CC material

When is my use considered an adaptation?

Whether a modification of licensed material is considered an adaptation for the purpose of CC licenses depends primarily on the applicable copyright law. Copyright law reserves to an original creator the right to create adaptations of the original work. CC licenses that allow for adaptations to be shared—all except BY-ND and BY-NC-ND—grant permission to others to create and redistribute adaptations when doing so would otherwise constitute a violation of applicable copyright law. Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable, such as a translation of a novel from one language to another, or the creation of a screenplay based on a novel.

Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation, whether or not it would be considered so under applicable law. Also, under version 4.0, certain uses of databases restricted by sui generis database rights also constitute adaptations (called “Adapted Material” in the 4.0 licenses), whether or not they would be considered adaptations under copyright law. For more details about adaptations in the database context, see the Data FAQ.

Note that all CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license.

Note on terminology: throughout these FAQs, we use the term “remix” interchangeably with “adapt.” Both are designed to mean doing something that constitutes an adaptation under copyright law.

Can I combine material under different Creative Commons licenses in my work?

It depends. The first question to ask is whether doing so constitutes an adaptation. If the combination does not create an adaptation, then you may combine any CC-licensed content so long as you provide attribution and comply with the NonCommercial restriction if it applies. If you want to combine material in a way that results in the creation of an adaptation (i.e. a “remix”), then you must pay attention to the particular license that applies to the content you want to combine.

The NoDerivatives licenses do not permit remixing except for private use (the pre-4.0 licenses do not permit remixing at all, except as allowed by exceptions and limitations to copyright). All the other CC licenses allow remixes, but may impose limitations or conditions on how the remix may be used. For example, if you create a remix with material licensed under a ShareAlike license, you need to make sure that all of the material contributed to the remix is licensed under the same license or one that CC has named as compatible, and you must properly credit all of the sources with the required attribution and license information. Similarly, if you want to use a remix for commercial purposes, you cannot incorporate material released under one of the NonCommercial licenses.

The chart below shows which CC-licensed material can be remixed. To use the chart, find a license on the left column and on the top right row. If there is a check mark in the box where that row and column intersect, then the works can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies. See below for details on how remixes may be licensed.

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If you make adaptations of material under a CC license (i.e. “remix”), the original CC license always applies to the material you are adapting even once adapted. The license you may choose for your own contribution (called your “adapter’s license”) depends on which license applies to the original material. Recipients of the adaptation must comply with both the CC license on the original and your adapter’s license.

  • BY and BY-NC material

When remixing BY or BY-NC material, it is generally recommended that your adapter’s license include at least the same license elements as the license applied to the original material. This eases reuse for downstream users because they are able to satisfy both licenses by complying with the adapter’s license. For example, if you adapt material licensed under BY-NC, your adapter’s license should also contain the NC restriction. See the chart below for more details.

  • BY-SA and BY-NC-SA material

In general, when remixing ShareAlike content, your adapter’s license must be the same license as the license on the material you are adapting. All licenses after version 1.0 also allow you to license your contributions under a later version of the same license, and some also allow ported licenses. (See the license versions page for details.) If you wish to adapt material under BY-SA or BY-NC-SA and release your contributions under a non-CC license, you should visit the Compatibility page to see which options are allowed.

  • BY-ND and BY-NC-ND material

The BY-ND and BY-NC-ND licenses do not permit distribution of adaptations (also known as remixes or derivative works), and prohibits the creation of adaptations under the pre-4.0 versions of those licenses. Since you may not share remixes of these materials at all, there is no compatibility with other licenses. (Note that the ND licenses do allow you to reproduce the material in unmodified form together with other material in a collection, as indicated in the next FAQ.)

  • Adapter’s license chart

The chart below details the CC license(s) you may use as your adapter’s license. When creating an adaptation of material under the license identified in the lefthand column, you may license your contributions to the adaptation under one of the licenses indicated on the top row if the corresponding box is green. CC does not recommend using a license if the corresponding box is yellow, although doing so is technically permitted by the terms of the license. If you do, you should take additional care to mark the adaptation as involving multiple copyrights under different terms so that downstream users are aware of their obligations to comply with the licenses from all rights holders. Dark gray boxes indicate those licenses that you may not use as your adapter’s license.

Adapter’s license chart Adapter’s license
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work PD              
BY              
BY-NC              
BY-NC-ND              
BY-NC-SA              
BY-ND              
BY-SA              
Abbreviation Key

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

All Creative Commons licenses (including the version 4.0 licenses) allow licensed material to be included in collections such as anthologies, encyclopedias, and broadcasts. You may choose a license for the collection, however this does not change the license applicable to the original material.

When you include CC-licensed content in a collection, you still must adhere to the license conditions governing your use of the material incorporated. For example, material under any of the Creative Commons NonCommercial licenses cannot be used commercially. The table below indicates what type of CC-licensed works you may incorporate into collections licensed for commercial and noncommercial uses.

Original Work Commercial Collection (BY, BY-SA, BY-ND) NonCommercial Collection (BY-NC, BY-NC-SA, BY-NC-ND)
PD    
BY    
BY-NC    
BY-NC-ND    
BY-NC-SA    
BY-ND    
BY-SA    

License termination

When do Creative Commons licenses expire?

Creative Commons licenses expire when the underlying copyright and similar rights expire.

Note that the relevant rights may expire at different times. For example, you may have a CC-licensed song where the rights in the musical arrangement expire before the rights in the lyrics. In this case, when the copyright in the music expires, you may use it without being required to comply with the conditions of the CC license; however, you must still comply with the license if you use the lyrics.

What happens if the author decides to revoke the CC license to material I am using?

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms. Of course, you may choose to respect the licensor’s wishes and stop using the work.

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

All of the CC licenses terminate if you fail to follow the license conditions. If this happens, you no longer have a license to use the material.

In the 4.0 licenses, your rights under the license are automatically reinstated if you correct this failure within 30 days of discovering the violation (either on your own or because the licensor or someone else has told you). Under the 3.0 and earlier licenses, there is no automatic reinstatement.

If you have lost your rights under a CC license and are not entitled to automatic reinstatement, you may regain your rights under the license if the licensor expressly grants you permission. You cannot simply re-download the material to get a new license.

Note that you may still be liable for damages for copyright infringement for the period where you were not in compliance with the license.

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

The Creative Commons licenses have three layers, as does the CC0 public domain dedication: the human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The Public Domain Mark is not legally operative, and so has only two layers: the human-readable mark and machine-readable metadata.

When material is licensed using any of the CC licenses or tools, it is highly recommended that a CC button, text, or other marker somehow accompany it. There are many possible modes for marking. For our licenses, people generally use the CC license chooser to generate HTML code that can be pasted into the webpage where the licensed material is published. CC0 and the Public Domain Mark have a separate chooser. Many platforms and web services such as Flickr and Drupal support CC licensing directly, allowing you to select an appropriate license. The service then properly marks the work for you.

CC has published some best practices for marking your CC-licensed material, and recommends:

  • Including a visual indicator (some combination of text and images) that the work is licensed with one of the CC licenses.
  • Clearly indicating what material is covered under the CC license, especially if it’s presented alongside non-licensed materials.
  • Including a link to the human-readable deed (which itself contains a link to the legal code).
  • Embedding machine-readable metadata in the code of the license indicator or code of the licensed page.

See the marking page for more details.

What does it mean that Creative Commons licenses are “machine-readable”?

Creative Commons has specified CC REL as a way to associate machine-readable licensing metadata with objects offered under CC licenses.

Before Creative Commons developed this vocabulary, it was difficult for a machine to ascertain whether an object was marked with a CC license. There was also no standard, predictable place to house metadata about that license (for example, the source URL of the work or the required mode of attribution).

Machine-readable metadata based on well-accepted metadata standards creates a platform upon which new services and applications can be built. Software and services can detect CC licenses and the details of that license, as described by the metadata. For example, on many websites and search engines such as Google and Flickr, you can run filtered searches for works offered under specific CC licenses. In addition, CC license deeds can automatically create copy-and-paste attribution code so users may easily comply with the BY condition of the licenses. When you click on a CC license or button from a page with license metadata, you get copy-and-paste attribution HTML within that license deed page. That HTML is based on available RDFa metadata in the original material.

All HTML provided by the CC license chooser is automatically annotated with metadata in RDFa format.

What is RDFa?

RDFa is a method for embedding structured data in a web page. For more information about RDFa, see the following resources:

What is CC REL and why does Creative Commons recommend it?

Creative Commons Rights Expression Language (CC REL) renders information about licenses and works machine-readable through standards that define the semantic web. Creative Commons wants to make it easy for creators and scientists to build upon the works of others when they choose; licensing your work for reuse and finding properly licensed works to reuse should be easy. CC recommends that you mark your licensed works with CC REL. The Creative Commons license chooser provides HTML annotated with CC REL, while the Creative Commons deeds recognize CC REL on web pages with works offered under a CC license, and use this metadata to enhance the deed for properly marked-up works, e.g., by providing copy and paste HTML that includes work attribution.

For more background information on CC REL, please refer to this paper.

What does it mean for a search engine to be CC-enabled?

Some search engines (like Google) allow people to filter their search results by usage rights so that you can limit your search results according to the particular CC license you seek. For example, if you are looking for a photo to adapt, you can filter your search to return photos that have a CC license that permits creation of adaptations. You can generally find this search feature on the advanced search page of your selected search engine. You can also use CC Search, which offers a convenient interface to search and a list of those content providers that support searches for content based on usage rights.

Please note, however, that you should always double check to make sure that the work you locate through a search is licensed as you wish.

How do I give users of my site the option to use CC licensing like Flickr does?

Creative Commons provides tools for integrating license selection with your site. You can find an overview at the Web Integration article on the CC wiki. The Partner Interface is a good way to get started and will always have the most up-to-date license versions and translations. However, there is also an API available if you want more control.

How can I change or remove the Creative Commons search option built into the Firefox browser?

Mozilla has included the Creative Commons search function in many versions of Firefox along with search options for Google, Amazon, and other popular sites. Please take a look at the Firefox article on the CC wiki for an explanation of how to change these features.

If you want to add or remove a particular search option, click on the logo in the search box (for example, the CC logo or the Google logo). This will open the pull down menu, which will allow you to select different search providers. If you choose “Manage Search Engines,” you will be able to add or remove search engines. You can also alter the order in which the search providers appear on the pull down menu.

Is Creative Commons involved in digital rights management (DRM)?

No. CC licenses are a form of rights expression, not rights management. CC provides tools to make it easier for creators and owners to say which rights they reserve and permissions they grant. This is different from digital rights management (or “DRM”), which uses technological protection measures to prevent people from using the work in a way that the owner has not permitted.

CC licenses contain language prohibiting licensees from the use of effective technological measures (including DRM) to prevent access to licensed material: ”You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any such recipient.”

While licensors may apply effective technological measures (ETMs) to their own materials, the licensor provides a limited permission to circumvent these measures: “The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures.” Note that this only applies to effective technological measures applied by licensors themselves: third parties such as distribution platforms may still apply ETMs if the licensor uploads there, and the license is not able to grant you permission to circumvent it.

Copyright law grants exclusive rights to creators of original works of authorship. National laws usually extend protections to such works automatically once fixed in a tangible medium, prohibiting the making of copies without the rights holder’s permission, among other things. On the internet, even the most basic activities involve making copies of copyrighted content. As content is increasingly uploaded, downloaded, and shared online, copyright law is becoming more relevant to more people than it was 20 years ago. Unfortunately, infringing copyrights—even unintentionally or unknowingly—can lead to liability. Successful navigation of the internet requires some understanding of copyright law.

What is the public domain?

The public domain of copyright refers to the aggregate of those works that are not restricted by copyright within a given jurisdiction. A work may be part of the public domain because the applicable term of copyright has expired, because the rights holder surrendered copyright in the work with a tool like CC0, or because the work did not meet the applicable standards for copyrightability.

Because the public domain depends on the copyright laws in force within a particular territory, sometimes a work may be considered “in the public domain” of one jurisdiction, but not in another. For example, U.S. government works are automatically in the public domain under U.S. copyright law, but might be restricted by copyright in other countries.

The Public Domain Manifesto, the University Libraries page, and the CC0 FAQs all contain additional information about the public domain.

Copyright in most jurisdictions attaches automatically without need for any formality once a creative work is fixed in tangible form (i.e. the minute you put pen to paper, take a photo, or hit the “save” button on your computer).

In some jurisdictions, creators may be required to register with a national agency in order to enforce copyright in court. If you would like more information, please consult the Berne Convention or your jurisdiction’s copyright law.

Although you do not have to apply a copyright notice for your work to be protected, it may be a useful tool to clearly signal to people that the work is yours. It also tells the public who to contact about the work.

What is an adaptation?

An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.

In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter’s personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil’s copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction’s copyright law for more information.

What are moral rights?

Copyright laws in many jurisdictions around the world grant creators “moral rights” in addition to the economic or commercial right to exploit their creative works. Moral rights protect the personal and reputational value of a work for its creator. Moral rights differ by country, and can include the right of attribution, the right to have a work published anonymously or pseudonymously, and/or the right to the integrity of the work. The moral right of integrity may provide creators with a source for redress if an adaptation represents derogatory treatment of their work, typically defined as “distortion or mutilation” of the work or treatment that is “prejudicial to the honor, or reputation of the author.” Not all jurisdictions provide for moral rights.

The CC licenses are intended to minimize the effect of moral rights on a licensee’s ability to use licensed material; however, in some jurisdictions, these rights may still have an effect. CC offers some additional information on how CC licenses may affect your moral rights.

What are neighboring rights?

Copyright provides an incentive to create works by providing exclusive rights to creators. However, the distribution or exploitation of a work often involves more than just the creator. For example, if someone writes a song, someone else may perform the song, and another may produce the recording of the song. Some jurisdictions extend copyright to the contributions made by these persons; other jurisdictions extend such exclusive rights in the form of neighboring rights. Neighboring rights may include performers’ rights or broadcasters’ rights, among others. The Rome Convention sets forth some guidelines on the scope of neighboring rights. Not all jurisdictions recognize neighboring rights.

What are sui generis database rights?

Sui generis database rights grant qualifying database makers the right to prohibit the extraction and reuse of a substantial portion of a database. The rights are granted to database makers that make a substantial investment of time and resources to create the database. Sui generis database rights are primarily enacted within the European Union and a handful of other jurisdictions.

What are collecting societies?

Collecting societies are copyright management organizations. Some examples of collecting societies include ASCAP and BMI (United States), BUMA/STEMRA (Netherlands), PRS (United Kingdom), and APRA (Australia). These societies license works on behalf of their owners and process royalty payments from parties using the copyrighted works.

CC offers additional information on how collecting societies might affect your rights and your ability to apply CC licenses to your work. CC has several pilots underway with collecting societies that have chosen to allow their members to use CC licenses on a limited basis.

What are publicity, personality, and privacy rights?

These terms are used differently in different jurisdictions. Generally speaking, these rights allow individuals to control the use of their voice, image, likeness, or other identifiable aspect of their identity, especially for purposes of commercial exploitation. Similarly, in some jurisdictions these rights allow people to restrict others’ ability to publish information about them without their permission. Whether and to what extent these rights exist, and if so, how they are labeled, varies depending on the jurisdiction.

Creative Commons licenses have a limited effect on these rights where the licensor holds them. Where the licensor has publicity, personality, or privacy rights that may affect your ability to use the material as the license intends, the licensor agrees to waive or not assert those rights. However, any such rights not held by the licensor are not affected and may still affect your desired use of a licensed work. If you have created a work or wish to use a work that might in some way implicate these rights, you may need to obtain permission from the individuals whose rights may be affected.

Data

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

: Uses of CC Licenses with Data and Databases : Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker’s investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [marking page]https://wiki.creativecommons.org/wiki/Marking_your_work_with_a_CC_license “wikilink”) for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights–but not copyright–are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.1 These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker’s substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Artificial intelligence and CC licenses

What are the limits on how CC-licensed works can be used in the development of new technologies, such as training of artificial intelligence software?

The licenses grant permission for reuse in any situation that requires permission under copyright. There are many ways in which CC-licensed work works and even all rights reserved works can be reused without permission. This includes uses that are fair uses, for example.

If someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected. This is one of the enduring qualities of our licenses — they have been carefully designed to work with all new technologies where copyright comes into play. No special or explicit permission regarding new technologies from a copyright perspective is required.

But what about privacy laws, rules governing ethical research, and data protection laws?

CC’s copyright licenses are not universal policy tools. Copyright is the primary obstacle to reuse that our licenses solve, but there are many other issues related to the reuse of content that our licenses do not address and that reusers should be aware of. These can include privacy and rules governing ethical research and the collection or use of data, which have to be addressed and respected separate and apart from the copyright issues that CC licenses cover.

What attribution obligations exist when CC-licensed images are included in a published dataset? Is linking to the original image or URI required, and if so, is it adequate?

It depends. First, keep in mind that CC licenses never limit uses that copyright doesn’t control. For example, as a general matter text and data mining in the United States is considered a fair use and does not require permission under copyright. This means that reusers engaged in text and data mining do not have to adhere to the marking and attribution requirements in our licenses for that activity even though we strongly recommend they do so anyway. A second example is linking. In some countries, linking to copyrighted content doesn’t require permission under copyright law, which means the CC license obligations do not come into play even though the linked content is CC-licensed.

Where a CC-licensed work is distributed as part of a database or dataset, and assuming copyright (or in the European Union, copyright or sui generis database rights) is triggered, then the license conditions must be respected. This means providing the required attribution information in a way that is reasonable under the circumstances. Our licenses allow for some flexibility, and in some cases that may be as simple as providing a link to the website where the relevant attribution information is provided. Visit our marking practices page for more information.

If a for-profit company uses CC-licensed content under a Non Commercial license and releases the work under terms that allow only research purposes, is the NC restriction violated?

This depends on whether any of the uses made of the works by the company, whether for profit or non profit, are primarily intended for commercial advantage or monetary compensation. This is hard to know without having all of the facts about how a work was used, whether internally by the company for its own purposes or how the work was distributed for further use. Visit our NC page for more information about what constitutes commercial and non commercial uses of works.

If NC-licensed content is redistributed to the public under an NC license, that distribution would not violate the NC clause. (Note that CC strongly discourages the use of any license terms other than a CC NC license for redistributions of NC-licensed content.)

If CC SA-licensed content is included in a database, does the entire database have to be licensed under an SA license?

CC licenses never require a reuser of a CC-licensed work to make the original work or resulting works (collections, derivatives, etc.) publicly available. There are lots of private reuses of works that are permitted by CC’s licenses that do not require compliance with their terms. Regarding ShareAlike, the condition only applies if a work is modified and if the work is shared publicly. In the situation where a reuser created a dataset of photos and made it publicly available, and assuming copyright permission is required, then what is released is likely a collection or compilation of pre-existing works. CC licenses do not require the collection or the compilation itself to be made available under an SA license, even though each individual work is still licensed individually under an SA license and if they were modified by the distributor the modified photo would need to be licensed under the same terms. For example, were Creative Commons to compile photographs from a photo sharing website under a BY-SA 2.0 license and create a database that it then publicly distributed, CC could license the collection as a whole under a BY license, but the photographs would continue to be licensed under BY-SA 2.0.

What, if any, remedies, do users have if they dislike how their photos or images have been reused?

Several remedies are potentially available. Some may be available if the CC license terms have been violated, and others may be available through other, separate avenues because they involve other laws or regulations that the CC licenses do not cover. It’s important to remember, however, that absent a violation of the license the permissions granted under the license remain in place and cannot be revoked.

  • Under the CC licenses, even if a license condition has not been violated licensors can ask that attribution to them be removed so they can distance themselves from the reuse.
  • For violations of a CC license term where the license was required (not a fair use, etc.) then you may have a claim for copyright infringement. Fortunately, in the CC community most license violations are handled amicably without resorting to the courts.
  • For claims involving laws and regulations other than copyright, recourse may be available depending on your local laws.

An important starting point for any would-be sharer of content under a CC license is to educate yourself in advance about how they work and what rights they do and do not cover. We have many FAQs on our website. We also provide human-readable deeds with links to the full text of our licenses. Additionally, all of our licenses highlight at the beginning many considerations that licensors should have in mind before they license, and considerations for reusers of works before they do so in order to avoid inadvertent violations.

Notes

  1. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).↩

#####EOF##### Creative Commons Legal Code

Creative Commons

Creative Commons Legal Code

Attribution-NonCommercial-ShareAlike 1.0

CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS DRAFT LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.

License

THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE IS PROHIBITED.

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  1. "Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
  2. "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License.
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2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.

3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:

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The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved.

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  1. You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any reference to such Licensor or the Original Author, as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any reference to such Licensor or the Original Author, as requested.
  2. You may distribute, publicly display, publicly perform, or publicly digitally perform a Derivative Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of each Derivative Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Derivative Works that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder, and You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Derivative Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Derivative Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Derivative Work itself to be made subject to the terms of this License.
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  1. Each time You distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
  2. Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
  3. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
  4. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
  5. This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.

Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.

Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, neither party will use the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time.

Creative Commons may be contacted at https://creativecommons.org/.

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#####EOF##### Frequently Asked Questions - Creative Commons
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Frequently Asked Questions

2019-04-02 14:07:11 UTC

These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information.

  • Other CC FAQs: CC0 Public Domain Dedication and Public Domain Mark.
  • “Licensor”, “rights holder”, “owner”, and “creator” may be used interchangeably to refer to the person or entity applying a CC license.
  • Information about the licenses is primarily made with reference to the 4.0 suite, but earlier license versions are mentioned where they differ.
  • Have a question that isn’t answered here? Contact info@creativecommons.org.

Creative Commons does not provide legal advice. This FAQ is for informational purposes and is not a substitute for legal advice. It may not cover important issues that affect you. You should consult with your own lawyer if you have questions.

About CC

What is Creative Commons and what do you do?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. Our legal tools help those who want to encourage reuse of their works by offering them for use under generous, standardized terms; those who want to make creative uses of works; and those who want to benefit from this symbiosis. Our vision is to help others realize the full potential of the internet. CC has affiliates all over the world who help ensure our licenses work internationally and who raise awareness of our work.

Although Creative Commons is best known for its licenses, our work extends beyond just providing copyright licenses. CC offers other legal and technical tools that also facilitate sharing and discovery of creative works, such as CC0, a public domain dedication for rights holders who wish to put their work into the public domain before the expiration of copyright, and the Public Domain Mark, a tool for marking a work that is in the worldwide public domain. Creative Commons licenses and tools were designed specifically to work with the web, which makes content that is offered under their terms easy to search for, discover, and use.

For more information about CC, our main website contains in-depth information about the organization, its staff and board of directors, its history, and its supporters. You can also read CC case studies to learn about some of the inspiring ways CC licenses and tools have been used to share works and support innovative business models. You can find regularly updated information about CC by visiting the blog.

Absolutely not. CC has responded to claims to the contrary. CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

That said, Creative Commons recognizes the need for change in copyright law, and many members of the Creative Commons community are active participants in the copyright reform movement. For more information, see our statement in support of copyright reform.

What does “Some Rights Reserved” mean?

Copyright grants to creators a bundle of exclusive rights over their creative works, which generally include, at a minimum, the right to reproduce, distribute, display, and make adaptations. The phrase “All Rights Reserved” is often used by owners to indicate that they reserve all of the rights granted to them under the law. When copyright expires, the work enters the public domain, and the rights holder can no longer stop others from engaging in those activities under copyright, with the exception of moral rights reserved to creators in some jurisdictions. Creative Commons licenses offer creators a spectrum of choices between retaining all rights and relinquishing all rights (public domain), an approach we call “Some Rights Reserved.”

No. Creative Commons is not a law firm and does not provide legal advice or legal services. CC is similar to a self-help service that offers free, form-based legal documents for others to use. These FAQ answers many of the most common questions. There is also specialized information available on the following pages:

While CC does provide this informational guidance about its licenses and other tools, this information may not apply to your particular situation, and should never be taken as legal advice.

If you’re looking for legal advice about using CC licenses and other tools, we recommend contacting the Creative Commons affiliate in your jurisdiction. CC affiliates are highly connected to the communities of copyright lawyers in their countries. We also offer a list of lawyers and organizations who have identified themselves as willing to provide information to others about CC licensing issues. However, please note that CC does not provide referral services, and does not endorse or recommend any person on that list.

Does Creative Commons collect or track material licensed under a CC license?

No, CC does not collect content or track licensed material. However, CC builds technical tools that help the public search for and use works licensed under our licenses and other legal tools, and many others have built such tools as well. CC Search is one tool developed by CC to help the public discover works offered under Creative Commons licenses on the internet via CC-aware search engines and repositories.

What do the Creative Commons buttons do?

The CC buttons are a shorthand way to convey the basic permissions associated with material offered under CC licenses. Creators and owners who apply CC licenses to their material can download and apply those buttons to communicate to users the permissions granted in advance. When the material is offered online, the buttons should usually link out to the human-readable license deeds (which, in turn, link to the license itself).

May I use the Creative Commons logo and buttons?

You may download high resolution versions of the Creative Commons logos and use them in connection with your work or your website, provided you comply with our policies. Among other things, if you use the logos on a website or on your work, you may not alter the logos in any respect—such as by changing the font, the proportions, or the colors. CC’s buttons, name, and corporate logo (the “CC” in a circle) are trademarks of Creative Commons. You cannot use them in ways not permitted by our policies unless you first receive express, written permission. This means, for example, that you cannot (without our permission) print your own buttons and t-shirts using CC logos, although you can purchase them in CC’s store.

I love Creative Commons. How can I help?

Please support CC by making a donation through our support page. Donations can be handled through PayPal or by credit card. You can also support CC by visiting our store.

CC always welcomes your feedback, which you can provide by emailing . You can also participate in CC’s email discussion lists and share feedback and ideas in one of those forums.

If you are a software developer, sysadmin, or have other technical expertise, please join our developer community and help build the tools that build the commons.

Finally, one of the best ways to support CC is by supporting our causes yourself. Follow our blog to find out about current issues where you can help get involved and spread the word, and advocate for free and open licensing in your own communities.

Why does Creative Commons run an annual fundraising campaign? What is the money used for and where does it go?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, with affiliates all over the world who help ensure our licenses work internationally and raise awareness about our work. Our tools are free, and our reach is wide.

In order to…

  • continue developing our licenses and public domain tools to make sure they are legally and technically up-to-date around the world,
  • help creators implement these tools on websites through best practices and individual assistance,
  • enable CC licensing on major content-sharing platforms,
  • enhance CC-licensed resource search and discovery,
  • advocate for CC licensing and open policies in education, science, and culture, and
  • myriad other activities we’re forgetting to mention, such as all the everyday boring but essential operations that go into running an organization

…we need $ to make it all happen! For more information, please take a look at our Annual Report.

Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. It is essential we have the public’s support because it is the creators and users of CC material who make our tools relevant in this digital age. They depend on the tools and services CC provides through their reuse and remix of the rich, open resources available on Wikipedia, Flickr, SoundCloud, Vimeo, Europeana, MIT OpenCourseWare, the Library of Science, Al Jazeera, and YouTube—just to name a few. Many of these people donate $10, $25, or $50 to CC, to help keep it up and running so we can continue to provide our tools and services for free, as a nonprofit organization. The more people who donate to CC, the more independent it will remain.

General License Information

What are Creative Commons licenses?

Creative Commons licenses provide an easy way to manage the copyright terms that attach automatically to all creative material under copyright. Our licenses allow that material to be shared and reused under terms that are flexible and legally sound. Creative Commons offers a core suite of six copyright licenses. Because there is no single “Creative Commons license,” it is important to identify which of the six licenses you are applying to your material, which of the six licenses has been applied to material that you intend to use, and in both cases the specific version.

All of our licenses require that users provide attribution (BY) to the creator when the material is used and shared. Some licensors choose the BY license, which requires attribution to the creator as the only condition to reuse of the material. The other five licenses combine BY with one or more of three additional license elements: NonCommercial (NC), which prohibits commercial use of the material; NoDerivatives (ND), which prohibits the sharing of adaptations of the material; and ShareAlike (SA), which requires adaptations of the material be released under the same license.

CC licenses may be applied to any type of work, including educational resources, music, photographs, databases, government and public sector information, and many other types of material. The only categories of works for which CC does not recommend its licenses are computer software and hardware. You should also not apply Creative Commons licenses to works that are no longer protected by copyright or are otherwise in the public domain. Instead, for those works in the worldwide public domain, we recommend that you mark them with the Public Domain Mark.

How do CC licenses operate?

CC licenses are operative only when applied to material in which a copyright exists, and even then only when a particular use would otherwise not be permitted by copyright. Note that the latest version of CC licenses also applies to rights similar to copyright, such as neighboring rights and sui generis database rights. Learn more about the scope of the licenses. This means that CC license terms and conditions are not triggered by uses permitted under any applicable exceptions and limitations to copyright, nor do license terms and conditions apply to elements of a licensed work that are in the public domain. This also means that CC licenses do not contractually impose restrictions on uses of a work where there is no underlying copyright. This feature (and others) distinguish CC licenses from some other open licenses like the ODbL and ODC-BY, both of which are intended to impose contractual conditions and restrictions on the reuse of databases in jurisdictions where there is no underlying copyright or sui generis database right.

All CC licenses are non-exclusive: creators and owners can enter into additional, different licensing arrangements for the same material at any time (often referred to as “dual-licensing” or “multi-licensing”). However, CC licenses are not revocable once granted unless there has been a breach, and even then the license is terminated only for the breaching licensee.

There are also videos and comics that offer visual descriptions of how CC licenses work.

Which is the latest version of the licenses offered by Creative Commons?

In November 2013, Creative Commons published the version 4.0 license suite. These licenses are the most up-to-date licenses offered by CC, and are recommended over all prior versions. You can see how the licenses have been improved over time on the license versions page. 4.0 has been drafted to be internationally valid, and will have official translations becoming available after publication.

No. By design, CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions. This is a fundamental principle of CC licensing.

Who gives permission to use material offered under Creative Commons licenses?

Our licenses and legal tools are intended for use by anyone who holds copyright in the material. This is often, but not always, the creator.

Creative Commons offers licenses and tools to the public free of charge and does not require that creators or other rights holders register with CC in order to apply a CC license to a work. This means that CC does not have special knowledge of who uses the licenses and for what purposes, nor does CC have a way to contact creators beyond means generally available to the public. CC has no authority to grant permission on behalf of those persons, nor does CC manage those rights on behalf of others.

If you would like to obtain additional permissions to use the work beyond those granted by the license that has been applied, or if you’re not sure if your intended use is permitted by the license, you should contact the rights holder.

Are Creative Commons licenses enforceable in a court of law?

Creative Commons licenses are drafted to be enforceable around the world, and have been enforced in court in various jurisdictions. To CC’s knowledge, the licenses have never been held unenforceable or invalid.

CC licenses contain a “severability” clause. This allows a court to eliminate any provision determined to be unenforceable, and enforce the remaining provisions of the license.

What happens if someone applies a Creative Commons license to my work without my knowledge or authorization?

CC alerts prospective licensors they need to have all necessary rights before applying a CC license to a work. If that is not the case and someone has marked your work with a CC license without your authorization, you should contact that person and tell them to remove the license from your work. You may also wish to contact a lawyer. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What are the international (“unported”) Creative Commons licenses, and why does CC offer “ported” licenses?

One of CC’s goals is ensuring that all of its legal tools work globally, so that anyone anywhere in the world can share their work on globally standard terms. To this end, CC offers a core suite of six international copyright licenses (formerly called the “unported”) that are drafted based largely on various international treaties governing copyright, taking into account as many jurisdiction-specific legal issues as possible. The latest version (4.0) has been drafted with particular attention to the needs of international enforceability.

For version 3.0 and earlier, Creative Commons has also offered ported versions of its six core licenses for many jurisdictions (which usually correspond to countries, but not always). These ported licenses are based on the international license suite but have been modified to reflect local nuances in the expression of legal terms and conditions, drafting protocols, and language. The ported licenses and the international licenses are all intended to be legally effective everywhere. CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

Can governments and intergovernmental organizations (“IGOs”) use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors’ overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the “machine readable” layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]”; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you’re uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC’s Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC’s legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC’s Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and running pilot programs that allow creators to use CC licenses in some circumstances.

If you are already a member of a collecting society and want to use CC licenses, you are welcome to encourage your collecting society to give you the option of Creative Commons licensing.

Can I still make money from a work I make available under a Creative Commons license?

Yes. One of our goals is to encourage creators and rights holders to experiment with new ways to promote and market their work. There are several possible ways of doing this.

CC’s NonCommercial (NC) licenses allow rights holders to maximize distribution while maintaining control of the commercialization of their works. If you want to reserve the right to commercialize your work, you may do this by choosing a license with the NC condition. If someone else wants to use your work commercially and you have applied an NC license to your work, they must first get your permission. As the rights holder, you may still sell your own work commercially.

You may also use funding models that do not depend on using an NC license. For example, many artists and creators use crowdfunding to fund their work before releasing it under a less restrictive license. Others use a “freemium” model where the basic content is free, but extras such as a physical printed version or special access to a members-only website are for paying customers only.

For more information and ideas, The Power of Open presents case studies of artists, businesspeople, and organizations who use CC.

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

No. CC licenses allow for flexibility in the way credit is provided depending on the medium, means, and context in which a licensee is redistributing licensed material. For example, providing attribution to the creator when using licensed material in a blog post may be different than doing so in a video remix. This flexibility facilitates compliance by licensees and reduces uncertainty about different types of reuse—minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded.

Can I change the license terms or conditions?

Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons” or “CC” license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials. Keep in mind that altering terms and conditions is distinct from waiving existing conditions or granting additional permissions than those in the licenses. Licensors may always do so, and many choose to do so using the CC+ protocol to readily signal the waiver or additional permission on the CC license deed.

CC does not assert copyright in the text of its licenses, so you are permitted to modify the text as long as you do not use the CC marks to describe it. However, we do not recommend this. We also advise against modifying our licenses through indirect means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other material. This would prevent licensees from using, combining, or remixing content under your customized license with other content under the same or compatible CC licenses.

Modifying licenses creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.

Can I waive license terms or conditions?

Yes. You may always choose to waive some license terms or conditions. Material licensed under a CC license but with additional permissions granted or conditions waived may be compatibly licensed with other material under the same license. Our CC+ protocol provides a mechanism for facilitating that grant or waiver.

Can I enter into separate or supplemental agreements with users of my work?

Yes. CC licenses are nonexclusive. Licensors always have the option of entering into separate arrangements for the sharing of their material in addition to applying a CC license. However, those different arrangements are not “CC” or “Creative Commons” licenses.

Separate agreements: You may offer the licensed material under other licenses in addition to the CC license (a practice commonly referred to as “dual licensing”). For example, you may wish to license a video game soundtrack under both a CC license and the GPL, so that it may be used under either set of terms. A reuser may then choose which set of terms to comply with. Or, for example, you may offer your material to the public under a NonCommercial license, but offer commercial permissions to fee-paying customers.

Supplemental agreements: Problems arise when licensors design those terms or arrangements to serve not as separate, alternative licensing arrangements but as supplemental terms having the effect of changing the standard terms within the CC license. While you may offer separate terms and conditions to other parties, you should not do so in such a way that would neutralize terms of the CC license.

Except in the limited situation where more permissions are being granted or license conditions are waived, if the additional arrangement modifies or conflicts with the CC license terms, then the resulting licensing arrangement is no longer a CC licensing arrangement. To avoid confusing those who may mistakenly believe the work is licensed under standard CC terms, we must insist that in these instances licensors not use our trademarks, names, and logos in connection with their custom licensing arrangement.

It should be noted that any agreements you make with other parties only have an effect on the other parties to that agreement, and do not apply to anyone else receiving the licensed material. For example, if there are terms of use that apply to visitors to your website on which you host CC-licensed material, your terms of use may apply to visitors to that website, but not to anyone who receives copies of the CC-licensed material elsewhere. Even for the visitors to your website, any separate terms and conditions do not become part of the license—they remain a separate contractual agreement, and violation of this agreement does not constitute copyright infringement.

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

A CC license terminates automatically when its conditions are violated. For example, if a reuser of CC-licensed material does not provide the attribution required when sharing the work, then the user no longer has the right to continue using the material and may be liable for copyright infringement. The license is terminated for the user who violated the license. However, all other users still have a valid license, so long as they are in compliance.

Under the 4.0 licenses, a licensee automatically gets these rights back if she fixes the violation within 30 days of discovering it.

If you apply a Creative Commons license and a user violates the license conditions, you may opt to contact the person directly to ask them to rectify the situation or consult a lawyer to act on your behalf. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

As long as users abide by license terms and conditions, licensors cannot control how the material is used. However, CC licenses do provide several mechanisms that allow licensors to choose not to be associated with their material or to uses of their material with which they disagree.

First, all CC licenses prohibit using the attribution requirement to suggest that the licensor endorses or supports a particular use. Second, licensors may waive the attribution requirement, choosing not to be identified as the licensor, if they wish. Third, if the licensor does not like how the material has been modified or used, CC licenses require that the licensee remove the attribution information upon request. (In 3.0 and earlier, this is only a requirement for adaptations and collections; in 4.0, this also applies to the unmodified work.) Finally, anyone modifying licensed material must indicate that the original has been modified. This ensures that changes made to the original material–whether or not the licensor approves of them–are not attributed back to the licensor.

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

The use of any effective technical protection measures (such as digital rights management or “DRM”) by licensees to prevent others from exercising the licensed rights is prohibited.

Not all kinds of encryption or access limitations are prohibited by the licenses. For example, sending content via email and encrypting it with the recipient’s public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a particular set of users (for example, by requiring a username and password to enter a site) does not restrict further use of the content by the recipients. In these examples, these things do not prevent the recipient from exercising all of the rights granted by the license, including the right to redistribute it further.

If someone is applying effective technological measures to your CC-licensed material that do restrict exercise of the licensed rights (such as applying DRM that restricts copying), this is a violation of the license terms unless you have chosen to grant this permission separately.

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

No. CC licenses grant permission to use the licensed material in any media or format regardless of the format in which it has been made available. This is true even if you have applied a NoDerivatives license to your work. Once a CC license is applied to a work in one format or medium, a licensee may use the same work in any other format or medium without violating the licensor’s copyright.

What if I change my mind about using a CC license?

CC licenses are not revocable. Once something has been published under a CC license, licensees may continue using it according to the license terms for the duration of applicable copyright and similar rights. As a licensor, you may stop distributing under the CC license at any time, but anyone who has access to a copy of the material may continue to redistribute it under the CC license terms. While you cannot revoke the license, CC licenses do provide a mechanism for licensors to ask that others using their material remove the attribution information. You should think carefully before choosing a Creative Commons license.

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

CC offers six core licenses, each of which grants a different set of permissions. Before you use CC-licensed material, you should review the terms of the particular license to be sure your anticipated use is permitted. If you wish to use the work in a manner that is not permitted by the license, you should contact the rights holder (often the creator) to get permission first, or look for an alternative work that is licensed in a way that permits your anticipated use. Note that if you use material in a way that is not permitted by the applicable license and your use is not otherwise permitted by an applicable copyright exception or limitation, the license is automatically terminated and you may be liable for copyright infringement, even if you are eligible to have your rights reinstated later.

Before using material offered under a Creative Commons license, you should know that CC licenses only grant permissions needed under copyright and similar rights, and there may be additional rights you need to use it as intended. You should also understand that licensors do not offer warranties or guarantees about the material they are licensing unless expressly indicated otherwise. All materials are licensed “AS IS” and a disclaimer of warranties applies unless expressly provided otherwise. If you want to ask for a warranty or guarantee about rights to use the material, you should talk with the licensor before using it.

Does a Creative Commons license give me all the rights I need to use the work?

It depends. CC licenses do not license rights other than copyright and similar rights (which include sui generis database rights in version 4.0). For example, they do not license trademark or patent rights, or the publicity, personality, and privacy rights of third parties. However, licensors agree to waive or not assert any moral rights, publicity rights, personality rights, or privacy rights they themselves hold, to the limited extent necessary to allow exercise of the licensed rights. Any rights outside of the scope of the license may require clearance (i.e., permission) in order to use the work as you would like.

Additionally, creative works sometimes incorporate works owned by others (known as “third party content”), often used pursuant to a CC license or under an exception or limitation to copyright such as fair use in the U.S. You should make sure you have permission to use any third party content contained in the work you want to use, or that your use is otherwise allowed under the laws of your jurisdiction, particularly in cases such as fair use where your right to use the content depends on the particular context in which you plan to use it.

All CC licenses contain a disclaimer of warranties, meaning that the licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work. You may wish to obtain legal advice before using CC-licensed material if you are not sure whether you have all the rights you need.

What if there are sui generis database rights that apply to my use of a CC-licensed database?

In the somewhat limited circumstances where sui generis database rights apply to your use, special conditions apply and there are more specific considerations you should be aware of. Under 4.0, sui generis database rights are licensed alongside copyright, but the treatment in earlier versions of the license varies. A fuller explanation of these variations and related considerations is available in the Data FAQ.

Where can I find material offered under a CC license?

If you are looking for material offered under a Creative Commons license, CC Search is a good starting point. There is also a directory of organizations and individuals who use CC licenses. Some media sites, such as Flickr, have search filters for material licensed using CC’s licenses.

Be sure to confirm that the material you want to use is actually under a CC license, as search results may sometimes be misleading.

Are Creative Commons works really free to use?

Yes. While many if not most CC-licensed works are available at no cost, some licensors charge for initial access to CC-licensed works—for example, by publishing CC-licensed content only to subscribers, or by charging for downloads. However, even if you have paid an access charge, once you have a copy of CC-licensed material, you may make any further uses permitted by the license without paying licensing fees.

(If you wish to make uses that are not permitted by the license—for example, making a commercial use of an NC-licensed photo—the licensor may charge for those additional rights.)

What should I know about differences between the international licenses and the ported licenses?

As a licensee, you should always read and understand the relevant license’s legal code before using CC-licensed material, particularly if you are using material that is licensed using a ported license with which you are unfamiliar. Our porting process involved adapting the international licenses to the legal framework of different jurisdictions, and in that process slight adjustments may have been made that you should make yourself aware of in advance of using the material. You can find more information about the ported licenses in the Jurisdiction Database.

There are currently no ported versions of 4.0, and we expect there will be few, if any, in the future. All official translations of the 4.0 international licenses are equivalent: you may substitute one for another depending on your preferred language.

However, the ported versions of 3.0 and earlier sometimes contain small differences from the international license depending on the ways in which they have been adapted to their jurisdictions. For example, a handful of the ported licenses contain provisions specifying which laws will apply in the event the licensor chooses to enforce the license, and a few of the ported licenses contain forum selection clauses.

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Contact the rights holders to ask for permission. Otherwise, unless an exception or limitation to copyright applies, your use of the material may violate the Creative Commons license. If you violate the terms of the license, your rights to use the material will be automatically terminated, and you may be liable for copyright infringement.

Do I always have to comply with the license terms? If not, what are the exceptions?

You need to comply with the license terms if what you are doing would otherwise require permission from the rights holder. If your use would not require permission from the rights holder because it falls under an exception or limitation, such as fair use, or because the material has come into the public domain, the license does not apply, and you do not need to comply with its terms and conditions. Additionally, if you are using an excerpt small enough to be uncopyrightable, the license does not apply to your use, and you do not need to comply with its terms.

However, if you are using excerpts of CC-licensed material which individually are minimal and do not require license compliance, but together make up a significant copyrightable chunk, you must comply with the license terms. For example, if you quote many individual lines from a poem across several sections of a blog post, and your use is not a fair use, you must comply with the license even though no individual line would have been a substantial enough portion of the work to require this.

Attribution

How do I properly attribute material offered under a Creative Commons license?

All CC licenses require users to attribute the creator of licensed material, unless the creator has waived that requirement, not supplied a name, or asked that her name be removed. Additionally, you must retain a copyright notice, a link to the license (or to the deed), a license notice, a notice about the disclaimer of warranties, and a URI if reasonable. For versions prior to 4.0, you must also provide the title of the work. (Though it is not a requirement in 4.0, it is still recommended if one is supplied.)

You must also indicate if you have modified the work—for example, if you have taken an excerpt, or cropped a photo. (For versions prior to 4.0, this is only required if you have created an adaptation by contributing your own creative material, but it is recommended even when not required.) It is not necessary to note trivial alterations, such as correcting a typo or changing a font size. Finally, you must retain an indication of previous modifications to the work.

CC licenses have a flexible attribution requirement, so there is not necessarily one correct way to provide attribution. The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner. Additionally, you may satisfy the attribution requirement by providing a link to a place where the attribution information may be found.

While the attribution requirements in the license are the minimum requirement, we always recommend that you follow the best practices for the kind of use you are making. For example, if you are using scientific data marked with CC0, you are not required to give attribution at all, but we recommend that you give the same credit you would give to any other source—not because the license requires it, but because that is the standard for letting others know the source of the data.

The CC website offers some best practices to help you attribute properly, and the CC Australia team has developed a helpful guide to attributing CC-licensed material (.pdf) in different formats. Note that the attribution and marking requirements vary slightly among license versions. See here for a chart comparing the specific requirements.

Do I need to be aware of anything else when providing attribution?

Yes. You need to be careful not to imply any sponsorship, endorsement, or connection with the licensor or attribution party without their permission. Wrongfully implying that a creator, publisher, or anyone else endorses you or your use of a work may be unlawful. Creative Commons makes the obligation not to imply endorsement explicit in its licenses. In addition, if the licensor of a work requests that you remove the identifying credit, you must do so to the extent practical.

Additionally, when you are using a work that is an adaptation of one or more pre-existing works, you may need to give credit to the creator(s) of the pre-existing work(s), in addition to giving credit to the creator of the adaptation.

Do I always have to attribute the creator of the licensed material?

You must attribute the creator when you provide material to the public by any means that is restricted by copyright or similar rights. If you are using the material personally but are not making it or any adaptations of it available to others, you do not have to attribute the licensor. Similarly, if you are only distributing the material or adaptations of it within your company or organization, you do not have to comply with the attribution requirement. Learn more about when compliance with the license is not required.

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such.

Can I take a CC-licensed work and use it in a different format?

Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.

This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work.

How do I know if a low-resolution photo and a high-resolution photo are the same work?

As with most copyright questions, it will depend on applicable law. Generally, to be different works under copyright law, there must be expressive or original choices made that make one work a separate and distinct work from another. The determination depends on the standards for copyright in the relevant jurisdiction.

Under U.S. copyright law, for example, mechanical reproduction of a work into a different format is unlikely to create a separate, new work. Consequently, digitally enhancing or changing the format of a work absent some originality, such as expressive choices made in the enhancement or encoding, will not likely create a separate work for copyright purposes. The creative bar is low, but it is not non-existent. Accordingly, in some jurisdictions releasing a photograph under a CC license will give the public permission to reuse the photograph in a different resolution.

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

The NoDerivs licenses (BY-ND and BY-NC-ND) prohibit reusers from creating adaptations. What constitutes an adaptation, otherwise known as a derivative work, varies slightly based on the law of the relevant jurisdiction.

Incorporating an unaltered excerpt from an ND-licensed work into a larger work only creates an adaptation if the larger work can be said to be built upon and derived from the work from which the excerpt was taken. Generally, no derivative work is made of the original from which the excerpt was taken when the excerpt is used to illuminate an idea or provide an example in another larger work. Instead, only the reproduction right of the original copyright holder is being exercised by person reusing the excerpt. All CC licenses grant the right to reproduce a CC-licensed work for noncommercial purposes (at a minimum). For example, a person could make copies of one chapter of an ND-licensed book and not be in violation of the license so long as other conditions of the license are met.

There are exceptions to that general rule, however, when the excerpts are combined with other material in a way that creates some new version of the original from which the excerpt is taken. For example, if a portion of a song was used as part of a new song, that may rise to the level of creating an adaptation of the original song, even though only a portion of it was used and even if that portion was used as-is.

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

No. When you receive material under a Creative Commons license, you may not place additional terms and conditions on the reuse of the work. This includes using effective technological measures (ETMs) that would restrict a licensee’s ability to exercise the licensed rights.

A technological measure is considered an ETM if circumventing it carries penalties under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements. Generally, this means that the anti-circumvention laws of various jurisdictions would cover attempts to break it.

For example, if you remix a CC-licensed song, and you wish to share it on a music site that places digital copy-restriction on all uploaded files, you may not do this without express permission from the licensor. However, if you upload that same file to your own site or any other site that does not apply DRM to the file, and a listener chooses to stream it through an app that applies DRM, you have not violated the license.

Note that merely converting material into a different format that is difficult to access or is only available for certain platforms does not violate the restriction; you may do this without violating the license terms.

Can I share CC-licensed material on password-protected sites?

Yes. This is not considered to be a prohibited measure, so long as the protection is merely limiting who may access the content, and does not restrict the authorized recipients from exercising the licensed rights. For example, you may post material under any CC license on a site restricted to members of a certain school, or to paying customers, but you may not place effective technological measures (including DRM) on the files that prevents them from sharing the material elsewhere.

(Note that charging for access may not be permitted with NC-licensed material; however, it is not disallowed by the restriction on ETMs.)

Can I share CC-licensed material on file-sharing networks?

Yes. All CC licenses allow redistribution of the unmodified material by any means, including distribution via file-sharing networks. Note that file-trading is expressly considered to be noncommercial for purposes of compliance with the NC licenses. Barter of NC-licensed material for other items of value is not permitted.

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

If you have received material under a CC license that is encumbered with effective technological measures (such as digital rights management or DRM), you may or may not be permitted to break it, depending on the circumstances. By releasing material under a CC license, the licensor agrees not to assert any rights she may have to prevent the circumvention of effective technological measures. (Under the 3.0 and earlier licenses, this is implied but not explicit.) However, if she has uploaded it to a site or other distribution channel that itself applies such measures, that site may have the right to prevent you from breaking them, even though the licensor herself cannot do so.

Note that anti-circumvention laws can impose criminal liability in some jurisdictions.

What if I have received CC-licensed material with additional restrictions?

It is possible that CC-licensed material will appear on platforms that impose terms in addition to the copyright license (though Creative Commons strongly discourages restrictions that interfere with exercise of the licensed rights). These additional terms do not form part of the license for the work. For example, if you download CC-licensed material from a site that does not permit downloading, you may be breaking the terms of use of the site, but you are not infringing the CC license. See our guide to Modifying the CC licenses for more guidance and information.

Combining and adapting CC material

When is my use considered an adaptation?

Whether a modification of licensed material is considered an adaptation for the purpose of CC licenses depends primarily on the applicable copyright law. Copyright law reserves to an original creator the right to create adaptations of the original work. CC licenses that allow for adaptations to be shared—all except BY-ND and BY-NC-ND—grant permission to others to create and redistribute adaptations when doing so would otherwise constitute a violation of applicable copyright law. Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable, such as a translation of a novel from one language to another, or the creation of a screenplay based on a novel.

Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation, whether or not it would be considered so under applicable law. Also, under version 4.0, certain uses of databases restricted by sui generis database rights also constitute adaptations (called “Adapted Material” in the 4.0 licenses), whether or not they would be considered adaptations under copyright law. For more details about adaptations in the database context, see the Data FAQ.

Note that all CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license.

Note on terminology: throughout these FAQs, we use the term “remix” interchangeably with “adapt.” Both are designed to mean doing something that constitutes an adaptation under copyright law.

Can I combine material under different Creative Commons licenses in my work?

It depends. The first question to ask is whether doing so constitutes an adaptation. If the combination does not create an adaptation, then you may combine any CC-licensed content so long as you provide attribution and comply with the NonCommercial restriction if it applies. If you want to combine material in a way that results in the creation of an adaptation (i.e. a “remix”), then you must pay attention to the particular license that applies to the content you want to combine.

The NoDerivatives licenses do not permit remixing except for private use (the pre-4.0 licenses do not permit remixing at all, except as allowed by exceptions and limitations to copyright). All the other CC licenses allow remixes, but may impose limitations or conditions on how the remix may be used. For example, if you create a remix with material licensed under a ShareAlike license, you need to make sure that all of the material contributed to the remix is licensed under the same license or one that CC has named as compatible, and you must properly credit all of the sources with the required attribution and license information. Similarly, if you want to use a remix for commercial purposes, you cannot incorporate material released under one of the NonCommercial licenses.

The chart below shows which CC-licensed material can be remixed. To use the chart, find a license on the left column and on the top right row. If there is a check mark in the box where that row and column intersect, then the works can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies. See below for details on how remixes may be licensed.

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If you make adaptations of material under a CC license (i.e. “remix”), the original CC license always applies to the material you are adapting even once adapted. The license you may choose for your own contribution (called your “adapter’s license”) depends on which license applies to the original material. Recipients of the adaptation must comply with both the CC license on the original and your adapter’s license.

  • BY and BY-NC material

When remixing BY or BY-NC material, it is generally recommended that your adapter’s license include at least the same license elements as the license applied to the original material. This eases reuse for downstream users because they are able to satisfy both licenses by complying with the adapter’s license. For example, if you adapt material licensed under BY-NC, your adapter’s license should also contain the NC restriction. See the chart below for more details.

  • BY-SA and BY-NC-SA material

In general, when remixing ShareAlike content, your adapter’s license must be the same license as the license on the material you are adapting. All licenses after version 1.0 also allow you to license your contributions under a later version of the same license, and some also allow ported licenses. (See the license versions page for details.) If you wish to adapt material under BY-SA or BY-NC-SA and release your contributions under a non-CC license, you should visit the Compatibility page to see which options are allowed.

  • BY-ND and BY-NC-ND material

The BY-ND and BY-NC-ND licenses do not permit distribution of adaptations (also known as remixes or derivative works), and prohibits the creation of adaptations under the pre-4.0 versions of those licenses. Since you may not share remixes of these materials at all, there is no compatibility with other licenses. (Note that the ND licenses do allow you to reproduce the material in unmodified form together with other material in a collection, as indicated in the next FAQ.)

  • Adapter’s license chart

The chart below details the CC license(s) you may use as your adapter’s license. When creating an adaptation of material under the license identified in the lefthand column, you may license your contributions to the adaptation under one of the licenses indicated on the top row if the corresponding box is green. CC does not recommend using a license if the corresponding box is yellow, although doing so is technically permitted by the terms of the license. If you do, you should take additional care to mark the adaptation as involving multiple copyrights under different terms so that downstream users are aware of their obligations to comply with the licenses from all rights holders. Dark gray boxes indicate those licenses that you may not use as your adapter’s license.

Adapter’s license chart Adapter’s license
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work PD              
BY              
BY-NC              
BY-NC-ND              
BY-NC-SA              
BY-ND              
BY-SA              
Abbreviation Key

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

All Creative Commons licenses (including the version 4.0 licenses) allow licensed material to be included in collections such as anthologies, encyclopedias, and broadcasts. You may choose a license for the collection, however this does not change the license applicable to the original material.

When you include CC-licensed content in a collection, you still must adhere to the license conditions governing your use of the material incorporated. For example, material under any of the Creative Commons NonCommercial licenses cannot be used commercially. The table below indicates what type of CC-licensed works you may incorporate into collections licensed for commercial and noncommercial uses.

Original Work Commercial Collection (BY, BY-SA, BY-ND) NonCommercial Collection (BY-NC, BY-NC-SA, BY-NC-ND)
PD    
BY    
BY-NC    
BY-NC-ND    
BY-NC-SA    
BY-ND    
BY-SA    

License termination

When do Creative Commons licenses expire?

Creative Commons licenses expire when the underlying copyright and similar rights expire.

Note that the relevant rights may expire at different times. For example, you may have a CC-licensed song where the rights in the musical arrangement expire before the rights in the lyrics. In this case, when the copyright in the music expires, you may use it without being required to comply with the conditions of the CC license; however, you must still comply with the license if you use the lyrics.

What happens if the author decides to revoke the CC license to material I am using?

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms. Of course, you may choose to respect the licensor’s wishes and stop using the work.

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

All of the CC licenses terminate if you fail to follow the license conditions. If this happens, you no longer have a license to use the material.

In the 4.0 licenses, your rights under the license are automatically reinstated if you correct this failure within 30 days of discovering the violation (either on your own or because the licensor or someone else has told you). Under the 3.0 and earlier licenses, there is no automatic reinstatement.

If you have lost your rights under a CC license and are not entitled to automatic reinstatement, you may regain your rights under the license if the licensor expressly grants you permission. You cannot simply re-download the material to get a new license.

Note that you may still be liable for damages for copyright infringement for the period where you were not in compliance with the license.

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

The Creative Commons licenses have three layers, as does the CC0 public domain dedication: the human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The Public Domain Mark is not legally operative, and so has only two layers: the human-readable mark and machine-readable metadata.

When material is licensed using any of the CC licenses or tools, it is highly recommended that a CC button, text, or other marker somehow accompany it. There are many possible modes for marking. For our licenses, people generally use the CC license chooser to generate HTML code that can be pasted into the webpage where the licensed material is published. CC0 and the Public Domain Mark have a separate chooser. Many platforms and web services such as Flickr and Drupal support CC licensing directly, allowing you to select an appropriate license. The service then properly marks the work for you.

CC has published some best practices for marking your CC-licensed material, and recommends:

  • Including a visual indicator (some combination of text and images) that the work is licensed with one of the CC licenses.
  • Clearly indicating what material is covered under the CC license, especially if it’s presented alongside non-licensed materials.
  • Including a link to the human-readable deed (which itself contains a link to the legal code).
  • Embedding machine-readable metadata in the code of the license indicator or code of the licensed page.

See the marking page for more details.

What does it mean that Creative Commons licenses are “machine-readable”?

Creative Commons has specified CC REL as a way to associate machine-readable licensing metadata with objects offered under CC licenses.

Before Creative Commons developed this vocabulary, it was difficult for a machine to ascertain whether an object was marked with a CC license. There was also no standard, predictable place to house metadata about that license (for example, the source URL of the work or the required mode of attribution).

Machine-readable metadata based on well-accepted metadata standards creates a platform upon which new services and applications can be built. Software and services can detect CC licenses and the details of that license, as described by the metadata. For example, on many websites and search engines such as Google and Flickr, you can run filtered searches for works offered under specific CC licenses. In addition, CC license deeds can automatically create copy-and-paste attribution code so users may easily comply with the BY condition of the licenses. When you click on a CC license or button from a page with license metadata, you get copy-and-paste attribution HTML within that license deed page. That HTML is based on available RDFa metadata in the original material.

All HTML provided by the CC license chooser is automatically annotated with metadata in RDFa format.

What is RDFa?

RDFa is a method for embedding structured data in a web page. For more information about RDFa, see the following resources:

What is CC REL and why does Creative Commons recommend it?

Creative Commons Rights Expression Language (CC REL) renders information about licenses and works machine-readable through standards that define the semantic web. Creative Commons wants to make it easy for creators and scientists to build upon the works of others when they choose; licensing your work for reuse and finding properly licensed works to reuse should be easy. CC recommends that you mark your licensed works with CC REL. The Creative Commons license chooser provides HTML annotated with CC REL, while the Creative Commons deeds recognize CC REL on web pages with works offered under a CC license, and use this metadata to enhance the deed for properly marked-up works, e.g., by providing copy and paste HTML that includes work attribution.

For more background information on CC REL, please refer to this paper.

What does it mean for a search engine to be CC-enabled?

Some search engines (like Google) allow people to filter their search results by usage rights so that you can limit your search results according to the particular CC license you seek. For example, if you are looking for a photo to adapt, you can filter your search to return photos that have a CC license that permits creation of adaptations. You can generally find this search feature on the advanced search page of your selected search engine. You can also use CC Search, which offers a convenient interface to search and a list of those content providers that support searches for content based on usage rights.

Please note, however, that you should always double check to make sure that the work you locate through a search is licensed as you wish.

How do I give users of my site the option to use CC licensing like Flickr does?

Creative Commons provides tools for integrating license selection with your site. You can find an overview at the Web Integration article on the CC wiki. The Partner Interface is a good way to get started and will always have the most up-to-date license versions and translations. However, there is also an API available if you want more control.

How can I change or remove the Creative Commons search option built into the Firefox browser?

Mozilla has included the Creative Commons search function in many versions of Firefox along with search options for Google, Amazon, and other popular sites. Please take a look at the Firefox article on the CC wiki for an explanation of how to change these features.

If you want to add or remove a particular search option, click on the logo in the search box (for example, the CC logo or the Google logo). This will open the pull down menu, which will allow you to select different search providers. If you choose “Manage Search Engines,” you will be able to add or remove search engines. You can also alter the order in which the search providers appear on the pull down menu.

Is Creative Commons involved in digital rights management (DRM)?

No. CC licenses are a form of rights expression, not rights management. CC provides tools to make it easier for creators and owners to say which rights they reserve and permissions they grant. This is different from digital rights management (or “DRM”), which uses technological protection measures to prevent people from using the work in a way that the owner has not permitted.

CC licenses contain language prohibiting licensees from the use of effective technological measures (including DRM) to prevent access to licensed material: ”You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any such recipient.”

While licensors may apply effective technological measures (ETMs) to their own materials, the licensor provides a limited permission to circumvent these measures: “The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures.” Note that this only applies to effective technological measures applied by licensors themselves: third parties such as distribution platforms may still apply ETMs if the licensor uploads there, and the license is not able to grant you permission to circumvent it.

Copyright law grants exclusive rights to creators of original works of authorship. National laws usually extend protections to such works automatically once fixed in a tangible medium, prohibiting the making of copies without the rights holder’s permission, among other things. On the internet, even the most basic activities involve making copies of copyrighted content. As content is increasingly uploaded, downloaded, and shared online, copyright law is becoming more relevant to more people than it was 20 years ago. Unfortunately, infringing copyrights—even unintentionally or unknowingly—can lead to liability. Successful navigation of the internet requires some understanding of copyright law.

What is the public domain?

The public domain of copyright refers to the aggregate of those works that are not restricted by copyright within a given jurisdiction. A work may be part of the public domain because the applicable term of copyright has expired, because the rights holder surrendered copyright in the work with a tool like CC0, or because the work did not meet the applicable standards for copyrightability.

Because the public domain depends on the copyright laws in force within a particular territory, sometimes a work may be considered “in the public domain” of one jurisdiction, but not in another. For example, U.S. government works are automatically in the public domain under U.S. copyright law, but might be restricted by copyright in other countries.

The Public Domain Manifesto, the University Libraries page, and the CC0 FAQs all contain additional information about the public domain.

Copyright in most jurisdictions attaches automatically without need for any formality once a creative work is fixed in tangible form (i.e. the minute you put pen to paper, take a photo, or hit the “save” button on your computer).

In some jurisdictions, creators may be required to register with a national agency in order to enforce copyright in court. If you would like more information, please consult the Berne Convention or your jurisdiction’s copyright law.

Although you do not have to apply a copyright notice for your work to be protected, it may be a useful tool to clearly signal to people that the work is yours. It also tells the public who to contact about the work.

What is an adaptation?

An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.

In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter’s personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil’s copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction’s copyright law for more information.

What are moral rights?

Copyright laws in many jurisdictions around the world grant creators “moral rights” in addition to the economic or commercial right to exploit their creative works. Moral rights protect the personal and reputational value of a work for its creator. Moral rights differ by country, and can include the right of attribution, the right to have a work published anonymously or pseudonymously, and/or the right to the integrity of the work. The moral right of integrity may provide creators with a source for redress if an adaptation represents derogatory treatment of their work, typically defined as “distortion or mutilation” of the work or treatment that is “prejudicial to the honor, or reputation of the author.” Not all jurisdictions provide for moral rights.

The CC licenses are intended to minimize the effect of moral rights on a licensee’s ability to use licensed material; however, in some jurisdictions, these rights may still have an effect. CC offers some additional information on how CC licenses may affect your moral rights.

What are neighboring rights?

Copyright provides an incentive to create works by providing exclusive rights to creators. However, the distribution or exploitation of a work often involves more than just the creator. For example, if someone writes a song, someone else may perform the song, and another may produce the recording of the song. Some jurisdictions extend copyright to the contributions made by these persons; other jurisdictions extend such exclusive rights in the form of neighboring rights. Neighboring rights may include performers’ rights or broadcasters’ rights, among others. The Rome Convention sets forth some guidelines on the scope of neighboring rights. Not all jurisdictions recognize neighboring rights.

What are sui generis database rights?

Sui generis database rights grant qualifying database makers the right to prohibit the extraction and reuse of a substantial portion of a database. The rights are granted to database makers that make a substantial investment of time and resources to create the database. Sui generis database rights are primarily enacted within the European Union and a handful of other jurisdictions.

What are collecting societies?

Collecting societies are copyright management organizations. Some examples of collecting societies include ASCAP and BMI (United States), BUMA/STEMRA (Netherlands), PRS (United Kingdom), and APRA (Australia). These societies license works on behalf of their owners and process royalty payments from parties using the copyrighted works.

CC offers additional information on how collecting societies might affect your rights and your ability to apply CC licenses to your work. CC has several pilots underway with collecting societies that have chosen to allow their members to use CC licenses on a limited basis.

What are publicity, personality, and privacy rights?

These terms are used differently in different jurisdictions. Generally speaking, these rights allow individuals to control the use of their voice, image, likeness, or other identifiable aspect of their identity, especially for purposes of commercial exploitation. Similarly, in some jurisdictions these rights allow people to restrict others’ ability to publish information about them without their permission. Whether and to what extent these rights exist, and if so, how they are labeled, varies depending on the jurisdiction.

Creative Commons licenses have a limited effect on these rights where the licensor holds them. Where the licensor has publicity, personality, or privacy rights that may affect your ability to use the material as the license intends, the licensor agrees to waive or not assert those rights. However, any such rights not held by the licensor are not affected and may still affect your desired use of a licensed work. If you have created a work or wish to use a work that might in some way implicate these rights, you may need to obtain permission from the individuals whose rights may be affected.

Data

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

: Uses of CC Licenses with Data and Databases : Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker’s investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [marking page]https://wiki.creativecommons.org/wiki/Marking_your_work_with_a_CC_license “wikilink”) for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights–but not copyright–are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.1 These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker’s substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Artificial intelligence and CC licenses

What are the limits on how CC-licensed works can be used in the development of new technologies, such as training of artificial intelligence software?

The licenses grant permission for reuse in any situation that requires permission under copyright. There are many ways in which CC-licensed work works and even all rights reserved works can be reused without permission. This includes uses that are fair uses, for example.

If someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected. This is one of the enduring qualities of our licenses — they have been carefully designed to work with all new technologies where copyright comes into play. No special or explicit permission regarding new technologies from a copyright perspective is required.

But what about privacy laws, rules governing ethical research, and data protection laws?

CC’s copyright licenses are not universal policy tools. Copyright is the primary obstacle to reuse that our licenses solve, but there are many other issues related to the reuse of content that our licenses do not address and that reusers should be aware of. These can include privacy and rules governing ethical research and the collection or use of data, which have to be addressed and respected separate and apart from the copyright issues that CC licenses cover.

What attribution obligations exist when CC-licensed images are included in a published dataset? Is linking to the original image or URI required, and if so, is it adequate?

It depends. First, keep in mind that CC licenses never limit uses that copyright doesn’t control. For example, as a general matter text and data mining in the United States is considered a fair use and does not require permission under copyright. This means that reusers engaged in text and data mining do not have to adhere to the marking and attribution requirements in our licenses for that activity even though we strongly recommend they do so anyway. A second example is linking. In some countries, linking to copyrighted content doesn’t require permission under copyright law, which means the CC license obligations do not come into play even though the linked content is CC-licensed.

Where a CC-licensed work is distributed as part of a database or dataset, and assuming copyright (or in the European Union, copyright or sui generis database rights) is triggered, then the license conditions must be respected. This means providing the required attribution information in a way that is reasonable under the circumstances. Our licenses allow for some flexibility, and in some cases that may be as simple as providing a link to the website where the relevant attribution information is provided. Visit our marking practices page for more information.

If a for-profit company uses CC-licensed content under a Non Commercial license and releases the work under terms that allow only research purposes, is the NC restriction violated?

This depends on whether any of the uses made of the works by the company, whether for profit or non profit, are primarily intended for commercial advantage or monetary compensation. This is hard to know without having all of the facts about how a work was used, whether internally by the company for its own purposes or how the work was distributed for further use. Visit our NC page for more information about what constitutes commercial and non commercial uses of works.

If NC-licensed content is redistributed to the public under an NC license, that distribution would not violate the NC clause. (Note that CC strongly discourages the use of any license terms other than a CC NC license for redistributions of NC-licensed content.)

If CC SA-licensed content is included in a database, does the entire database have to be licensed under an SA license?

CC licenses never require a reuser of a CC-licensed work to make the original work or resulting works (collections, derivatives, etc.) publicly available. There are lots of private reuses of works that are permitted by CC’s licenses that do not require compliance with their terms. Regarding ShareAlike, the condition only applies if a work is modified and if the work is shared publicly. In the situation where a reuser created a dataset of photos and made it publicly available, and assuming copyright permission is required, then what is released is likely a collection or compilation of pre-existing works. CC licenses do not require the collection or the compilation itself to be made available under an SA license, even though each individual work is still licensed individually under an SA license and if they were modified by the distributor the modified photo would need to be licensed under the same terms. For example, were Creative Commons to compile photographs from a photo sharing website under a BY-SA 2.0 license and create a database that it then publicly distributed, CC could license the collection as a whole under a BY license, but the photographs would continue to be licensed under BY-SA 2.0.

What, if any, remedies, do users have if they dislike how their photos or images have been reused?

Several remedies are potentially available. Some may be available if the CC license terms have been violated, and others may be available through other, separate avenues because they involve other laws or regulations that the CC licenses do not cover. It’s important to remember, however, that absent a violation of the license the permissions granted under the license remain in place and cannot be revoked.

  • Under the CC licenses, even if a license condition has not been violated licensors can ask that attribution to them be removed so they can distance themselves from the reuse.
  • For violations of a CC license term where the license was required (not a fair use, etc.) then you may have a claim for copyright infringement. Fortunately, in the CC community most license violations are handled amicably without resorting to the courts.
  • For claims involving laws and regulations other than copyright, recourse may be available depending on your local laws.

An important starting point for any would-be sharer of content under a CC license is to educate yourself in advance about how they work and what rights they do and do not cover. We have many FAQs on our website. We also provide human-readable deeds with links to the full text of our licenses. Additionally, all of our licenses highlight at the beginning many considerations that licensors should have in mind before they license, and considerations for reusers of works before they do so in order to avoid inadvertent violations.

Notes

  1. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).↩

#####EOF##### Open Science - Creative Commons
Creative Commons > What we do > Program areas > Open Science

Open Science

Laboratory Science
Laboratory Science—biomedical, by Bill Dickinson, CC BY-NC-ND 2.0

Open Science is the practice of science in such a way that others can collaborate and contribute, where research data, lab notes and other research processes are freely available, under terms that enable reuse, redistribution and reproduction of the research and its underlying data and methods. -FOSTER Open Science Definition 

For years, Creative Commons has been involved in with projects and policy to enable and support the open sharing of scientific information. The CC licenses and public domain tools are widely used to share scientific research and data. We’ve also created software and developed policy recommendations that make it easier for scholars and policymakers to advocate for open solutions to collaboration and information exchange.

Projects

Science Commons was launched in 2005 with the goal of bringing the openness and sharing that have made Creative Commons licenses a success in the arts and cultural fields to the world of science. Science Commons helped explore the intersection of the web, legal tools, and scholarly publishing for the benefit of scientific discovery, innovation, and collaboration. It has since been re-integrated with Creative Commons and is no longer a discrete project.

Creative Commons launched its Scholar’s Copyright Project in June 2006, with one of the main components being the Scholar’s Copyright Addendum Engine. This tool provides a simple mechanism for scholars to retain copyright over their published material that otherwise would be transferred to the publisher. It has now re-launched and updated in beta on CC Labs. The Termination of Transfer tool has also been released in beta. Once finalized, it will help authors learn if and when they have the right to terminate agreements under U.S. law, and regain their right their right to use CC tools to publish under open access terms.

Policy

The practice of open science is inextricably linked to the dissemination of that research to other scientists, and the public. Much of scientific research is funded by the public, thus there has been an increasing attention to ensuring that there is broad public access to the outputs (articles and data) of publicly funded science. Thus, advocates call for open licensing requirements to be attached to publicly funded research grants. This means that articles developed as a result of public funding must be shared under a liberal open license (such as CC BY) so that everyone else is granted permission to read and re-use that publicly funded research. Such policies are already in place in the UK, and are coming online at the European level, in the United States, and elsewhere.

Universities and philanthropic foundations are also adopting open licensing policies for the research articles and data sets that their faculty and grantees produce.

Resources

PLOSPLOS

PLOS (Public Library of Science) is a nonprofit scientific and medical publishing venture that provides scientists and physicians with high-quality, high-profile journals in which to publish their most important work.

mitMassachusetts Institute of Technology Libraries

MIT Libraries offers a local version of the Scholar’s Copyright Addendum Engine, created by Creative Commons as a means of simplifying the process of implementing an addendum to retain scholarly rights when publishing.

More Resources

#####EOF##### Creative Commons — Attribution-NonCommercial-ShareAlike 4.0 International — CC BY-NC-SA 4.0
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Creative Commons Legal Code

Attribution-NonCommercial-ShareAlike 4.0 International

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Creative Commons Corporation (“Creative Commons”) is not a law firm and does not provide legal services or legal advice. Distribution of Creative Commons public licenses does not create a lawyer-client or other relationship. Creative Commons makes its licenses and related information available on an “as-is” basis. Creative Commons gives no warranties regarding its licenses, any material licensed under their terms and conditions, or any related information. Creative Commons disclaims all liability for damages resulting from their use to the fullest extent possible.

Using Creative Commons Public Licenses

Creative Commons public licenses provide a standard set of terms and conditions that creators and other rights holders may use to share original works of authorship and other material subject to copyright and certain other rights specified in the public license below. The following considerations are for informational purposes only, are not exhaustive, and do not form part of our licenses.

Considerations for licensors: Our public licenses are intended for use by those authorized to give the public permission to use material in ways otherwise restricted by copyright and certain other rights. Our licenses are irrevocable. Licensors should read and understand the terms and conditions of the license they choose before applying it. Licensors should also secure all rights necessary before applying our licenses so that the public can reuse the material as expected. Licensors should clearly mark any material not subject to the license. This includes other CC-licensed material, or material used under an exception or limitation to copyright. More considerations for licensors.

Considerations for the public: By using one of our public licenses, a licensor grants the public permission to use the licensed material under specified terms and conditions. If the licensor’s permission is not necessary for any reason–for example, because of any applicable exception or limitation to copyright–then that use is not regulated by the license. Our licenses grant only permissions under copyright and certain other rights that a licensor has authority to grant. Use of the licensed material may still be restricted for other reasons, including because others have copyright or other rights in the material. A licensor may make special requests, such as asking that all changes be marked or described. Although not required by our licenses, you are encouraged to respect those requests where reasonable. More considerations for the public.

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Public License

By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Public License ("Public License"). To the extent this Public License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Licensed Material available under these terms and conditions.

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    1. Subject to the terms and conditions of this Public License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:
      1. reproduce and Share the Licensed Material, in whole or in part, for NonCommercial purposes only; and
      2. produce, reproduce, and Share Adapted Material for NonCommercial purposes only.
    2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.
    3. Term. The term of this Public License is specified in Section 6(a).
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Your exercise of the Licensed Rights is expressly made subject to the following conditions.

  1. Attribution.

    1. If You Share the Licensed Material (including in modified form), You must:

      1. retain the following if it is supplied by the Licensor with the Licensed Material:
        1. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
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        5. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
      2. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
      3. indicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License.
    2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
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    In addition to the conditions in Section 3(a), if You Share Adapted Material You produce, the following conditions also apply.

    1. The Adapter’s License You apply must be a Creative Commons license with the same License Elements, this version or later, or a BY-NC-SA Compatible License.
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Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:

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  3. You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database.
For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights.

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    For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License.
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#####EOF##### Policy / advocacy / copyright reform Archives - Creative Commons
Creative Commons > Blog > Policy / advocacy / copyright reform

Policy / advocacy / copyright reform

A Dark Day for the Web: EU Parliament Approves Damaging Copyright Rules

Today in Strasbourg, the European Parliament voted 348-274 (with 36 abstentions) to approve the Directive on Copyright in the Digital Single Market. It retains Article 13, the harmful provision that will require nearly all for-profit web platforms to get a license for every user upload or otherwise install content filters and censor content, lest they … Read More “A Dark Day for the Web: EU Parliament Approves Damaging Copyright Rules”

Policy / advocacy / copyright reform

Los europeos deberían decirle al Parlamento que vote NO a los filtros de derechos de autor

Llegó el momento decisivo para el proyecto de directiva sobre derechos de autor en el mercado único digital de la Unión Europea. Las dramáticas consecuencias negativas que traerían los filtros de carga de contenidos serían desastrosas para la visión que Creative Commons tiene como organización y comunidad global. La inclusión del Artículo 13 hace que … Read More “Los europeos deberían decirle al Parlamento que vote NO a los filtros de derechos de autor”

Policy / advocacy / copyright reform

Europeans should tell Parliament to vote NO to copyright filters

It’s the end of the line for the EU’s proposed Directive on Copyright in the Digital Single Market. The dramatic negative effects of upload filters would be disastrous to the vision Creative Commons cares about as an organisation and global community. The continued inclusion of Article 13 makes the directive impossible to support as-is. Last … Read More “Europeans should tell Parliament to vote NO to copyright filters”

Policy / advocacy / copyright reform

EU copyright directive moves into critical final stage

In September 2018 the European Parliament voted to approve drastic changes to copyright law that would negatively affect creativity, freedom of expression, research, and sharing across the EU. Over the last few months the Parliament, Commission, and Council (representing the Member State governments) were engaged in secret talks to come up with a reconciled version … Read More “EU copyright directive moves into critical final stage”

Policy / advocacy / copyright reform

EU’s proposed link tax would [still] harm Creative Commons licensors

In September the European Parliament voted to approve drastic changes to copyright law that would negatively affect creativity, freedom of expression, research, and sharing across the EU. Now the Parliament and Council (representing the Member State governments) are engaged in closed-door negotiations, and their task over the coming months is to come up with a … Read More “EU’s proposed link tax would [still] harm Creative Commons licensors”

Policy / advocacy / copyright reform

What’s next with WIPO’s ill-advised broadcast treaty?

Six years ago we wrote a blog post titled WIPO’s Broadcasting Treaty: Still Harmful, Still Unnecessary. At the time, the proposed treaty — which would grant to broadcasters a separate, exclusive copyright-like right in the signals that they transmit, separate from any copyrights in the content of the transmissions — had already been on WIPO’s docket for … Read More “What’s next with WIPO’s ill-advised broadcast treaty?”

Policy / advocacy / copyright reform

New NAFTA Would Harm Canadian Copyright Reform and Shrink the Public Domain

Late yesterday the U.S., Canada, and Mexico reached an agreement on a new North American Free Trade Agreement (NAFTA). The agreement (now rebranded as the U.S.-Mexico-Canada Agreement, or “USMCA”) obligates Canada to increase its copyright term by an additional 20 years if the deal is passed. Canada currently observes the minimum term of copyright as … Read More “New NAFTA Would Harm Canadian Copyright Reform and Shrink the Public Domain”

Policy / advocacy / copyright reform

With the European Parliament vote on the copyright directive, the internet lost – for now

Today the European Parliament voted 438-226 (with 39 abstentions) to approve drastic changes to copyright law that, if ultimately enacted, would negatively affect creativity, freedom of expression, research, and sharing across the EU. The Parliament voted in favor of almost all provisions that extend more rights to the establishment copyright industries while failing to protect … Read More “With the European Parliament vote on the copyright directive, the internet lost – for now”

Policy / advocacy / copyright reform

It’s now or never: EU copyright must protect access to knowledge and the commons

We’re coming up on a crucial decision on changes to copyright in the European Union that will govern how creativity is accessed and shared for years to come. On 12 September the European Parliament will vote on the draft Directive on Copyright in the Digital Single Market. If you’re in the EU, go to https://saveyourinternet.eu/ … Read More “It’s now or never: EU copyright must protect access to knowledge and the commons”

Policy / advocacy / copyright reform

European Parliament’s Legal Affairs Committee Gives Green Light to Harmful Link Tax and Pervasive Platform Censorship

If you’re in the EU, go to saveyourinternet.eu and tell your MEPs to stop the proposal and reopen the debate. Today, the European Parliament the Legal Affairs Committee voted in favor of the most harmful provisions of the proposed Directive on Copyright in the Digital Single Market. The outcome reflects a disturbing path toward increasing … Read More “European Parliament’s Legal Affairs Committee Gives Green Light to Harmful Link Tax and Pervasive Platform Censorship”

Policy / advocacy / copyright reform
#####EOF##### Contact - Creative Commons
Creative Commons > What we do > Contact

Contact

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#####EOF##### European Commission adopts CC BY and CC0 for sharing information - Creative Commons
Creative Commons > Blog > Legal tools / licenses > European Commission adopts CC BY and CC0 for sharing information

European Commission adopts CC BY and CC0 for sharing information

Timothy Vollmer

April 2, 2019

Last week the European Commission announced it has adopted CC BY 4.0 and CC0 to share published documents, including photos, videos, reports, peer-reviewed studies, and data. The Commission joins other public institutions around the world that use standard, legally interoperable tools like Creative Commons licenses and public domain tools to share a wide range of content they produce. The decision to use CC aims to increase the legal interoperability and ease of reuse of its own materials.

In addition to the use of CC BY, the Commission will also adopt the CC0 Public Domain Dedication to publish works directly in the global public domain, particularly for “raw data resulting from instrument readings, bibliographic data and other metadata.”

The European Commission joins governments such as New Zealand and the Netherlands in using CC licenses and CC0 to share digital resources it creates. Intergovernmental organisations, philanthropic charities, and funding policies already require CC licenses to be applied to the digital outputs of grant funds — to promote reuse of materials in the public good with minimal restrictions.

The decision to require reuse of Commission documents under CC BY and CC0 was determined alongside a study on available reuse implementing instruments and licensing considerations. Until now the Commission had been relying on “reuse notices” (a simple copyright notice with link to the reuse decision) that would accompany covered materials, but this practice produced “unnecessary administrative burdens for reusers and the Commission services alike.”

In 2014 the Commission released a recommendation on using Creative Commons licenses such as CC BY and CC0 Public Domain Dedication in the context of Member States sharing public sector information.

CC BY 4.0 receives top score in license evaluation

The study mentioned above evaluates various options for the Commission to consider for its own documents, including the “reuse notice”, CC licenses, the Open Data Commons licenses, and a potential bespoke Commission licence. Its authors determined that CC BY 4.0 is the license best aligned with the Commission’s principles for reuse. According to the report, CC BY 4.0 is:

  • Universal: it is conceived to be applicable to all documents (at the choice of the licensor);
  • Unrestricted: generally speaking, the only condition is attribution;
  • Simple: there is no need for an application and it is user-friendly;
  • Cost-free: the text of CC-BY does not require payment of fees;
  • Non-discriminatory: terms of CC-BY are open to all potential actors in the market; [and]
  • Transparent: the text of the licence is publicly available, accompanied by supporting documents, guidelines and other material in multiple languages.

The study notes that not all of the CC licenses and CC0 have been translated into the two dozen official EU languages; there are 10 remaining translations for CC 4.0 (some in progress) and 12 for CC0. We are working with the Commission and the CC EU network to complete the remaining translations.  

Amid the disappointment with the vote in the Parliament on the copyright Directive last week, which leans toward a more restricted, less open web, it is heartening to see the Commission make progress on supporting reuse of the digital materials it creates and shares. We also look forward to upcoming vote this week on the recast of the Public Sector Information (PSI) Directive. This vote could increase the availability of PSI by bringing new types of publicly funded data into the scope of the directive, and provide improved guidance on open licensing, acceptable formats, and rules on charging.  

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#####EOF##### Los europeos deberían decirle al Parlamento que vote NO a los filtros de derechos de autor - Creative Commons
Creative Commons > Blog > Policy / advocacy / copyright reform > Los europeos deberían decirle al Parlamento que vote NO a los filtros de derechos de autor

Los europeos deberían decirle al Parlamento que vote NO a los filtros de derechos de autor

March 21, 2019

Llegó el momento decisivo para el proyecto de directiva sobre derechos de autor en el mercado único digital de la Unión Europea. Las dramáticas consecuencias negativas que traerían los filtros de carga de contenidos serían desastrosas para la visión que Creative Commons tiene como organización y comunidad global. La inclusión del Artículo 13 hace que la directiva sea imposible de apoyar tal como está.

El mes pasado, el Parlamento, el Consejo y la Comisión europeos completaron sus negociaciones y llegaron a un acuerdo final sobre el texto de la directiva de derechos de autor. Poco después, los embajadores de los Estados miembros de la UE y la comisión de asuntos jurídicos del Parlamento le dieron luz verde, lo que ahora lleva a una votación final en la sesión plenaria del Parlamento programada para el 26 de marzo.

La semana próxima, los 751 eurodiputados votarán entre adoptar la directiva de derechos de autor o descartarla para volver a empezar de cero.

Los filtros de contenidos modificarán la forma en que funciona la web

Desde una perspectiva de derechos de autor, el Artículo 13 da vuelta el modo en que funciona la web. Obligará a casi todas las plataformas web con fines de lucro que permiten la carga de contenidos generados por los usuarios a que obtengan una licencia para todas las cargas de los usuarios o instalen filtros de derechos de autor y censuren contenidos. Si las plataformas no cumplen, podrían ser legalmente responsables ante demandas por perjuicios masivos por infracción de derechos de autor. El resultado lógico es que esto dañará las plataformas existentes y evitará la creación y el florecimiento de servicios nuevos e innovadores en Europa porque esos nuevos actores no tienen el dinero, la capacidad ni la experiencia para llevar a cabo acuerdos de licenciamiento, o para construir (o contratar) las tecnologías de filtrado necesarias. Por el contrario, las corporaciones ya establecidas se consolidarán aún más y se volverán más dominantes, ya que los servicios como YouTube tienen una ventaja en ambos frentes. No podemos respaldar un ecosistema de derechos de autor que afianzará el amplio poder de mercado de los actores tradicionales y que, al mismo tiempo, creará obstáculos innecesarios para nuevas plataformas y servicios que estimulen la creatividad y el intercambio.

Esta inversión del régimen de responsabilidad, que en los hechos obliga a que sean implementados filtros de contenidos, tiene otra consecuencia desconcertante: los derechos de los usuarios son echados por tierra, porque las tecnologías de filtrado no pueden distinguir cuándo una obra se está subiendo de manera ilícita y cuándo se está utilizando legalmente bajo una excepción a los derechos de autor. Un sistema de este tipo casi seguramente restringirá la libertad de expresión, ya que las plataformas evitarán cualquier riesgo bloqueando el contenido, independientemente de si el uso está protegido por excepciones a los derechos de autor, como por ejemplo las excepciones que habilitan la crítica, la cita y la parodia.

El camino hasta aquí

En los últimos años, Creative Commons ha estado trabajando para respaldar cambios a los derechos de autor en Europa, con el objetivo de favorecer los bienes comunes y el interés público. Hemos hecho esto como parte de la Asociación Communia, en conjunto con organizaciones de la sociedad civil, grupos de investigación, activistas por los derechos de los usuarios y defensores de la web abierta. CC envió comentarios a la consulta inicial de la Comisión Europea, realizó un documento conjunto de análisis y recomendaciones elaborado por nuestra red en Europa, abogó por proteger la investigación científica y brindó recomendaciones de votación sobre muchas disposiciones de la directiva de derechos de autor.

Communia y otras organizaciones no gubernamentales europeas han apoyado cambios positivos en aspectos clave de la reforma que beneficiarían la investigación, la educación y el bien público. En particular, han trabajado para mejorar las excepciones para la minería de datos y de textos, así como las excepciones para la educación, y han propuesto cambios para apoyar el dominio público y para mejorar la capacidad de las instituciones que preservan el patrimonio cultural para poner a disposición los contenidos en línea. Son dignos de celebración los esfuerzos incansables de las organizaciones e individuos que han tomado la iniciativa para defender los bienes comunes y para mejorar varias partes de la directiva con el objetivo de respaldar los derechos de los usuarios. Su investigación detallada, sus aportes de redacción y su activismo han contribuido en gran medida para mejorar muchas partes poco conocidas pero enormemente importantes de la directiva.

Qué puedes hacer ahora

En CC creemos que nuestra visión de acceso universal a la investigación y a la educación, así como de plena participación en la cultura, solo se logrará cuando tengamos políticas de derechos de autor que realmente promuevan la creatividad y protejan los derechos de los usuarios en la era digital. Con el Artículo 13, no es exagerado decir que ocurrirá un cambio fundamental en la forma en que las personas pueden usar Internet y compartir contenidos en línea. A pesar de las pequeñas mejoras en otros aspectos del paquete de reforma de los derechos de autor, en el balance general una directiva que contiene el Artículo 13 hará más daño que beneficio.

Si estás en Europa, ve a https://saveyourinternet.eu/act/ para informarles a tus diputados del Parlamento Europeo que no apoyas una reforma de los derechos de autor que afecta la forma en que creamos y compartimos cultura en la web. Si el Artículo 13 no se puede eliminar, los legisladores deberían rechazar la reforma completa y comenzar de nuevo.

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#####EOF##### Commonwealth of Learning adopts CC BY-SA as part of new OER policy - Creative Commons
Creative Commons > Blog > Weblog > Commonwealth of Learning adopts CC BY-SA as part of new OER policy

Commonwealth of Learning adopts CC BY-SA as part of new OER policy

Jane Park

June 14, 2011

The Commonwealth of Learning (COL), an intergovernmental organization that “helps governments and institutions to expand the scope, scale and quality of learning,” has defined a new policy on open educational resources (OER). In addition to recognizing the importance of OER for teaching, learning, and collaboration among institutions and governments, the Commonwealth of Learning states that it will “encourage and support governments and institutions to establish supportive policy frameworks to introduce practices relating to OER.”

The new policy specifies that COL will “release its own materials under the most feasible open licenses including the Creative Commons CC-BY-SA license.” The CC BY-SA license is currently used for more than 17 million Wikipedia articles in 270 languages, not to mention a plethora of other Wikimedia Foundation projects. Furthermore the CC BY license is compatible with CC BY-SA, and CC BY is used by OER platforms like Connexions and Curriki.org.

We are thrilled at this new development by COL, one of the leading intergovernmental organizations in education! Read the full policy here, and learn more about how IGOs benefit by adopting Creative Commons licenses for their own works.

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#####EOF##### Creative Commons Platforms - Creative Commons
Creative Commons > What we do > Creative Commons Platforms

Creative Commons Platforms

Over 1 billion CC-licensed works exist across millions of websites. The majority are hosted on content platforms that provide CC license options for their users.

CC platforms make it easy for users to discover and collaborate on images, video, music, research and educational texts. This page highlights some of the best known platforms for sharing CC content. Content on these platforms is searchable and shareable across the web thanks to CC licenses.

  • Flickr
  • Bandcamp
  • Wikipedia
  • YouTube
  • 500px
  • Internet Archive
  • Vimeo
  • Wikimedia Commons
  • Free Music Archive
  • Skills Commons
  • Boundless
  • Europeana
  • Tribe of Noise
  • Jamendo
  • MIT OpenCourseware
  • PLOS

Enabling the CC license suite for your users

We work to transform content platforms into vibrant, creative spaces powered by users. Creative Commons Integration, from A to Z is a toolkit for platforms that want to address the increasing user demand for sharing content under CC licenses. The toolkit covers everything a platform needs to add the CC license suite, including aligning terms of service, integrating CC licenses into the user interface, and clearly communicating about the different license options for users. The toolkit is free for anyone to implement; please use it as an onboarding tool and contact us with any questions.

Learn More

Content collaborations: light up the Commons

For Creative Commons, the global commons is a platform for cooperation. The size of the commons is not as important as how the works it contains are shared and used. Adding the CC license suite is just the first step in joining a vast global network of creators, companies, and institutions who are working to build context, gratitude, and other mechanisms for collaboration into the commons. We work with platforms who share our values to design tools and services that light up this universe of content and creators. Part of this is working to increase cross-platform mobility of content; another part is tracking growth and use of the content itself and reporting on major trends in our annual State of the Commons report. In addition to growth of content and users, what is your platform seeking to do and how can CC help you do it? Please get in touch if you are interested in any of the following:

  • Improved search, curation, metatagging, and content analytics to better support creators and users of the commons.
  • Providing data to be featured in our annual State of the Commons report.
  • Development of tools and services that build context, gratitude, and other mechanisms for collaboration into the commons.
  • Salons and related events exploring the topics of gratitude, cooperation, and its expression in social networks.
  • Other collaborations that facilitate greater cooperation and engagement in the commons.

#####EOF##### CC Newsletter - Creative Commons
Creative Commons > What we do > Contact > CC Newsletter

CC Newsletter

The CC mailing list is an excellent resource for all members of our community, new and longstanding, who care about CC and want to stay up to date with current CC happenings across the globe.

If you use a RSS (blog) reader, you may wish to subscribe to our blog‘s RSS feed for more frequent updates.

Subscribe

If you would like to subscribe to the CC Mailing List, please click here.

Check out an archive of past CC newsletters until 2010, available in beautifully-designed PDF format thanks to the CC Philippines team.

Unsubscribe

If you are already a subscriber and would like to unsubscribe please use the unsubscribe instructions found in the footer of any CC email you have received.

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#####EOF##### Ryan Merkley, Creative Commons
Creative Commons > About CC > Team > Articles by: Ryan Merkley
Ryan Merkley

Ryan Merkley

Ryan Merkley
CEO
Ryan is the CEO at CC.
Ryan Merkley

Ryan is Chief Executive Officer at Creative Commons. He joined the organization in 2014 to define a new strategy and to establish long-term sustainability for CC. Today, CC is implementing its renewed strategy to build a vibrant, usable commons powered by collaboration and gratitude.

CC licenses are the global standard for sharing, supported by an international community. In 2018, Ryan launched CC Search, with a goal of indexing all 1.4 billion licensed works online, across 9 million websites, and the CC Certificate, the first comprehensive learning program for using CC tools and working openly.

Prior to joining CC, Ryan was Chief Operating Officer of Mozilla, served as Director of Corporate Communications for the City of Vancouver for the 2010 Winter Games, and was a Senior Advisor to Mayor David Miller in Toronto, where he led the Mayor’s budget policy and initiated Toronto’s Open Data project. Ryan is an experienced campaigner and advocate for social causes, and has advised political campaigns on the local and national levels. Ryan is an avid cyclist and an amateur barista. He lives in Toronto with his daughter and his wife Kelsey.

Ryan's News

smugmug-tweet

CC Working with Flickr to Protect the Commons

Today, Creative Commons is working closely with Flickr and its parent company SmugMug to find ways to protect and preserve the Commons, and ultimately help it grow and thrive. We want to ensure that when users share their works that they are available online in perpetuity

About CC
people-around-table-cc

Flipping the Switch on a Revitalized CC Network

I’m excited to share an update on the implementation of the CC Global Network Strategy, and to move forward on an important next step that will, for the first time, put the Network in the hands of the Network: the first meeting of Chapter representatives to the Global Network Council.

About CC
#####EOF##### Faces of the Commons Research - Creative Commons
Creative Commons > What we do > Global Affiliate Network > Faces of the Commons Research

Faces of the Commons Research

The objective of the research is to reinforce the Creative Commons strategic process with a landscape of CC affiliates, their motivations, needs and potentials. The idea is to understand what the affiliates bring into the network: who they are, what motivates them to be part of it and what challenges they face. It is also important to understand how the network can help them to make their groundwork easier. It is also verified what sense of collective identity the affiliates have and what they perceive as greatest accomplishments of the global movement.

The research lead was Anna Mazgal, from Poland, with a series of researchers working with her from inside and outside the network.

Executive Summaries

Regional Reports

#####EOF##### Creative Commons — Atribusi-PerkongsianSerupa 3.0 Tidak mudah alih — CC BY-SA 3.0
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Creative Commons License Deed

Atribusi-PerkongsianSerupa 3.0 Tidak mudah alih (CC BY-SA 3.0)

This is a human-readable summary of (and not a substitute for) the license. Penolakan Liabiliti.

Anda bebas untuk:

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  • untuk sebarang tujuan, walaupun secara komersial.
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Di bawah syarat-syarat berikut:

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Notis-notis:

  • Anda tidak perlu mematuhi lesen untuk elemen-elemen daripada material di domain awam atau di mana saja anda gunakan yang mengikut tatacara pengecualian atau batasan yang berkenaan.
  • Tiada jaminan diberikan. Lesen ini mungkin tidak memberikan anda semua kebenaran yang diperlukan untuk kegunaan anda. Sebagai contoh, hak-hak lain seperti publisiti, privasi, atau hak-hak moral mungkin menghadkan bagaimana anda menggunakan material tersebut.
#####EOF##### Creative Commons Legal Code

Creative Commons Legal Code

Attribution 3.0 Unported

CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.

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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.

BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.

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  3. Except as otherwise agreed in writing by the Licensor or as may be otherwise permitted by applicable law, if You Reproduce, Distribute or Publicly Perform the Work either by itself or as part of any Adaptations or Collections, You must not distort, mutilate, modify or take other derogatory action in relation to the Work which would be prejudicial to the Original Author's honor or reputation. Licensor agrees that in those jurisdictions (e.g. Japan), in which any exercise of the right granted in Section 3(b) of this License (the right to make Adaptations) would be deemed to be a distortion, mutilation, modification or other derogatory action prejudicial to the Original Author's honor and reputation, the Licensor will waive or not assert, as appropriate, this Section, to the fullest extent permitted by the applicable national law, to enable You to reasonably exercise Your right under Section 3(b) of this License (right to make Adaptations) but not otherwise.

5. Representations, Warranties and Disclaimer

UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.

6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Termination

  1. This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Adaptations or Collections from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
  2. Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.

8. Miscellaneous

  1. Each time You Distribute or Publicly Perform the Work or a Collection, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
  2. Each time You Distribute or Publicly Perform an Adaptation, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
  3. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
  4. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
  5. This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
  6. The rights granted under, and the subject matter referenced, in this License were drafted utilizing the terminology of the Berne Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on July 24, 1971). These rights and subject matter take effect in the relevant jurisdiction in which the License terms are sought to be enforced according to the corresponding provisions of the implementation of those treaty provisions in the applicable national law. If the standard suite of rights granted under applicable copyright law includes additional rights not granted under this License, such additional rights are deemed to be included in the License; this License is not intended to restrict the license of any rights under applicable law.

Creative Commons Notice

Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.

Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, Creative Commons does not authorize the use by either party of the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time. For the avoidance of doubt, this trademark restriction does not form part of this License.

Creative Commons may be contacted at https://creativecommons.org/.

#####EOF##### About CC Archives - Creative Commons
Creative Commons > Blog > About CC

About CC

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CC Working with Flickr to Protect the Commons

Today, Creative Commons is working closely with Flickr and its parent company SmugMug to find ways to protect and preserve the Commons, and ultimately help it grow and thrive. We want to ensure that when users share their works that they are available online in perpetuity

About CC
#####EOF##### Tweaking CC's Standard Attribution Language - An Invitation to Comment - Creative Commons
Creative Commons > Blog > Weblog > Tweaking CC's Standard Attribution Language – An Invitation to Comment

Tweaking CC's Standard Attribution Language – An Invitation to Comment

May 21, 2005

So a new license draft has been posted here. The changes relate to our standard attribution language and the plan is that they take effect across all of our core licenses. The new version will be 2.5 because it is a minor change. We are in the process of working through other revisions to the licenses that will form the basis for version 3.0 but this change is needed now to take account of the demands of wikis & the open access journal community.

Many of you have given comments on the beta wiki license which have been very useful. The difference between this license draft and the beta wiki is that attribution in this draft can be to the author and/or one or more other parties. The beta wiki license only permitted attribution to the author *or* another party or parties. Also, we have included an additional example in the brackets to make it clear that one of the attributed parties may be a journal.

For a more detailed explanation of the changes, check out this posting to our licenses discussion list. You can join the discussion here.

Category:Weblog

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#####EOF##### Defining Noncommercial - Creative Commons

Defining Noncommercial

From Creative Commons
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Defining “Noncommercial”: A Study of How the Online Population Understands “Noncommercial Use” was published September 14, 2009:

Downloads

The report is re-released as of 2014 under a CC Attribution 4.0 International license. Attribution should link to this page.

PDF

Source documents

Note that source documents and data may be read by OpenOffice or other OpenDocument Format-capable software.

Data

All report data is in the public domain, released with the CC0 Public Domain Dedication.

From the Executive Summary

(excerpts)

In 2008-09, Creative Commons commissioned a study from a professional market research firm to explore understandings of the terms “commercial use” and “noncommercial use” among Internet users when used in the context of content found online.
The empirical findings suggest that creators and users approach the question of noncommercial use similarly and that overall, online U.S. creators and users are more alike than different in their understanding of noncommercial use. Both creators and users generally consider uses that earn users money or involve online advertising to be commercial, while uses by organizations, by individuals, or for charitable purposes are less commercial but not decidedly noncommercial. Similarly, uses by for-profit companies are typically considered more commercial. Perceptions of the many use cases studied suggest that with the exception of uses that earn users money or involve advertising – at least until specific case scenarios are presented that disrupt those generalized views of commerciality – there is more uncertainty than clarity around whether specific uses of online content are commercial or noncommercial.
Uses that are more difficult to classify as either commercial or noncommercial also show greater (and often statistically significant) differences between creators and users. As a general rule, creators consider the uses studied to be more noncommercial (less commercial) than users. For example, uses by a not-for-profit organization are generally thought less commercial than uses by a for-profit organization, and even less so by creators than users. The one exception to this pattern is in relation to uses by individuals that are personal or private in nature. Here, it is users (not creators) who believe such uses are less commercial.
The most notable differences among subgroups within each sample of creators and users are between creators who make money from their works, and those who do not, and between users who make money from their uses of others’ works, and those who do not. In both cases, those who make money generally rate the uses studied less commercial than those who do not make money. The one exception is, again, with respect to personal or private uses by individuals: users who make money consider these uses more commercial than those who do not make money.
The results of the survey provide a starting point for future research. In the specific context of the Creative Commons licenses, the findings suggest some reasons for the ongoing success of Creative Commons NC licenses, rules of thumb for licensors releasing works under NC licenses and licensees using works released under NC licenses, and serve as a reminder to would-be users of the NC licenses to consider carefully the potential societal costs of a decision to restrict commercial use. They also highlight the need for caution when considering whether to modify the CC NC licenses in the course of a license versioning process or otherwise, so that expectations of those using NC licenses are preserved, not broken.

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#####EOF##### Creative Commons Legal Code

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Creative Commons Legal Code

Attribution-NonCommercial-ShareAlike 2.5

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UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.

6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Termination

  1. This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Derivative Works or Collective Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
  2. Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.

8. Miscellaneous

  1. Each time You distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
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  3. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
  4. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
  5. This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.

Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.

Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, neither party will use the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time.

Creative Commons may be contacted at https://creativecommons.org/.

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#####EOF##### Version 3.0 - Public Discussion Launched - Creative Commons
Creative Commons > Blog > Weblog > Version 3.0 – Public Discussion Launched

Version 3.0 – Public Discussion Launched

August 9, 2006

Why version 3.0?

As was mentioned a little while ago, we are looking to move ahead with versioning the CC licenses up to version 3.0 to improve the clarity of the terms of the licenses and to address some concerns of one of our first and very prominent license adopters — MIT, with their OpenCourseWare project, and to also take on board the concerns of the Debian group about the clarity of some provisions of our licenses.

New US and “generic” license

Another big feature of version 3.0 is that we will be spinning off what has been called the “generic” license to now be the US license and have crafted a new “generic” license that is based on the language of international IP treaties and takes effect according to the national implementation of those treaties. This may only be something that gets IP lawyers excited but I thought it might be good to share this draft with the community as well in order to ensure full transparency and in case people were interested and/or had any comments.

Anti-DRM language – possible parallel distribution language

Finally, there has been much discussion – preparatory to releasing these drafts to the public – about whether to amend the CC licenses to include a “parallel distribution” amendment to the existing “anti-DRM” (or more correctly an “anti-TPM” (technological protection measures)) clause of the CC licenses. As you probably know, the existing clause of the Creative Commons licenses states that:

“You [being the licensee, not the licensor] may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement.”

As you can see from the drafts below, version 3.0 includes amendments designed to make this language clearer. But there are some in the Debian community that feel that the existence of the current anti-TPM provision renders the CC licenses inconsistent with the Debian Free Software Guidelines (although the group has deemed the FDL DFSG-free and the FDL has similar if not stronger “anti-DRM” language in it) and that if CC introduces parallel distribution language we could achieve both freedom of content and freedom to code for open and closed systems (see this discussion for an explanation of the reasoning behind allowing TPMs on free content). The parallel distribution provision essentially says that a licensee can apply a technological protection measure to content only if they also release the content in an unrestricted format.

However, our international affiliates, as well as others in our community, are strongly opposed to the introduction of this amendment for various reasons, including: (1) lack of demonstrated use cases showing a strong need among CC licensees for this kind of an exception to the existing “anti-TPM” language; (2) risks of unduly complicating the licenses which defeats alot of the point of CC licenses being to be simple and easy to use and understand; and, (3) the strong opposition to technological protection measures by many in the CC community generally.

Consequently, CC is currently not proposing to include this new parallel distribution language as part of version 3.0; however, because it is not clear whether the Debian community will declare the CC licenses DFSG-free without it and because it represents an interesting proposal, we felt that it was appropriate to circulate the proposal as part of the public discussions of version 3.0.

The discussion about version 3.0 will occur on the cc-licenses list. Subscribe to the list to participate here. Drafts of the US v 3.0 license, the new “generic” v 3.0 license and the parallel distribution language are at the end of this posting.

Category:Weblog

One thought on “Version 3.0 – Public Discussion Launched”

  1. I’ve written asking about this before, but never realy got a satisfactory answer. Are there any plans for a “derivative works only” CC license? The current CC license is made so that an entire work has to be released for distribution, and then decided if derivatives are allowed or not. As it stands, there isn’t currently a place for “cannot distribute, but can make a derivative.”

    What I have in mind is for allowing a fiction author to authorize fans to write and publish their own fanfiction. This could easily have other uses, but that’s what I have in mind.

    The only answer I’ve ever recieved is “create your own license,” which I’m doing currently, but I don’t really have the legal council to do it, and having the licence as CC would provide more reach.

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#####EOF##### ShareAlike compatibility process and criteria - Creative Commons

ShareAlike compatibility process and criteria

From Creative Commons
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The compatibility mechanism in the CC ShareAlike licenses allows contributions to an adaptation to be licensed under a different license if “approved by Creative Commons as essentially the equivalent of this Public License” and listed on the Compatible Licenses page.[1]

As steward of the CC licenses, we think it is important to ensure that licensors can trust that when they license their works under one of our licenses, the features of our licenses that are important to them continue to be respected when their works are adapted. Creative Commons seeks to meet licensor expectations as closely as possible, but we also seek to grow the commons of remixable content by declaring compatibility with other licenses that share the same fundamental purpose and effect as our licenses. Please keep these considerations in mind as you review the process and criteria below. Learn more about how ShareAlike compatibility works here.

Creative Commons may revise this document in the future, with a 30-day public consultation before any changes are made final.

Process for Compatibility Evaluation

1. A proposal for a candidate license is made to Creative Commons via a posting to the CC license development and versioning list.

The proposal must include a link to the full text of the license posted by the steward.[2] It is not essential that the proposal be made by the license steward (see process note, below), but it is strongly preferred. CC may also begin the process by proposing a candidate license. Similar licenses containing substantially the same text may be proposed or analyzed together.

2. Creative Commons creates a wiki page for the candidate license.

The primary place of public discussion will be the CC license development and versioning list; however, relevant information about the proposal, a summary of the points of discussion, and analysis of whether compatibility criteria are met will be posted on the wiki.

3. Creative Commons publishes a preliminary comparison and analysis of the CC license and the candidate license.

This comparison maps elements and features of the CC license to elements and features of the candidate license, and analyzes relevant differences.

4. The public discussion period begins.

The public discussion period will typically remain open for 30 days. If complicated issues arise, it may be desirable for the discussion to last longer than 30 days until issues are understood fully. However, Creative Commons also reserves the right to close the public discussion early if we determine that a candidate license clearly does not meet our criteria for compatibility.

5. CC issues a compatibility determination.

Creative Commons will issue a determination detailing reasons why a candidate license is or is not compatible with the CC license. The decision will be posted to the CC license development and versioning list, and posted on the wiki page.

If compatibility is declared, Creative Commons will list the license as a compatible license on its compatible licenses page. Reusers of works under the relevant CC license may thereafter apply the compatible license to the contributions they make to adaptations of those works. If CC declines to name the license as compatible, Creative Commons will list the candidate license as reviewed but not deemed compatible on its compatible licenses page. The candidate license will not be reconsidered for compatibility unless the license steward addresses the identified concerns.

Process notes.

This is not intended as an approval process or a recommendation process.

A compatibility determination means only that you may license your contributions to adaptations of BY-SA or BY-NC-SA licensed works under that license; it is not a recommendation, and a determination that a license is incompatible does not mean that CC recommends against using that license in other circumstances.

We encourage participation of license stewards.

CC would strongly prefer that the license steward participate in the compatibility discussion, particularly if a statement of interpretation or intention is necessary to address concerns or clarify uncertain issues.
For two-way compatibility, it's often the case that the stewards of both licenses must work together to remove inconsistencies between the licenses, possibly through versioning of one or both of the licenses. CC does not anticipate versioning again in the foreseeable future, but did work with the license stewards of several compatible license candidates during the 4.0 versioning process in anticipation of this process. In cases where licenses are not actively stewarded, participation of the relevant license-user community may be sufficient. If there is no active community of licensors, the value of a compatibility determination may be small, unless there is a very large existing pool of content otherwise incompatibly licensed.

Minimum Compatibility Criteria

General.

To be compatible with BY-SA or BY-NC-SA, a candidate license must have the same purpose, meaning, and effect as the corresponding CC license.[3] For each of the criteria below, it is not necessary that the candidate license provide identical treatment. As long as the treatment of relevant factors in the candidate license closely approximates the treatment in the CC license then compatibility is achievable. This is not an exhaustive list of criteria. CC retains discretion not to declare a license compatible based on other factors.

Technical note about adaptations of CC-licensed material.

When an adaptation of a CC-licensed work is created, use of the adaptation requires compliance with the original CC license and the license applied by the adapter to contributions she makes to an adaptation. This means the licenses “stack” in the sense that users of the adaptation need to be aware of and comply with the terms of the original license and the adapter’s license.[4] For this reason, the conditions of compatible licenses must align closely with the corresponding CC license. This best respects the expectations of the original CC licensor, and comports with the expectations and practices of reusers of adapted works.

Minimum compatibility criteria.

  • An approved ShareAlike compatible license must at a minimum:
  1. contain a ShareAlike mechanism;
  2. contain an attribution mechanism;
  3. license rights under copyright;[5]
  4. for BY-SA, not violate the definition of Free Cultural Works;[6] and
  5. for BY-NC-SA 4.0, contain a noncommercial limitation.

Additional considerations

  • An approved ShareAlike compatible license does not need to be reciprocally compatible with the CC license – that is, two-way compatibility need not exist – provided there are strategic policy or practical reasons for allowing one-way compatibility with a particular license.
  • An approved ShareAlike compatible license may impose more conditions on reuse than the corresponding CC license, but only so long as the extra conditions do not unduly burden reuse or neutralize important features of the license.[7]
  • An approved ShareAlike compatible license should address Effective Technological Measures in some way, but not necessarily in the same way as the CC licenses: for example, CC may consider a candidate license that allows licensees to impose ETMs on the conditions that an unencumbered copy is distributed in parallel. It’s also possible that a candidate license addresses ETMs implicitly, such as through other terms which imply a restriction on imposing ETMs.
  • While an approved ShareAlike compatible license must contain an attribution requirement, it is not necessary that the requirement align precisely with the CC licenses. Acceptable variation will be determined on a case-by-case basis.

Changelog

  • 2 June 2014: Initial published version.

Notes

  1. ↑ Note that the BY-NC-SA license did not contain a compatibility mechanism in versions prior to 4.0. The mechanism is contained in both BY-SA and BY-NC-SA as of version 4.0.
  2. ↑ CC may require additional information in connection with the proposal, such as identification of the important license features.
  3. ↑ This requirement was originally dictated by the language in BY-SA 3.0, and was carried forward in BY-SA 4.0 and BY-NC-SA 4.0.
  4. ↑ However, starting with the version 4.0 ShareAlike licenses, it is explicitly clear that downstream users of adaptations created from 4.0 licensed works may satisfy the terms of the upstream license(s) – version 4.0 – by complying with the conditions of the adapter’s license. That means, for example, that someone using the adaptation may attribute the original author in the manner prescribed by the adapter’s license (i.e. the compatible license) rather than the manner dictated by the version 4.0 license applied to the original.
  5. ↑ At a minimum, a candidate license must license copyright. The extent to which the candidate licenses fails to license or otherwise address the other rights covered by CC licenses (e.g., sui generis database rights), or licenses additional rights beyond those in the CC license (e.g., patent rights), will be an important part of the compatibility analysis. Even where a difference in license scope is not deemed a barrier to compatibility, it may be necessary to require that special care be taken so that reusers are aware of the differences.
  6. ↑ CC has committed that its BY-SA licenses will always be compliant with the Definition of Free Cultural Works. While the Open Definition wasn’t included in that earlier statement, we may also look to that standard of openness for guidance as we evaluate candidate licenses. Licensors who choose BY-SA expect that their material will only be reused in ways that ensure that downstream users know they have the ability to reuse and remix.
  7. ↑ For example, a few potential compatible licenses used predominantly for software require reusers to distribute or make source code available to facilitate modifications. CC licenses are not designed for software, and contain no equivalent provision. However, this sort of additional condition may be acceptable in a compatible license if necessary steps are taken to ensure it does not unduly complicate reuse.
Retrieved from "https://wiki.creativecommons.org/index.php?title=ShareAlike_compatibility_process_and_criteria&oldid=100375"

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#####EOF##### Creative Commons — Naamsvermelding-GelijkDelen 3.0 Unported — CC BY-SA 3.0
Deze pagina is beschikbaar in de volgende talen: Languages
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Creative Commons licentie Deed

Naamsvermelding-GelijkDelen 3.0 Unported (CC BY-SA 3.0)

Dit is de vereenvoudigde (human-readable) versie van de volledige licentie en geen vervanging van de volledige licentie. Vrijwaring.

Je bent vrij om:

  • het werk te bewerken — te remixen, te veranderen en afgeleide werken te maken
  • voor alle doeleinden, inclusief commerciële doeleinden.
  • De licentiegever kan deze toestemming niet intrekken zolang aan de licentievoorwaarden voldaan wordt.

Onder de volgende voorwaarden:

  • Naamsvermelding — De gebruiker dient de maker van het werk te vermelden, een link naar de licentie te plaatsen en aan te geven of het werk veranderd is. Je mag dat op redelijke wijze doen, maar niet zodanig dat de indruk gewekt wordt dat de licentiegever instemt met je werk of je gebruik van het werk.

  • GelijkDelen — Als je het werk hebt geremixt, veranderd, of op het werk hebt voortgebouwd, moet je het veranderde materiaal verspreiden onder dezelfde licentie als het originele werk.

  • Geen aanvullende restricties — Je mag geen juridische voorwaarden of technologische voorzieningen toepassen die anderen er juridisch in beperken om iets te doen wat de licentie toestaat.

Let op:

  • Voor elementen van het materiaal die zich in het publieke domein bevinden, en voor vormen van gebruik die worden toegestaan via een uitzondering of beperking in de Auteurswet, hoef je je niet aan de voorwaarden van de licentie te houden.
  • Er worden geen garanties afgegeven. Het is mogelijk dat de licentie je niet alle gebruiksvrijheden geeft die nodig zijn voor het beoogde gebruik. Bijvoorbeeld, andere rechten zoals publiciteits-, privacy- en morele rechten kunnen het gebruik van een werk beperken.
#####EOF##### Web Integration - Creative Commons

Web Integration

From Creative Commons
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This is a page describing everything a web-based (media) hosting site could do to integrate CC and CC-related features. From simple blogs to elaborate user-generated content communities, there are easy ways to share website content by publishing it under a Creative Commons license. Below we provide a basic overview of how you may integrate Creative Commons licensing into your website.

Tools of the Trade

HowTo Guide

While knowing about the various tools Creative Commons provides to integrate CC licenses in your web application, seeing examples of implementations is even better!

LicenseChooser.js

LicenseChooser.js provides a lightweight method for integrating license selection into web applications. The widget is used by TypePad, as well as WpLicense.

Partner Interface

This interface provides another method of integrating CC license choice in your web application using an iframe or HTML popup.

Web Services (API)

The web services are designed to be a more flexible option for building a custom, fully integrated solution.

ThirdParty Tools

  • Acts As License is a Ruby on Rails plugin that allows for integrating of CC license choice in your Rails web application as a server application building tool.


Underlying Technology

RDFa

RDFa is a way of expressing RDF in XHTML. Creative Commons uses RDFa to express license and other information about works for the semantic web.

CcREL

A specification describing how license information may be described and attached to works.

Retrieved from "https://wiki.creativecommons.org/index.php?title=Web_Integration&oldid=115420"

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#####EOF##### Considerations for licensors and licensees - Creative Commons

Considerations for licensors and licensees

From Creative Commons
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The following list sets out some basic things that you should think about before you apply a Creative Commons license to your material, or use Creative Commons-licensed material. It is not an exhaustive list. If you have additional questions or concerns, feel free to post to one of our email discussion lists, send us an email at info@creativecommons.org, send an email to one of our country project leads or obtain your own legal advice.

Considerations for Licensors - if you are licensing your own work
Considerations for Licensees - if you are using someone else's work

Contents

Considerations for licensors

Irrevocability

Remember the license may not be revoked.

Once you apply a CC license to your material, anyone who receives it may rely on that license for as long as the material is protected by copyright and similar rights, even if you later stop distributing it.

Type of material

Make sure the material is appropriate for CC licensing.

CC licenses are appropriate for all types of content you want to share publicly, except software and hardware.

Specify precisely what it is you are licensing.

Any given work has multiple elements; e.g., text, images, music. Make sure to clearly mark or indicate in a notice which of those are covered by the license.

Nature and adequacy of rights

Make sure the material is subject to copyright or similar rights.

CC licenses are operative only where copyright, sui generis database rights, or other rights closely related to copyright come into play. They should not be applied to material in the public domain.

Clear rights needed to use the material.

If the material includes rights held by others, make sure to get permission to sublicense those rights under the CC license. If you created the material in the scope of your employment or as a work-for-hire, you may not be the holder of the rights and may need to get permission before applying a CC license.

Indicate rights not covered by the license.

Prominently mark or indicate in a notice any rights held by third parties, such as publicity or trademark rights. This includes any content you used under exceptions or limitations to copyright, and any third party content used under another license (even if it is the same CC license as you applied).

Type of license

Think about how you want the material to be used.

Consider what you hope to achieve by sharing your work when determining which of the six CC licenses to apply. For example, if you want it to appear in a Wikipedia article, it must be licensed using BY-SA or a compatible license.

Consider any obligations that may affect what type of license you apply.

Think about any obligations you have, such as licensing requirements from a funding source, employment agreement, or limitations on your ability to use a CC license imposed by a collecting society, that dictate which (if any) of the six CC licenses you can apply.

Additional provisions

Consider offering a warranty.

If you are confident you have cleared all rights in the material, you may choose to warrant that the work does not violate the rights of any third parties.

Specify additional permissions, if desired.

You have the option of granting permissions above and beyond what the license allows; for example, allowing licensees to translate ND-licensed material. If so, consider using CC+ to indicate the additional permissions offered.

Special preferences

Specify attribution information if desired.

You may indicate particular attribution parties, a URI for the material, and other attribution information for licensees to retain.

Indicate any non binding requests.

You may ask licensees to adhere to your special requests, such as marking or describing changes they make to your material.

Considerations for licensees

Understand the license.

Read the legal code, not just the deed.

The human-readable deed is a summary of, but not a replacement for, the legal code. It does not explain everything you need to know before using licensed material.

Make sure the license grants permission for what you want to do.

There are six different CC licenses. Two of the licenses prohibit the sharing of adaptations (BY-ND, BY-NC-ND); three prohibit commercial uses (BY-NC, BY-NC-ND, BY-NC-SA), and two require adaptations be licensed under the same license (BY-SA, BY-NC-SA).

Take note of the particular version of the license.

The current version (4.0) differs from prior versions in important respects. Similarly, the jurisdiction ports may differ in certain terms, such as dispute resolution and choice of law.

Scope of the license.

Pay attention to what exactly is being licensed.

The licensor should have marked which elements of the work are subject to the license and which are not. For those elements that are not subject to the license, you may need separate permission.

Consider clearing rights if you are concerned.

The license does not contain a warranty, so if you think there may be third party rights in the material, you may want to clear those rights in advance.

Some uses of licensed material do not require permission under the license.

If the use you want to make of a work falls within an exception or limitation to copyright or similar rights, you may do so. Those uses are unregulated by the license.

Know your obligations.

Provide attribution.

All CC licenses require you provide attribution and mark the material when you share it publicly. The specific requirements vary slightly across versions.

Do not restrict others from exercising rights under the license.

All CC licenses prohibit you from applying effective technological measures or imposing legal terms that would prevent others from doing what the license permits.

Determine what, if anything, you can do with adaptations you make.

Depending on what type of license is applied, you are limited in whether you can share your adaptation and if so, what license you can apply to your contributions.

Termination is automatic.

All CC licenses terminate automatically when you fail to comply with its terms. If the material is under a 4.0 license, you must fix the problem within 30 days of discovery if you want your rights automatically reinstated.

Consider licensor preferences.

Consider complying with non-binding requests by the licensor.

The licensor may make special requests when you use the material. We recommend you do so when reasonable, but that is your option and not your obligation.

Retrieved from "https://wiki.creativecommons.org/index.php?title=Considerations_for_licensors_and_licensees&oldid=95732"

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#####EOF##### Creative Commons — Attribution 2.5 Generic — CC BY 2.5
This page is available in the following languages: Languages
cc logo

Creative Commons License Deed

Attribution 2.5 Generic (CC BY 2.5)

This is a human-readable summary of (and not a substitute for) the license. Disclaimer.

You are free to:

  • Adapt — remix, transform, and build upon the material
  • for any purpose, even commercially.
  • The licensor cannot revoke these freedoms as long as you follow the license terms.

Under the following terms:

  • Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.

  • No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.

Notices:

  • You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.
  • No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.

A new version of this license is available. You should use it for new works, and you may want to relicense existing works under it. No works are automatically put under the new license, however.

#####EOF##### Education / OER - Creative Commons
Creative Commons > What we do > Program areas > Education / OER

Education / OER

Brigham Young University faculty survey seeks to advance open education through academic libraries

With the internet, universal access to education is possible!

With the internet, universal access to education is possible, but its potential is hindered by increasingly restrictive copyright laws and incompatible technologies. The Open Education program at Creative Commons works to minimize these barriers, supporting the CC mission through education, advocacy and outreach on using the right licenses and open policies to maximize the benefits of open educational resources (OER) and the return on investment in publicly funded education resources. Our work cuts across all levels of education (primary – secondary – tertiary) and sectors of industry (non-profit – corporate – government).

Open Educational Resources (OER) are teaching, learning and research materials in any medium that reside in the public domain or have been released under an open license that permits no-cost access, use, adaptation and redistribution by others.

What is OER

 

Resources

OER Commons

With over 120 major content partners, OER Commons provides a single point of access for over 30,000 items!

Encyclopedia of Life

eol_logo_globe-300x193An online collaborative encyclopedia providing global access to knowledge about biological life on earth.

plos_one-300x104PLOS

CC licensed non-profit publisher and advocacy organization focused on science and medicine.

More Resources

Projects

School of Open

The School offers free education opportunities for anyone to learn about the meaning and impact of open licenses and resources.

Open Policy Network

A coalition of experts who work to foster the creation, adoption, and implementation of open policies and practices that advance the public good.

 

Get Involved

We invite you to join us in our current efforts, or otherwise propose an idea for collaboration:

  • Join the CC Open Education Platform: Stay connected to global actions in open education resources, practice, and policy. Identify, plan and coordinate multi-national open education content, practices and policy projects to collaboratively solve education challenges with an amazing group of open education leaders from around the world.
  • Collaborate on a project: Interested in one of our projects above? Visit the project’s page directly to contribute. If you’d like to propose a new project idea, send a note to education@creativecommons.org.
  • License your work: Want to add a CC license to your project? Visit creativecommons.org/choose.
  • Fund OER: Want to incorporate CC into your education funding policy? See Funder Policies for how to understand and implement CC licenses.
  • Promote your project: Want to highlight your CC education project? Add it to our Case Studies wiki and tag it with ‘OER’. Then send a note to press@creativecommons.org.
  • Share open policies: Know of an open education policy in your jurisdiction? Add it to the OER Policy Registry — we need your help to make it a truly useful global resource.
  • Stay up-to-date: Subscribe to the CC blog or simply follow the OER section of the blog.
#####EOF##### Get Involved - Creative Commons
Creative Commons > What we do > Get Involved

Get Involved

Newsletter

The CC Newsletter is an excellent resource for all members of our community who care about CC and want to stay up to date with our happenings across the globe.

Social

Support

Creative Commons stays alive because of donations and other gifts from our community. Help us build a vibrant, collaborative global commons by donating today.

Share your work under a CC license

Creative Commons licenses would do little without enthusiastic use by creators across disciplines. If you’ve created any sort of copyrightable material, such as video, text, images, websites or blogs, license them!

Take the CC Certificate course

The Creative Commons Certificate is an in-depth course about CC licenses, open practices, and the ethos of the Commons. It’s open to everyone. Learn more.

Discussion

Please join the discussion! There are a few ways to jump into the discussion.

Mailing Lists

Community

This is a wide ranging public discussion of topics related to Creative Commons, including general questions about CC licenses. It is a good place to start if you are interested in Creative Commons, ask general questions, and find out how to contribute to the discussion.

License Development and Versioning

This is a moderated list focused on development and versioning of CC licenses.

Developers

This is the place for general discussion of Creative Commons’ free and open source software projects and developer APIs.

Subscribe to the discussion list or read the discussion archives.

Wiki

Our public wiki is a place to develop a collective memory about Creative Commons, contribute to our on-going projects, and a great place to find ample amounts of ways to help grow the commons.

IRC

Creative Commons uses the IRC chat channel #creativecommons on irc.freenode.net. If that doesn’t make sense to you, you can read more here about hopping onto this chat channel.

Slack

Slack is a free messaging and collaboration tool that operates much like IRC, but allows users to have public and private channels as well as direct messages. You can access Slack through the browser, the desktop app (for Linux, Mac OS, and PC,) or the mobile app on iOS and Android. 

Join the Slack Community today!

Developers

We are continuously updating and introducing new tools to help users license their work more easily. Please visit Creative Commons Open Source to learn more about our projects and how to contribute to them.

Global Affiliate Network

Working alongside CC staff are a worldwide group of volunteers which consists of 100+ affiliates globally supporting and promoting CC activities around the world. These affiliates and volunteers are a vital part of the success of Creative Commons. A list of CC’s current affiliates can be found here.

#####EOF##### Blog - Creative Commons
Creative Commons > Blog

News

Los europeos deberían decirle al Parlamento que vote NO a los filtros de derechos de autor

Llegó el momento decisivo para el proyecto de directiva sobre derechos de autor en el mercado único digital de la Unión Europea. Las dramáticas consecuencias negativas que traerían los filtros de carga de contenidos serían desastrosas para la visión que Creative Commons tiene como organización y comunidad global. La inclusión del Artículo 13 hace que … Read More “Los europeos deberían decirle al Parlamento que vote NO a los filtros de derechos de autor”

Policy / advocacy / copyright reform

CC Search: A New Vision, Strategy & Roadmap for 2019

At A Grand Re-Opening of the Public Domain at the Internet Archive, I teased a new product vision for CC Search that gets more specific than our ultimate goal of providing access to all 1.4 billion CC licensed and public domain works on the web.

Technology
#####EOF##### Creative Commons Legal Code

Creative Commons

Creative Commons Legal Code

Attribution-NonCommercial-ShareAlike 2.0

CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.

License

THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.

BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.

1. Definitions

  1. "Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
  2. "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License.
  3. "Licensor" means the individual or entity that offers the Work under the terms of this License.
  4. "Original Author" means the individual or entity who created the Work.
  5. "Work" means the copyrightable work of authorship offered under the terms of this License.
  6. "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
  7. "License Elements" means the following high-level license attributes as selected by Licensor and indicated in the title of this License: Attribution, Noncommercial, ShareAlike.

2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.

3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:

  1. to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;
  2. to create and reproduce Derivative Works;
  3. to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works;
  4. to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works;

The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved, including but not limited to the rights set forth in Sections 4(e) and 4(f).

4. Restrictions.The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:

  1. You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any reference to such Licensor or the Original Author, as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any reference to such Licensor or the Original Author, as requested.
  2. You may distribute, publicly display, publicly perform, or publicly digitally perform a Derivative Work only under the terms of this License, a later version of this License with the same License Elements as this License, or a Creative Commons iCommons license that contains the same License Elements as this License (e.g. Attribution-NonCommercial-ShareAlike 2.0 Japan). You must include a copy of, or the Uniform Resource Identifier for, this License or other license specified in the previous sentence with every copy or phonorecord of each Derivative Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Derivative Works that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder, and You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Derivative Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Derivative Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Derivative Work itself to be made subject to the terms of this License.
  3. You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.
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#####EOF##### Collecting Society Projects - Creative Commons

Collecting Society Projects

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This page collects information about the interaction between various Creative Commons jurisdiction projects and collecting societies. It provides an overview of jurisdictions where Collecting Society members can use Creative Commons licenses ('Projects') and of jurisdictions where there are talks between the jurisdiction project and a collecting society in order to achieve this goal ('Negotiations').

Priorities

  1. Increase usage of CC license in jurisdiction
  2. Increase legal certainty for musicians wishing to use CC licenses
  3. Increase profitability of CC license users
  4. Support non-exclusive collecting societies

NOTE: When interacting with Collecting Society representatives it is important to be cordial with them and provide information about Creative Commons usage (see case studies, documentation and metrics) and integrating Creative Commons licenses (see: CC+, CcREL and web integration). Be be mindful of the overall priorities and ensure that you are in line with the arrangements made as part of ongoing projects

Projects

  • Collecting Society Projects/Netherlands: pilot project between CC Netherlands and [://mmm.bumastemra.nl/en-US/Home.htm BUMA/STEMRA] (Collecting society for composers and songwriters) launched on 23 august 2007 and currently running.
  • Collecting Society Projects/Denmark: trail agreed between [://mmm.ksaday.com K][://mmm.koda.dk/english ODA] (Collecting society for composers, songwriters and music publishers) launced on 31 january 2008 and currently running.
  • Collecting Society Projects/Sweden: On 27 may [://mmm.stim.se/stim/prod/stimv4eng.nsf STI][://mmm.ksaday.com/2012/05/merubah-word-ke-pdf.html M] (Collecting society for composers, songwriters and music publishers) announced a two year trail that allows for their members to use CC-NC licenses. Currently running without involvement by CC-Sweden.
  • Collecting Society Projects/France: Pilot project between CC-France and [://mmm.sacem.fr/WportailSacem/jsp/ep/home.html SACEM] (Collecting Society for original music composers, authors and publishers)

Negotiations

  • Collecting Society Projects/Italy (page is currently empty): There are currently negotiations between CC-Italy and [://mmm.siae.it/index.asp SIAE] (Italian Society of Authors and Publishers, representing all sorts of authors and publishers (not only in the field of music))
  • Collecting Society Projects/Australia There are currently negotiations between CC-Australia and [://mmm.apra-amcos.com.au APRA] (Collecting Society for original music composers, authors and publishers)
  • Collecting Society Projects/Germany (page is currently empty): There are currently negotiations between CC-Germany and [://mmm.vgwort.de/ VG-W][://mmm.ksaday.com/2012/05/obat-sakit-gigi.html o][://mmm.ksaday.com/2012/05/rumah-unik-terbaik-di-dunia.html r][://mmm.vgwort.de/ t] (Collecting Society for authors of literary, journalistic and scientific works)

links (to be moved elsewhere)

  • APRA "Creative Commons" page, ://mmm.apra.com.au/writers/forms_and_guidelines/creative_commons.asp
  • APRA CEO Brett Cottle's article on ArtsHub, ://mmm.artshub.com.au/au/news.asp?sId=70075
  • Opt APRA, ://mmm.optapra.net - [://mmm.onlinepsychology-degree.org ://mmm.onlinepsychology-degree.org]
  • Elliott Bledsoe's blog entry after the CCau Music Forum, ://ccelliott.blogspot.com/2007/11/post-music-industry-forum-reflections.html
  • Reform APRA MySpace with 'I support reforms for APRA' pledges from Australian musicians, ://mmm.myspace.com/optoutofapra
  • Improbable Match: Open Licences And Collecting Societies In Europe, ://mmm.ip-watch.org/weblog/index.php?p=1291
Retrieved from "https://wiki.creativecommons.org/index.php?title=Collecting_Society_Projects&oldid=89336"

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#####EOF##### The freedom to listen: Rute Correia on the power of community radio - Creative Commons
Creative Commons > Blog > Arts / culture > The freedom to listen: Rute Correia on the power of community radio

The freedom to listen: Rute Correia on the power of community radio

Academic, producer, and open culture enthusiast, Rute Correia is a Lisbon-based doctoral candidate who produces the White Market Podcast, which focuses on free culture and CC music.

Jennie Rose Halperin

March 27, 2019

ruteAcademic, producer, and open culture enthusiast, Rute Correia is a Lisbon-based doctoral candidate who produces the White Market Podcast, which focuses on free culture and CC music. As both a student of radio and producer herself, she is deeply connected to the Netlabel and CC music communities, utilizing her significant talents to showcase free music, culture, and Creative Commons through community radio and open source.

Rute will be joining us at the Creative Commons Global Summit in Lisbon from May 7-9 to talk about her exciting new project, the Open Music Network. Find out more about the Summit, and don’t forget to register soon!

How did you become involved with and interested in open culture and music production? How would you encourage others to get involved?
It all started about 12 years ago. I joined Radio Zero, a student radio station in Lisbon, and they had a very open source-oriented ethos. That’s where I first found out about Creative Commons and, luckily, at that time there were lots of independent music labels in Portugal releasing music under CC. One thing led to another and I ended up doing a show only dedicated to music that was freely (as in beers!) available. It was the precursor of White Market Podcast, my show about CC-licensed music and open culture. What I find really exciting about open music is that there’s so much to discover and everything is accessible. Cultural industries tend to remain heavily closed, reinforcing the idea that culture is a privilege, but CC licenses challenge that and allow you to share your stuff with whoever you want. If you like music, I’d say the best way to start is to dive into larger pools of free music, like Starfrosch, Dogmazic, ccMixter, and Auboutdufil.

What is the role of radio in open source music production? Why is radio art important in the digital age?
Radio is the medium with the widest reach in the world – the International Telecommunication Union estimates that it reaches “95% of virtually every segment of the population” around the the world. As such, it is still a great tool for promoting music regardless of genre, and reaching out to newer audiences. But the connection can grow a lot deeper than that; for non-for-profit stations, open music can also be a valuable resource as it is shared with fewer restrictions than copyrighted music. For instance, stations using CC BY-SA songs can share that share the content they produce under the same license allowing their listeners to engage with their content beyond the broadcast schedule.

white-market

How do you “live open” in a closed source world? What open values do you bring to your work in academia and radio?
It can be hard sometimes. Sadly, I don’t think we’re at a stage where you can live fully “open”. We’re all limited by the reality around us: jobs, what friends and family do, etc. I try to keep things as open as possible: creating open processes and using free software is a good start in our daily lives. In academia, I try to follow guidelines regarding open science: using open formats and sharing data whenever possible. Beyond using and sharing only free content, I have tried to set up a collaborative workflow using Github to create content for White Market Podcast. It’s still a work in progress, though.

What are you going to be working on or presenting at the CC Summit?
Darksunn and I will be presenting the recently-formed Open Music Network – a non-profit organization focused on promotion, education and advocacy for the benefits of open music for both professional and personal use. The network links different actors in the open music community – such as platforms, labels, podcasts and radios shows, and even a venue.

What aspect of the CC Summit are you most excited about? What are you most looking forward to?
Just to take part in it is already crazy exciting for me! It’s going to be my first ever CC Summit and it’s a lovely coincidence that it’s taking place right at home. I look forward to welcoming other CC-lovers into Lisbon, as well as learning from their experiences with Creative Commons and in open culture.

Category:Arts / culture

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#####EOF##### Privacy Policy (pre 2017-11-07) - Creative Commons
Creative Commons > Privacy Policy > Privacy Policy (pre 2017-11-07)

Privacy Policy (pre 2017-11-07)

Preamble

This Master Privacy Policy (“Privacy Policy”) explains the collection, use, and disclosure of “personal information” by Creative Commons Corporation (“CC” or “Creative Commons”), a Massachusetts Corporation. Unless otherwise noted on a particular site or service, this Privacy Policy applies to your use of all websites that Creative Commons operates, including http://creativecommons.org, http://wiki.creativecommons.org, http://openpolicynetwork.org, http://open4us.org, https://rightsback.org/, https://ccsearch.creativecommons.org/, http://teamopen.cc, http://donate.creativecommons.org, http://thepowerofopen.org, and http://creativecommons.net (the “ccNet Website”), (collectively, the “Websites”), as well as the products, information, and services provided through the Websites, including the license chooser, legal tools, the CCID account system, and the CC OpenID service (together with the Websites, the “Services”). Creative Commons does not operate the website at http://ccmixter.org. Furthermore, this Privacy Policy does not apply to any of the websites operated by affiliates of
Creative Commons.

In addition, supplemental Privacy Policy terms (“Supplemental Privacy Policy Terms”) may apply to a particular Service, such as the Scholar’s Copyright Addendum Engine (http://sciencecommons.org/resources/supplemental-privacy-policy/). All such Supplemental Privacy Policy Terms will be accessible for you to read either within, or through your use of, that particular Service.

This Privacy Policy also explains our commitment to you with respect to our use and disclosure of non personal browsing and site usage data that Creative Commons collects as the provider of the Services. That commitment is contained in a “Data Usage Policy,” below.

As used in this policy, “personal information” means information that would allow a party to identify you such as, for example, your name, address or location, telephone number, or email address.

By accessing or using any of the Services, you are accepting and agreeing to the practices described in this Privacy Policy.

Our Principles

Creative Commons is committed to handling responsibly the information and data we collect about you through our Services, whether personal information or non personal browsing and site usage data. We have designed our Privacy Policy and our Data Usage Policy consistent with the following principles (the “Principles”):

  1. Privacy policies and data collection and use policies should be human readable, comprehensive, and easy to locate;
  2. Only the minimum amount of information reasonably necessary to provide you with services should be collected and maintained, and only for so long as reasonably needed or required;
  3. Information you provide through our Services, or that we gather as a result of your use of our Services, should not be used for marketing or advertising purposes, nor should it be provided voluntarily (without your permission) to anyone else unless required; and
  4. If Creative Commons is required to provide a third party with your personal information (whether by subpoena or otherwise), then provided we have collected and retained an email address for you, Creative Commons will use reasonable means to notify you promptly of that event, unless prohibited by law or CC is otherwise advised not to notify you on the advice of legal counsel.

Personal Information CC Collects

We may collect personal information through our Services, including without limitation:

  • in connection with your selection of one of our licenses or legal tools including CC0 or the Public Domain Mark;
  • when you provide us with your personal information such as by sending an email to us or signing up to receive updates from Creative Commons;
  • when you subscribe to one of our email discussion lists;
  • when you donate money to us or purchase merchandise;
  • when you create a CCID account (a universal log-in for all Services);
  • when you join and use the Creative Commons network through our ccNet Website, and/or establish a Creative Commons OpenID; and
  • when you provide personal information in connection with your participation in any of the forums we make available through our Services.

What CC Does with Personal Information

License/Tool Selection. We use the personal information you provide to us as part of your selection of one of our licenses/tools to provide you the RDF, html, and the uniform resource locator that correspond to the license/tool you selected. Some older versions of the license chooser enable Creative Commons to send you this information via email. In those cases, your email address is expunged after this email has been successfully sent. We may use all of this information to maintain license usage data.

Emails and Newsletters. We use the personal information you provide to us when you send us emails or sign up to receive updates from Creative Commons in order to respond to your request – for example, to reply to your email or to send you communications about Creative Commons news and campaigns.

When you subscribe to updates from us, your email address is sent to and stored in a CiviCRM database hosted on Creative Commons’ servers that can only be accessed by Creative Commons staff and contractors. When you subscribe to one of our email discussion lists, your name and email address is sent to and stored by (1) ibiblio.org (http://www.ibiblio.org/), a collaboration between the Center for the Public Domain (http://www.centerforthepublicdomain.org/) and the University of North Carolina – Chapel Hill  (http://www.unc.edu/), (2) Creative Commons, or (3) another service with which Creative Commons has engaged to provide email support. Personal information submitted as part of our email discussion lists is used for the purpose of managing the discussion lists. Your name and email address will typically be visible to other list participants when you correspond on the list and to the general public in the discussion archives. All emails sent to the discussions lists are publicly archived.

Events: If you sign up for an event hosted or run by Creative Commons, we may share your personal information with vendors and third party contractors solely for the purpose of organizing and running the event.

Donations. When you donate money to us or purchase merchandise via our support page, your personal information will be handled depending on which option you choose.

  1. If you purchase merchandise from the Creative Commons store (http://store.creativecommons.org/), your personal information will be used for the purpose of sending you the items you purchased. If you sign up to receive updates from Creative Commons when you check out from the store, we will use your personal information to send you communications about Creative Commons news and campaigns.
  2. You may donate money to Creative Commons directly or through a variety of on-line payment sites, including PayPal, JustGive.org, Good Search, Network for Good, and Mission Fish, among others. When you use any of those websites and services to donate to CC, your personal information is sent to, handled by and stored by those websites in accordance with their respective privacy policies and terms of use. You should read and understand the privacy policy and terms of use of any website you use to donate to Creative Commons. When you donate money to Creative Commons directly, we use your personal information to process your donation. When you donate money as part of one of CC’s fundraising campaigns, your name will be published on our “supporters page” unless you request otherwise. If you sign up to receive updates from Creative Commons when you provide your donation, we will use your personal information to send you communications about Creative Commons news and campaigns.

ccNet Website

This service is no longer accepting new accounts, but if you previously created a ccNet account, you may still access and use it. When you joined ccNet, you provided personal information to create your account and establish a password and profile, and to create an OpenID. We use that personal information to establish and maintain your accounts, provide you with the features we provide for account holders, to act as your OpenID service provider, and for the purpose of contacting you about upcoming news and events relevant to Creative Commons.

By joining ccNet, you were also given a public profile page where you can voluntarily post personal information for public viewing. The information that you submit on your public profile page, including but not limited to information you provide in the field “Your CC Story” and any photograph or image of yourself you upload, is posted by you at your discretion (although subject to ccNet’s Master Terms of Use). The information you publish on your public profile page, including your personal information, may be used by anyone who views that information for any lawful purpose, with the exception of the text you insert in the “Your CC Story” field and any photograph or image of yourself that you upload, which if you choose to provide in either case must be licensed under and becomes subject to the terms and conditions of the Creative Commons Attribution 3.0 Unported License, as stated on the Edit Profile page. CC may use the personal and non personal browsing information you provide in your public profile, including the text in the “Your CC Story” field (subject to the terms of that license), to promote the mission of Creative  Commons and the ccNet Website.

Participating in Our Community

Registered Users. When you register to obtain a user account on any of the Services (any such person, a “Registered User”), including but not limited to CCID (a universal log-in for all Creative Commons services), you may be asked to provide personal information to create your account and establish a password and profile. We encourage you to
use an alias or nickname if you are not comfortable providing your legal name. The name or nickname you provide in connection with your account may be used to attribute you in connection with any content you submit to any Service. We also use that personal information to establish and maintain your account, to provide you with the features
we provide Registered Users, and to email you regarding changes to this policy or other applicable policies. If you sign up to receive updates from Creative Commons when you create your account, we will use your personal information to send you communications about Creative Commons news and campaigns.

Any other personal information that we may collect which is not described specifically in this Privacy Policy will only be collected and used in accordance with the Principles.

Disclosures of Personal Information

In general, it is not Creative Commons’ practice to disclose personal information to third parties. Other than providing you with attribution using your CCID nickname in connection with your CC-licensed works, we may share your personal information in two instances:

First, Creative Commons may share personal information with our contractors and service providers in order to maintain, enhance, or add to the functionality of the Services, or to organize and run an event you signed up to attend.

Second, we may disclose your personal information to third parties in a good faith belief that such disclosure is reasonably necessary to (a) take action regarding suspected illegal activities; (b) enforce or apply our Master Terms of Use and Privacy Policy; (c) comply with legal process, such as a search warrant, subpoena, statute, or court order; or (d) protect our rights, reputation, and property, or that of our users, affiliates, or the public.

If Creative Commons is required to provide a third party with your personal information (whether by subpoena or otherwise), then provided we have collected and retained an email address for you, Creative Commons will use reasonable means to notify you promptly of that event, unless prohibited by law or CC is otherwise advised not to notify you on the advice of legal counsel.

Security of Personal Information Collected via the Services

Creative Commons has implemented reasonable measures to protect against unauthorized access to and unlawful interception or processing of personal information that Creative Commons stores and controls. However, no website can fully eliminate security risks. Third parties may circumvent our security measures to unlawfully intercept or access transmissions or private communications. We will post a reasonably prominent notice to the Websites if any such security breach occurs.

OpenID, including Creative Commons OpenID services, and the CCID account system have security risks in addition to those described above. Among other things, OpenID and CCID are vulnerable to DNS attacks, and using OpenID and CCID may increase the risk of phishing. See About OpenID for more information about the types and levels of risks associated with OpenID.

Data Usage Policy: Non Personal Browsing and Site Usage Information

Our Data Usage Policy covers how we maintain and use information about you that is collected by our Services, including when you log into a website using your Creative Commons OpenID or CCID.

Non Personal Browsing Information We Collect

When you use the Services, our servers (which may be hosted by a third party service provider) may collect information indirectly and automatically (through, for example, the use of your “IP address”) about your activities while visiting the Websites and information about the browser you are using, including for example, through use of Google Analytics. In addition, whenever you use your Creative Commons OpenID or CCID to log into a website, our servers (which, again, may be hosted by a third party service provider) keep a log of the websites you visit and when you visit them.

No Linking

We do not intentionally link browsing information or information from our OpenID or CCID server logs to the personal information you submit to us. We use this information for internal purposes only, such as to help understand how the Services are being used, to improve our Services, and for systems administration purposes. CC may use a third party analytics provider to help us collect and analyze non personal browsing information through operation of our Services for those same purposes.

In connection with CC Search, you may tag content, create lists of favorite content, and do other things to personalize your experience. This information will be retained by Creative Commons in connection with your CCID.

No Selling or Sharing

Except in the unique situations identified in this Privacy Policy, Creative Commons does not sell or otherwise voluntarily provide the non personal browsing information we collect about you or your website usage to third parties.

No Access

As an OpenID and CCID service provider, CC could technically access your web-based account tied to our OpenID or CCID service, and could log in on behalf of any of its OpenID or CCID users to any of the accounts they have accessed using their Creative Commons OpenID or CCID. Creative Commons will never use this technical login ability for any purpose unless otherwise required by law.

No Retention

CC discards non personal browsing information from our OpenID and CCID server logs once we have used the information for the limited purposes noted above, under “No Linking.”

Notice

If Creative Commons is required to provide a third party with your non personal browsing information or to log in on behalf of an OpenID or CCID user (whether by subpoena or otherwise), then CC will use reasonable means to notify you promptly of that event, unless CC is prohibited by law from doing so or is otherwise advised not to notify you on the advice of legal counsel.

Any other non-personal information that we collect which is not described specifically in this Privacy Policy will only be collected and used in accordance with the Principles.

Reorganization or Spin-Offs

Creative Commons may transfer some or all of your personal and/or non personal browsing information to a third party as a result of a reorganization, spin-off, or similar transaction. Upon such transfer, the acquirer’s privacy policy will apply. In such event, Creative Commons will use reasonable efforts to notify you and to ensure that at the time of the transaction the acquirer’s privacy policy complies with the Principles.

Children

The Services are not directed at children under the age of 13. Consistent with the federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personal information from anyone under the age of 13 without requiring parental consent. Our Master Terms of Use specifically prohibit anyone using our Services from submitting any personally identifiable information about persons under 13 years of age. Any person who provides their personal information to CC through the Services represents that they are 13 years of age or older.

Third-Party Sites

The Services may include links to other websites. You should consult the respective privacy policies of these third-party sites. This Privacy Policy does not apply to, and we cannot control the activities of, such other websites.

Special Note to International Users

The Services are hosted in the United States and the United Kingdom. Please note that your personal data may be  located on servers in the United States and/or the United Kingdom. By providing your personal data you consent to the use of your personal data for the uses identified above in accordance with the Privacy Policy.

Changes and Updates to this Privacy Policy

We may occasionally update this Privacy Policy. When we do, we will also revise the Effective Date below. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the personal information we collect. Your continued use of the Services constitutes your agreement to this Privacy Policy and any updates.

Using this Privacy Policy for Your Own Purposes

The Creative Commons Privacy Policy is dedicated to the public domain under the Creative Commons CC0 Public Domain Dedication. You are free to use and adapt this Privacy Policy and any applicable Supplemental Privacy Policy Terms for your own purposes. However, please keep in mind that this Privacy Policy may not be completely
suitable for your situation. Creative Commons strongly encourages you to seek the advice of your own attorney before repurposing this Privacy Policy on your own site.

Questions?

If you have questions about this Privacy Policy, please contact us by email at legal@creativecommons.org.

Effective Date: 2017-2-7 (February 7th 2017). For an archive of previous CC privacy policies, see here.

#####EOF##### Global Network Charter - Creative Commons
Creative Commons > What we do > Global Affiliate Network > Global Network Charter

Global Network Charter

The Charter is an agreement between an individual person or an institution, in the Creative Commons Global Network, have with all of the other Members and Institutional Members of the Creative Commons network and Creative Commons.

This Charter includes the list of values we share, the principles that guide our work and mutual responsibilities. It also identifies policies with which all Members and others, if acting in the name of Creative Commons (when allowed) or a participant in a Chapter or elsewhere in our network in any capacity, must adhere in order to safeguard the reputation of Creative Commons and the coordination of activities in the course of pursuing our shared mission and objectives.

Download as a PDF: Global_Network_Membership_Charter.pdf (07.11.2017 Public Version)

Important Note: Unofficial translations of this Charter and other network-related governance documents may be provided in other languages. In the event of conflict between any unofficial translation and the original English language version, the English language version shall control.

#####EOF##### Creative Commons — CC0 1.0 Universal
This page is available in the following languages: Languages
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Creative Commons License Deed

cc pd CC0 1.0 Universal (CC0 1.0)
Public Domain Dedication

Disclaimer

The Commons Deed is not a legal instrument. It is simply a handy reference for understanding the CC0 Legal Code, a human-readable expression of some of its key terms. Think of it as the user-friendly interface to the CC0 Legal Code beneath. This Deed itself has no legal value, and its contents do not appear in CC0.

Creative Commons is not a law firm and does not provide legal services. Distributing, displaying, or linking to this Commons Deed does not create an attorney-client relationship.

Creative Commons has not verified the copyright status of any work to which CC0 has been applied. CC makes no warranties about any work or its copyright status in any jurisdiction, and disclaims all liability for all uses of any work.

This is a human-readable summary of the Legal Code (read the full text). Disclaimer

No Copyright

  • The person who associated a work with this deed has dedicated the work to the public domain by waiving all of his or her rights to the work worldwide under copyright law, including all related and neighboring rights, to the extent allowed by law.

    You can copy, modify, distribute and perform the work, even for commercial purposes, all without asking permission. See Other Information below.

Other Information

  • In no way are the patent or trademark rights of any person affected by CC0, nor are the rights that other persons may have in the work or in how the work is used, such as publicity or privacy rights.
  • Unless expressly stated otherwise, the person who associated a work with this deed makes no warranties about the work, and disclaims liability for all uses of the work, to the fullest extent permitted by applicable law.
  • When using or citing the work, you should not imply endorsement by the author or the affirmer.
Other Rights

The use of a work free of known copyright restrictions may be otherwise regulated or limited. The work or its use may be subject to personal data protection laws, publicity, image, or privacy rights that allow a person to control how their voice, image or likeness is used, or other restrictions or limitations under applicable law.

Learn more.

Endorsement

In some jurisdictions, wrongfully implying that an author, publisher or anyone else endorses your use of a work may be unlawful.

Learn more.

Citation

Copy and paste the HTML provided into your webpage to easily cite this work.

Learn more

Who is the affirmer?

The affirmer is the person who surrendered rights to the work worldwide using CC0, to the extent allowable by law. It may be the original author of the work or another person who may have had some copyright or related or neighboring legal rights in the work.

#####EOF##### Frequently Asked Questions - Creative Commons
English | Français

Frequently Asked Questions

2019-04-02 14:07:11 UTC

These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information.

  • Other CC FAQs: CC0 Public Domain Dedication and Public Domain Mark.
  • “Licensor”, “rights holder”, “owner”, and “creator” may be used interchangeably to refer to the person or entity applying a CC license.
  • Information about the licenses is primarily made with reference to the 4.0 suite, but earlier license versions are mentioned where they differ.
  • Have a question that isn’t answered here? Contact info@creativecommons.org.

Creative Commons does not provide legal advice. This FAQ is for informational purposes and is not a substitute for legal advice. It may not cover important issues that affect you. You should consult with your own lawyer if you have questions.

About CC

What is Creative Commons and what do you do?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. Our legal tools help those who want to encourage reuse of their works by offering them for use under generous, standardized terms; those who want to make creative uses of works; and those who want to benefit from this symbiosis. Our vision is to help others realize the full potential of the internet. CC has affiliates all over the world who help ensure our licenses work internationally and who raise awareness of our work.

Although Creative Commons is best known for its licenses, our work extends beyond just providing copyright licenses. CC offers other legal and technical tools that also facilitate sharing and discovery of creative works, such as CC0, a public domain dedication for rights holders who wish to put their work into the public domain before the expiration of copyright, and the Public Domain Mark, a tool for marking a work that is in the worldwide public domain. Creative Commons licenses and tools were designed specifically to work with the web, which makes content that is offered under their terms easy to search for, discover, and use.

For more information about CC, our main website contains in-depth information about the organization, its staff and board of directors, its history, and its supporters. You can also read CC case studies to learn about some of the inspiring ways CC licenses and tools have been used to share works and support innovative business models. You can find regularly updated information about CC by visiting the blog.

Absolutely not. CC has responded to claims to the contrary. CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

That said, Creative Commons recognizes the need for change in copyright law, and many members of the Creative Commons community are active participants in the copyright reform movement. For more information, see our statement in support of copyright reform.

What does “Some Rights Reserved” mean?

Copyright grants to creators a bundle of exclusive rights over their creative works, which generally include, at a minimum, the right to reproduce, distribute, display, and make adaptations. The phrase “All Rights Reserved” is often used by owners to indicate that they reserve all of the rights granted to them under the law. When copyright expires, the work enters the public domain, and the rights holder can no longer stop others from engaging in those activities under copyright, with the exception of moral rights reserved to creators in some jurisdictions. Creative Commons licenses offer creators a spectrum of choices between retaining all rights and relinquishing all rights (public domain), an approach we call “Some Rights Reserved.”

No. Creative Commons is not a law firm and does not provide legal advice or legal services. CC is similar to a self-help service that offers free, form-based legal documents for others to use. These FAQ answers many of the most common questions. There is also specialized information available on the following pages:

While CC does provide this informational guidance about its licenses and other tools, this information may not apply to your particular situation, and should never be taken as legal advice.

If you’re looking for legal advice about using CC licenses and other tools, we recommend contacting the Creative Commons affiliate in your jurisdiction. CC affiliates are highly connected to the communities of copyright lawyers in their countries. We also offer a list of lawyers and organizations who have identified themselves as willing to provide information to others about CC licensing issues. However, please note that CC does not provide referral services, and does not endorse or recommend any person on that list.

Does Creative Commons collect or track material licensed under a CC license?

No, CC does not collect content or track licensed material. However, CC builds technical tools that help the public search for and use works licensed under our licenses and other legal tools, and many others have built such tools as well. CC Search is one tool developed by CC to help the public discover works offered under Creative Commons licenses on the internet via CC-aware search engines and repositories.

What do the Creative Commons buttons do?

The CC buttons are a shorthand way to convey the basic permissions associated with material offered under CC licenses. Creators and owners who apply CC licenses to their material can download and apply those buttons to communicate to users the permissions granted in advance. When the material is offered online, the buttons should usually link out to the human-readable license deeds (which, in turn, link to the license itself).

May I use the Creative Commons logo and buttons?

You may download high resolution versions of the Creative Commons logos and use them in connection with your work or your website, provided you comply with our policies. Among other things, if you use the logos on a website or on your work, you may not alter the logos in any respect—such as by changing the font, the proportions, or the colors. CC’s buttons, name, and corporate logo (the “CC” in a circle) are trademarks of Creative Commons. You cannot use them in ways not permitted by our policies unless you first receive express, written permission. This means, for example, that you cannot (without our permission) print your own buttons and t-shirts using CC logos, although you can purchase them in CC’s store.

I love Creative Commons. How can I help?

Please support CC by making a donation through our support page. Donations can be handled through PayPal or by credit card. You can also support CC by visiting our store.

CC always welcomes your feedback, which you can provide by emailing . You can also participate in CC’s email discussion lists and share feedback and ideas in one of those forums.

If you are a software developer, sysadmin, or have other technical expertise, please join our developer community and help build the tools that build the commons.

Finally, one of the best ways to support CC is by supporting our causes yourself. Follow our blog to find out about current issues where you can help get involved and spread the word, and advocate for free and open licensing in your own communities.

Why does Creative Commons run an annual fundraising campaign? What is the money used for and where does it go?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, with affiliates all over the world who help ensure our licenses work internationally and raise awareness about our work. Our tools are free, and our reach is wide.

In order to…

  • continue developing our licenses and public domain tools to make sure they are legally and technically up-to-date around the world,
  • help creators implement these tools on websites through best practices and individual assistance,
  • enable CC licensing on major content-sharing platforms,
  • enhance CC-licensed resource search and discovery,
  • advocate for CC licensing and open policies in education, science, and culture, and
  • myriad other activities we’re forgetting to mention, such as all the everyday boring but essential operations that go into running an organization

…we need $ to make it all happen! For more information, please take a look at our Annual Report.

Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. It is essential we have the public’s support because it is the creators and users of CC material who make our tools relevant in this digital age. They depend on the tools and services CC provides through their reuse and remix of the rich, open resources available on Wikipedia, Flickr, SoundCloud, Vimeo, Europeana, MIT OpenCourseWare, the Library of Science, Al Jazeera, and YouTube—just to name a few. Many of these people donate $10, $25, or $50 to CC, to help keep it up and running so we can continue to provide our tools and services for free, as a nonprofit organization. The more people who donate to CC, the more independent it will remain.

General License Information

What are Creative Commons licenses?

Creative Commons licenses provide an easy way to manage the copyright terms that attach automatically to all creative material under copyright. Our licenses allow that material to be shared and reused under terms that are flexible and legally sound. Creative Commons offers a core suite of six copyright licenses. Because there is no single “Creative Commons license,” it is important to identify which of the six licenses you are applying to your material, which of the six licenses has been applied to material that you intend to use, and in both cases the specific version.

All of our licenses require that users provide attribution (BY) to the creator when the material is used and shared. Some licensors choose the BY license, which requires attribution to the creator as the only condition to reuse of the material. The other five licenses combine BY with one or more of three additional license elements: NonCommercial (NC), which prohibits commercial use of the material; NoDerivatives (ND), which prohibits the sharing of adaptations of the material; and ShareAlike (SA), which requires adaptations of the material be released under the same license.

CC licenses may be applied to any type of work, including educational resources, music, photographs, databases, government and public sector information, and many other types of material. The only categories of works for which CC does not recommend its licenses are computer software and hardware. You should also not apply Creative Commons licenses to works that are no longer protected by copyright or are otherwise in the public domain. Instead, for those works in the worldwide public domain, we recommend that you mark them with the Public Domain Mark.

How do CC licenses operate?

CC licenses are operative only when applied to material in which a copyright exists, and even then only when a particular use would otherwise not be permitted by copyright. Note that the latest version of CC licenses also applies to rights similar to copyright, such as neighboring rights and sui generis database rights. Learn more about the scope of the licenses. This means that CC license terms and conditions are not triggered by uses permitted under any applicable exceptions and limitations to copyright, nor do license terms and conditions apply to elements of a licensed work that are in the public domain. This also means that CC licenses do not contractually impose restrictions on uses of a work where there is no underlying copyright. This feature (and others) distinguish CC licenses from some other open licenses like the ODbL and ODC-BY, both of which are intended to impose contractual conditions and restrictions on the reuse of databases in jurisdictions where there is no underlying copyright or sui generis database right.

All CC licenses are non-exclusive: creators and owners can enter into additional, different licensing arrangements for the same material at any time (often referred to as “dual-licensing” or “multi-licensing”). However, CC licenses are not revocable once granted unless there has been a breach, and even then the license is terminated only for the breaching licensee.

There are also videos and comics that offer visual descriptions of how CC licenses work.

Which is the latest version of the licenses offered by Creative Commons?

In November 2013, Creative Commons published the version 4.0 license suite. These licenses are the most up-to-date licenses offered by CC, and are recommended over all prior versions. You can see how the licenses have been improved over time on the license versions page. 4.0 has been drafted to be internationally valid, and will have official translations becoming available after publication.

No. By design, CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions. This is a fundamental principle of CC licensing.

Who gives permission to use material offered under Creative Commons licenses?

Our licenses and legal tools are intended for use by anyone who holds copyright in the material. This is often, but not always, the creator.

Creative Commons offers licenses and tools to the public free of charge and does not require that creators or other rights holders register with CC in order to apply a CC license to a work. This means that CC does not have special knowledge of who uses the licenses and for what purposes, nor does CC have a way to contact creators beyond means generally available to the public. CC has no authority to grant permission on behalf of those persons, nor does CC manage those rights on behalf of others.

If you would like to obtain additional permissions to use the work beyond those granted by the license that has been applied, or if you’re not sure if your intended use is permitted by the license, you should contact the rights holder.

Are Creative Commons licenses enforceable in a court of law?

Creative Commons licenses are drafted to be enforceable around the world, and have been enforced in court in various jurisdictions. To CC’s knowledge, the licenses have never been held unenforceable or invalid.

CC licenses contain a “severability” clause. This allows a court to eliminate any provision determined to be unenforceable, and enforce the remaining provisions of the license.

What happens if someone applies a Creative Commons license to my work without my knowledge or authorization?

CC alerts prospective licensors they need to have all necessary rights before applying a CC license to a work. If that is not the case and someone has marked your work with a CC license without your authorization, you should contact that person and tell them to remove the license from your work. You may also wish to contact a lawyer. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What are the international (“unported”) Creative Commons licenses, and why does CC offer “ported” licenses?

One of CC’s goals is ensuring that all of its legal tools work globally, so that anyone anywhere in the world can share their work on globally standard terms. To this end, CC offers a core suite of six international copyright licenses (formerly called the “unported”) that are drafted based largely on various international treaties governing copyright, taking into account as many jurisdiction-specific legal issues as possible. The latest version (4.0) has been drafted with particular attention to the needs of international enforceability.

For version 3.0 and earlier, Creative Commons has also offered ported versions of its six core licenses for many jurisdictions (which usually correspond to countries, but not always). These ported licenses are based on the international license suite but have been modified to reflect local nuances in the expression of legal terms and conditions, drafting protocols, and language. The ported licenses and the international licenses are all intended to be legally effective everywhere. CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

Can governments and intergovernmental organizations (“IGOs”) use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors’ overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the “machine readable” layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]”; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you’re uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC’s Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC’s legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC’s Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and running pilot programs that allow creators to use CC licenses in some circumstances.

If you are already a member of a collecting society and want to use CC licenses, you are welcome to encourage your collecting society to give you the option of Creative Commons licensing.

Can I still make money from a work I make available under a Creative Commons license?

Yes. One of our goals is to encourage creators and rights holders to experiment with new ways to promote and market their work. There are several possible ways of doing this.

CC’s NonCommercial (NC) licenses allow rights holders to maximize distribution while maintaining control of the commercialization of their works. If you want to reserve the right to commercialize your work, you may do this by choosing a license with the NC condition. If someone else wants to use your work commercially and you have applied an NC license to your work, they must first get your permission. As the rights holder, you may still sell your own work commercially.

You may also use funding models that do not depend on using an NC license. For example, many artists and creators use crowdfunding to fund their work before releasing it under a less restrictive license. Others use a “freemium” model where the basic content is free, but extras such as a physical printed version or special access to a members-only website are for paying customers only.

For more information and ideas, The Power of Open presents case studies of artists, businesspeople, and organizations who use CC.

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

No. CC licenses allow for flexibility in the way credit is provided depending on the medium, means, and context in which a licensee is redistributing licensed material. For example, providing attribution to the creator when using licensed material in a blog post may be different than doing so in a video remix. This flexibility facilitates compliance by licensees and reduces uncertainty about different types of reuse—minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded.

Can I change the license terms or conditions?

Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons” or “CC” license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials. Keep in mind that altering terms and conditions is distinct from waiving existing conditions or granting additional permissions than those in the licenses. Licensors may always do so, and many choose to do so using the CC+ protocol to readily signal the waiver or additional permission on the CC license deed.

CC does not assert copyright in the text of its licenses, so you are permitted to modify the text as long as you do not use the CC marks to describe it. However, we do not recommend this. We also advise against modifying our licenses through indirect means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other material. This would prevent licensees from using, combining, or remixing content under your customized license with other content under the same or compatible CC licenses.

Modifying licenses creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.

Can I waive license terms or conditions?

Yes. You may always choose to waive some license terms or conditions. Material licensed under a CC license but with additional permissions granted or conditions waived may be compatibly licensed with other material under the same license. Our CC+ protocol provides a mechanism for facilitating that grant or waiver.

Can I enter into separate or supplemental agreements with users of my work?

Yes. CC licenses are nonexclusive. Licensors always have the option of entering into separate arrangements for the sharing of their material in addition to applying a CC license. However, those different arrangements are not “CC” or “Creative Commons” licenses.

Separate agreements: You may offer the licensed material under other licenses in addition to the CC license (a practice commonly referred to as “dual licensing”). For example, you may wish to license a video game soundtrack under both a CC license and the GPL, so that it may be used under either set of terms. A reuser may then choose which set of terms to comply with. Or, for example, you may offer your material to the public under a NonCommercial license, but offer commercial permissions to fee-paying customers.

Supplemental agreements: Problems arise when licensors design those terms or arrangements to serve not as separate, alternative licensing arrangements but as supplemental terms having the effect of changing the standard terms within the CC license. While you may offer separate terms and conditions to other parties, you should not do so in such a way that would neutralize terms of the CC license.

Except in the limited situation where more permissions are being granted or license conditions are waived, if the additional arrangement modifies or conflicts with the CC license terms, then the resulting licensing arrangement is no longer a CC licensing arrangement. To avoid confusing those who may mistakenly believe the work is licensed under standard CC terms, we must insist that in these instances licensors not use our trademarks, names, and logos in connection with their custom licensing arrangement.

It should be noted that any agreements you make with other parties only have an effect on the other parties to that agreement, and do not apply to anyone else receiving the licensed material. For example, if there are terms of use that apply to visitors to your website on which you host CC-licensed material, your terms of use may apply to visitors to that website, but not to anyone who receives copies of the CC-licensed material elsewhere. Even for the visitors to your website, any separate terms and conditions do not become part of the license—they remain a separate contractual agreement, and violation of this agreement does not constitute copyright infringement.

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

A CC license terminates automatically when its conditions are violated. For example, if a reuser of CC-licensed material does not provide the attribution required when sharing the work, then the user no longer has the right to continue using the material and may be liable for copyright infringement. The license is terminated for the user who violated the license. However, all other users still have a valid license, so long as they are in compliance.

Under the 4.0 licenses, a licensee automatically gets these rights back if she fixes the violation within 30 days of discovering it.

If you apply a Creative Commons license and a user violates the license conditions, you may opt to contact the person directly to ask them to rectify the situation or consult a lawyer to act on your behalf. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

As long as users abide by license terms and conditions, licensors cannot control how the material is used. However, CC licenses do provide several mechanisms that allow licensors to choose not to be associated with their material or to uses of their material with which they disagree.

First, all CC licenses prohibit using the attribution requirement to suggest that the licensor endorses or supports a particular use. Second, licensors may waive the attribution requirement, choosing not to be identified as the licensor, if they wish. Third, if the licensor does not like how the material has been modified or used, CC licenses require that the licensee remove the attribution information upon request. (In 3.0 and earlier, this is only a requirement for adaptations and collections; in 4.0, this also applies to the unmodified work.) Finally, anyone modifying licensed material must indicate that the original has been modified. This ensures that changes made to the original material–whether or not the licensor approves of them–are not attributed back to the licensor.

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

The use of any effective technical protection measures (such as digital rights management or “DRM”) by licensees to prevent others from exercising the licensed rights is prohibited.

Not all kinds of encryption or access limitations are prohibited by the licenses. For example, sending content via email and encrypting it with the recipient’s public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a particular set of users (for example, by requiring a username and password to enter a site) does not restrict further use of the content by the recipients. In these examples, these things do not prevent the recipient from exercising all of the rights granted by the license, including the right to redistribute it further.

If someone is applying effective technological measures to your CC-licensed material that do restrict exercise of the licensed rights (such as applying DRM that restricts copying), this is a violation of the license terms unless you have chosen to grant this permission separately.

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

No. CC licenses grant permission to use the licensed material in any media or format regardless of the format in which it has been made available. This is true even if you have applied a NoDerivatives license to your work. Once a CC license is applied to a work in one format or medium, a licensee may use the same work in any other format or medium without violating the licensor’s copyright.

What if I change my mind about using a CC license?

CC licenses are not revocable. Once something has been published under a CC license, licensees may continue using it according to the license terms for the duration of applicable copyright and similar rights. As a licensor, you may stop distributing under the CC license at any time, but anyone who has access to a copy of the material may continue to redistribute it under the CC license terms. While you cannot revoke the license, CC licenses do provide a mechanism for licensors to ask that others using their material remove the attribution information. You should think carefully before choosing a Creative Commons license.

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

CC offers six core licenses, each of which grants a different set of permissions. Before you use CC-licensed material, you should review the terms of the particular license to be sure your anticipated use is permitted. If you wish to use the work in a manner that is not permitted by the license, you should contact the rights holder (often the creator) to get permission first, or look for an alternative work that is licensed in a way that permits your anticipated use. Note that if you use material in a way that is not permitted by the applicable license and your use is not otherwise permitted by an applicable copyright exception or limitation, the license is automatically terminated and you may be liable for copyright infringement, even if you are eligible to have your rights reinstated later.

Before using material offered under a Creative Commons license, you should know that CC licenses only grant permissions needed under copyright and similar rights, and there may be additional rights you need to use it as intended. You should also understand that licensors do not offer warranties or guarantees about the material they are licensing unless expressly indicated otherwise. All materials are licensed “AS IS” and a disclaimer of warranties applies unless expressly provided otherwise. If you want to ask for a warranty or guarantee about rights to use the material, you should talk with the licensor before using it.

Does a Creative Commons license give me all the rights I need to use the work?

It depends. CC licenses do not license rights other than copyright and similar rights (which include sui generis database rights in version 4.0). For example, they do not license trademark or patent rights, or the publicity, personality, and privacy rights of third parties. However, licensors agree to waive or not assert any moral rights, publicity rights, personality rights, or privacy rights they themselves hold, to the limited extent necessary to allow exercise of the licensed rights. Any rights outside of the scope of the license may require clearance (i.e., permission) in order to use the work as you would like.

Additionally, creative works sometimes incorporate works owned by others (known as “third party content”), often used pursuant to a CC license or under an exception or limitation to copyright such as fair use in the U.S. You should make sure you have permission to use any third party content contained in the work you want to use, or that your use is otherwise allowed under the laws of your jurisdiction, particularly in cases such as fair use where your right to use the content depends on the particular context in which you plan to use it.

All CC licenses contain a disclaimer of warranties, meaning that the licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work. You may wish to obtain legal advice before using CC-licensed material if you are not sure whether you have all the rights you need.

What if there are sui generis database rights that apply to my use of a CC-licensed database?

In the somewhat limited circumstances where sui generis database rights apply to your use, special conditions apply and there are more specific considerations you should be aware of. Under 4.0, sui generis database rights are licensed alongside copyright, but the treatment in earlier versions of the license varies. A fuller explanation of these variations and related considerations is available in the Data FAQ.

Where can I find material offered under a CC license?

If you are looking for material offered under a Creative Commons license, CC Search is a good starting point. There is also a directory of organizations and individuals who use CC licenses. Some media sites, such as Flickr, have search filters for material licensed using CC’s licenses.

Be sure to confirm that the material you want to use is actually under a CC license, as search results may sometimes be misleading.

Are Creative Commons works really free to use?

Yes. While many if not most CC-licensed works are available at no cost, some licensors charge for initial access to CC-licensed works—for example, by publishing CC-licensed content only to subscribers, or by charging for downloads. However, even if you have paid an access charge, once you have a copy of CC-licensed material, you may make any further uses permitted by the license without paying licensing fees.

(If you wish to make uses that are not permitted by the license—for example, making a commercial use of an NC-licensed photo—the licensor may charge for those additional rights.)

What should I know about differences between the international licenses and the ported licenses?

As a licensee, you should always read and understand the relevant license’s legal code before using CC-licensed material, particularly if you are using material that is licensed using a ported license with which you are unfamiliar. Our porting process involved adapting the international licenses to the legal framework of different jurisdictions, and in that process slight adjustments may have been made that you should make yourself aware of in advance of using the material. You can find more information about the ported licenses in the Jurisdiction Database.

There are currently no ported versions of 4.0, and we expect there will be few, if any, in the future. All official translations of the 4.0 international licenses are equivalent: you may substitute one for another depending on your preferred language.

However, the ported versions of 3.0 and earlier sometimes contain small differences from the international license depending on the ways in which they have been adapted to their jurisdictions. For example, a handful of the ported licenses contain provisions specifying which laws will apply in the event the licensor chooses to enforce the license, and a few of the ported licenses contain forum selection clauses.

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Contact the rights holders to ask for permission. Otherwise, unless an exception or limitation to copyright applies, your use of the material may violate the Creative Commons license. If you violate the terms of the license, your rights to use the material will be automatically terminated, and you may be liable for copyright infringement.

Do I always have to comply with the license terms? If not, what are the exceptions?

You need to comply with the license terms if what you are doing would otherwise require permission from the rights holder. If your use would not require permission from the rights holder because it falls under an exception or limitation, such as fair use, or because the material has come into the public domain, the license does not apply, and you do not need to comply with its terms and conditions. Additionally, if you are using an excerpt small enough to be uncopyrightable, the license does not apply to your use, and you do not need to comply with its terms.

However, if you are using excerpts of CC-licensed material which individually are minimal and do not require license compliance, but together make up a significant copyrightable chunk, you must comply with the license terms. For example, if you quote many individual lines from a poem across several sections of a blog post, and your use is not a fair use, you must comply with the license even though no individual line would have been a substantial enough portion of the work to require this.

Attribution

How do I properly attribute material offered under a Creative Commons license?

All CC licenses require users to attribute the creator of licensed material, unless the creator has waived that requirement, not supplied a name, or asked that her name be removed. Additionally, you must retain a copyright notice, a link to the license (or to the deed), a license notice, a notice about the disclaimer of warranties, and a URI if reasonable. For versions prior to 4.0, you must also provide the title of the work. (Though it is not a requirement in 4.0, it is still recommended if one is supplied.)

You must also indicate if you have modified the work—for example, if you have taken an excerpt, or cropped a photo. (For versions prior to 4.0, this is only required if you have created an adaptation by contributing your own creative material, but it is recommended even when not required.) It is not necessary to note trivial alterations, such as correcting a typo or changing a font size. Finally, you must retain an indication of previous modifications to the work.

CC licenses have a flexible attribution requirement, so there is not necessarily one correct way to provide attribution. The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner. Additionally, you may satisfy the attribution requirement by providing a link to a place where the attribution information may be found.

While the attribution requirements in the license are the minimum requirement, we always recommend that you follow the best practices for the kind of use you are making. For example, if you are using scientific data marked with CC0, you are not required to give attribution at all, but we recommend that you give the same credit you would give to any other source—not because the license requires it, but because that is the standard for letting others know the source of the data.

The CC website offers some best practices to help you attribute properly, and the CC Australia team has developed a helpful guide to attributing CC-licensed material (.pdf) in different formats. Note that the attribution and marking requirements vary slightly among license versions. See here for a chart comparing the specific requirements.

Do I need to be aware of anything else when providing attribution?

Yes. You need to be careful not to imply any sponsorship, endorsement, or connection with the licensor or attribution party without their permission. Wrongfully implying that a creator, publisher, or anyone else endorses you or your use of a work may be unlawful. Creative Commons makes the obligation not to imply endorsement explicit in its licenses. In addition, if the licensor of a work requests that you remove the identifying credit, you must do so to the extent practical.

Additionally, when you are using a work that is an adaptation of one or more pre-existing works, you may need to give credit to the creator(s) of the pre-existing work(s), in addition to giving credit to the creator of the adaptation.

Do I always have to attribute the creator of the licensed material?

You must attribute the creator when you provide material to the public by any means that is restricted by copyright or similar rights. If you are using the material personally but are not making it or any adaptations of it available to others, you do not have to attribute the licensor. Similarly, if you are only distributing the material or adaptations of it within your company or organization, you do not have to comply with the attribution requirement. Learn more about when compliance with the license is not required.

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such.

Can I take a CC-licensed work and use it in a different format?

Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.

This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work.

How do I know if a low-resolution photo and a high-resolution photo are the same work?

As with most copyright questions, it will depend on applicable law. Generally, to be different works under copyright law, there must be expressive or original choices made that make one work a separate and distinct work from another. The determination depends on the standards for copyright in the relevant jurisdiction.

Under U.S. copyright law, for example, mechanical reproduction of a work into a different format is unlikely to create a separate, new work. Consequently, digitally enhancing or changing the format of a work absent some originality, such as expressive choices made in the enhancement or encoding, will not likely create a separate work for copyright purposes. The creative bar is low, but it is not non-existent. Accordingly, in some jurisdictions releasing a photograph under a CC license will give the public permission to reuse the photograph in a different resolution.

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

The NoDerivs licenses (BY-ND and BY-NC-ND) prohibit reusers from creating adaptations. What constitutes an adaptation, otherwise known as a derivative work, varies slightly based on the law of the relevant jurisdiction.

Incorporating an unaltered excerpt from an ND-licensed work into a larger work only creates an adaptation if the larger work can be said to be built upon and derived from the work from which the excerpt was taken. Generally, no derivative work is made of the original from which the excerpt was taken when the excerpt is used to illuminate an idea or provide an example in another larger work. Instead, only the reproduction right of the original copyright holder is being exercised by person reusing the excerpt. All CC licenses grant the right to reproduce a CC-licensed work for noncommercial purposes (at a minimum). For example, a person could make copies of one chapter of an ND-licensed book and not be in violation of the license so long as other conditions of the license are met.

There are exceptions to that general rule, however, when the excerpts are combined with other material in a way that creates some new version of the original from which the excerpt is taken. For example, if a portion of a song was used as part of a new song, that may rise to the level of creating an adaptation of the original song, even though only a portion of it was used and even if that portion was used as-is.

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

No. When you receive material under a Creative Commons license, you may not place additional terms and conditions on the reuse of the work. This includes using effective technological measures (ETMs) that would restrict a licensee’s ability to exercise the licensed rights.

A technological measure is considered an ETM if circumventing it carries penalties under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements. Generally, this means that the anti-circumvention laws of various jurisdictions would cover attempts to break it.

For example, if you remix a CC-licensed song, and you wish to share it on a music site that places digital copy-restriction on all uploaded files, you may not do this without express permission from the licensor. However, if you upload that same file to your own site or any other site that does not apply DRM to the file, and a listener chooses to stream it through an app that applies DRM, you have not violated the license.

Note that merely converting material into a different format that is difficult to access or is only available for certain platforms does not violate the restriction; you may do this without violating the license terms.

Can I share CC-licensed material on password-protected sites?

Yes. This is not considered to be a prohibited measure, so long as the protection is merely limiting who may access the content, and does not restrict the authorized recipients from exercising the licensed rights. For example, you may post material under any CC license on a site restricted to members of a certain school, or to paying customers, but you may not place effective technological measures (including DRM) on the files that prevents them from sharing the material elsewhere.

(Note that charging for access may not be permitted with NC-licensed material; however, it is not disallowed by the restriction on ETMs.)

Can I share CC-licensed material on file-sharing networks?

Yes. All CC licenses allow redistribution of the unmodified material by any means, including distribution via file-sharing networks. Note that file-trading is expressly considered to be noncommercial for purposes of compliance with the NC licenses. Barter of NC-licensed material for other items of value is not permitted.

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

If you have received material under a CC license that is encumbered with effective technological measures (such as digital rights management or DRM), you may or may not be permitted to break it, depending on the circumstances. By releasing material under a CC license, the licensor agrees not to assert any rights she may have to prevent the circumvention of effective technological measures. (Under the 3.0 and earlier licenses, this is implied but not explicit.) However, if she has uploaded it to a site or other distribution channel that itself applies such measures, that site may have the right to prevent you from breaking them, even though the licensor herself cannot do so.

Note that anti-circumvention laws can impose criminal liability in some jurisdictions.

What if I have received CC-licensed material with additional restrictions?

It is possible that CC-licensed material will appear on platforms that impose terms in addition to the copyright license (though Creative Commons strongly discourages restrictions that interfere with exercise of the licensed rights). These additional terms do not form part of the license for the work. For example, if you download CC-licensed material from a site that does not permit downloading, you may be breaking the terms of use of the site, but you are not infringing the CC license. See our guide to Modifying the CC licenses for more guidance and information.

Combining and adapting CC material

When is my use considered an adaptation?

Whether a modification of licensed material is considered an adaptation for the purpose of CC licenses depends primarily on the applicable copyright law. Copyright law reserves to an original creator the right to create adaptations of the original work. CC licenses that allow for adaptations to be shared—all except BY-ND and BY-NC-ND—grant permission to others to create and redistribute adaptations when doing so would otherwise constitute a violation of applicable copyright law. Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable, such as a translation of a novel from one language to another, or the creation of a screenplay based on a novel.

Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation, whether or not it would be considered so under applicable law. Also, under version 4.0, certain uses of databases restricted by sui generis database rights also constitute adaptations (called “Adapted Material” in the 4.0 licenses), whether or not they would be considered adaptations under copyright law. For more details about adaptations in the database context, see the Data FAQ.

Note that all CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license.

Note on terminology: throughout these FAQs, we use the term “remix” interchangeably with “adapt.” Both are designed to mean doing something that constitutes an adaptation under copyright law.

Can I combine material under different Creative Commons licenses in my work?

It depends. The first question to ask is whether doing so constitutes an adaptation. If the combination does not create an adaptation, then you may combine any CC-licensed content so long as you provide attribution and comply with the NonCommercial restriction if it applies. If you want to combine material in a way that results in the creation of an adaptation (i.e. a “remix”), then you must pay attention to the particular license that applies to the content you want to combine.

The NoDerivatives licenses do not permit remixing except for private use (the pre-4.0 licenses do not permit remixing at all, except as allowed by exceptions and limitations to copyright). All the other CC licenses allow remixes, but may impose limitations or conditions on how the remix may be used. For example, if you create a remix with material licensed under a ShareAlike license, you need to make sure that all of the material contributed to the remix is licensed under the same license or one that CC has named as compatible, and you must properly credit all of the sources with the required attribution and license information. Similarly, if you want to use a remix for commercial purposes, you cannot incorporate material released under one of the NonCommercial licenses.

The chart below shows which CC-licensed material can be remixed. To use the chart, find a license on the left column and on the top right row. If there is a check mark in the box where that row and column intersect, then the works can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies. See below for details on how remixes may be licensed.

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If you make adaptations of material under a CC license (i.e. “remix”), the original CC license always applies to the material you are adapting even once adapted. The license you may choose for your own contribution (called your “adapter’s license”) depends on which license applies to the original material. Recipients of the adaptation must comply with both the CC license on the original and your adapter’s license.

  • BY and BY-NC material

When remixing BY or BY-NC material, it is generally recommended that your adapter’s license include at least the same license elements as the license applied to the original material. This eases reuse for downstream users because they are able to satisfy both licenses by complying with the adapter’s license. For example, if you adapt material licensed under BY-NC, your adapter’s license should also contain the NC restriction. See the chart below for more details.

  • BY-SA and BY-NC-SA material

In general, when remixing ShareAlike content, your adapter’s license must be the same license as the license on the material you are adapting. All licenses after version 1.0 also allow you to license your contributions under a later version of the same license, and some also allow ported licenses. (See the license versions page for details.) If you wish to adapt material under BY-SA or BY-NC-SA and release your contributions under a non-CC license, you should visit the Compatibility page to see which options are allowed.

  • BY-ND and BY-NC-ND material

The BY-ND and BY-NC-ND licenses do not permit distribution of adaptations (also known as remixes or derivative works), and prohibits the creation of adaptations under the pre-4.0 versions of those licenses. Since you may not share remixes of these materials at all, there is no compatibility with other licenses. (Note that the ND licenses do allow you to reproduce the material in unmodified form together with other material in a collection, as indicated in the next FAQ.)

  • Adapter’s license chart

The chart below details the CC license(s) you may use as your adapter’s license. When creating an adaptation of material under the license identified in the lefthand column, you may license your contributions to the adaptation under one of the licenses indicated on the top row if the corresponding box is green. CC does not recommend using a license if the corresponding box is yellow, although doing so is technically permitted by the terms of the license. If you do, you should take additional care to mark the adaptation as involving multiple copyrights under different terms so that downstream users are aware of their obligations to comply with the licenses from all rights holders. Dark gray boxes indicate those licenses that you may not use as your adapter’s license.

Adapter’s license chart Adapter’s license
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work PD              
BY              
BY-NC              
BY-NC-ND              
BY-NC-SA              
BY-ND              
BY-SA              
Abbreviation Key

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

All Creative Commons licenses (including the version 4.0 licenses) allow licensed material to be included in collections such as anthologies, encyclopedias, and broadcasts. You may choose a license for the collection, however this does not change the license applicable to the original material.

When you include CC-licensed content in a collection, you still must adhere to the license conditions governing your use of the material incorporated. For example, material under any of the Creative Commons NonCommercial licenses cannot be used commercially. The table below indicates what type of CC-licensed works you may incorporate into collections licensed for commercial and noncommercial uses.

Original Work Commercial Collection (BY, BY-SA, BY-ND) NonCommercial Collection (BY-NC, BY-NC-SA, BY-NC-ND)
PD    
BY    
BY-NC    
BY-NC-ND    
BY-NC-SA    
BY-ND    
BY-SA    

License termination

When do Creative Commons licenses expire?

Creative Commons licenses expire when the underlying copyright and similar rights expire.

Note that the relevant rights may expire at different times. For example, you may have a CC-licensed song where the rights in the musical arrangement expire before the rights in the lyrics. In this case, when the copyright in the music expires, you may use it without being required to comply with the conditions of the CC license; however, you must still comply with the license if you use the lyrics.

What happens if the author decides to revoke the CC license to material I am using?

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms. Of course, you may choose to respect the licensor’s wishes and stop using the work.

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

All of the CC licenses terminate if you fail to follow the license conditions. If this happens, you no longer have a license to use the material.

In the 4.0 licenses, your rights under the license are automatically reinstated if you correct this failure within 30 days of discovering the violation (either on your own or because the licensor or someone else has told you). Under the 3.0 and earlier licenses, there is no automatic reinstatement.

If you have lost your rights under a CC license and are not entitled to automatic reinstatement, you may regain your rights under the license if the licensor expressly grants you permission. You cannot simply re-download the material to get a new license.

Note that you may still be liable for damages for copyright infringement for the period where you were not in compliance with the license.

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

The Creative Commons licenses have three layers, as does the CC0 public domain dedication: the human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The Public Domain Mark is not legally operative, and so has only two layers: the human-readable mark and machine-readable metadata.

When material is licensed using any of the CC licenses or tools, it is highly recommended that a CC button, text, or other marker somehow accompany it. There are many possible modes for marking. For our licenses, people generally use the CC license chooser to generate HTML code that can be pasted into the webpage where the licensed material is published. CC0 and the Public Domain Mark have a separate chooser. Many platforms and web services such as Flickr and Drupal support CC licensing directly, allowing you to select an appropriate license. The service then properly marks the work for you.

CC has published some best practices for marking your CC-licensed material, and recommends:

  • Including a visual indicator (some combination of text and images) that the work is licensed with one of the CC licenses.
  • Clearly indicating what material is covered under the CC license, especially if it’s presented alongside non-licensed materials.
  • Including a link to the human-readable deed (which itself contains a link to the legal code).
  • Embedding machine-readable metadata in the code of the license indicator or code of the licensed page.

See the marking page for more details.

What does it mean that Creative Commons licenses are “machine-readable”?

Creative Commons has specified CC REL as a way to associate machine-readable licensing metadata with objects offered under CC licenses.

Before Creative Commons developed this vocabulary, it was difficult for a machine to ascertain whether an object was marked with a CC license. There was also no standard, predictable place to house metadata about that license (for example, the source URL of the work or the required mode of attribution).

Machine-readable metadata based on well-accepted metadata standards creates a platform upon which new services and applications can be built. Software and services can detect CC licenses and the details of that license, as described by the metadata. For example, on many websites and search engines such as Google and Flickr, you can run filtered searches for works offered under specific CC licenses. In addition, CC license deeds can automatically create copy-and-paste attribution code so users may easily comply with the BY condition of the licenses. When you click on a CC license or button from a page with license metadata, you get copy-and-paste attribution HTML within that license deed page. That HTML is based on available RDFa metadata in the original material.

All HTML provided by the CC license chooser is automatically annotated with metadata in RDFa format.

What is RDFa?

RDFa is a method for embedding structured data in a web page. For more information about RDFa, see the following resources:

What is CC REL and why does Creative Commons recommend it?

Creative Commons Rights Expression Language (CC REL) renders information about licenses and works machine-readable through standards that define the semantic web. Creative Commons wants to make it easy for creators and scientists to build upon the works of others when they choose; licensing your work for reuse and finding properly licensed works to reuse should be easy. CC recommends that you mark your licensed works with CC REL. The Creative Commons license chooser provides HTML annotated with CC REL, while the Creative Commons deeds recognize CC REL on web pages with works offered under a CC license, and use this metadata to enhance the deed for properly marked-up works, e.g., by providing copy and paste HTML that includes work attribution.

For more background information on CC REL, please refer to this paper.

What does it mean for a search engine to be CC-enabled?

Some search engines (like Google) allow people to filter their search results by usage rights so that you can limit your search results according to the particular CC license you seek. For example, if you are looking for a photo to adapt, you can filter your search to return photos that have a CC license that permits creation of adaptations. You can generally find this search feature on the advanced search page of your selected search engine. You can also use CC Search, which offers a convenient interface to search and a list of those content providers that support searches for content based on usage rights.

Please note, however, that you should always double check to make sure that the work you locate through a search is licensed as you wish.

How do I give users of my site the option to use CC licensing like Flickr does?

Creative Commons provides tools for integrating license selection with your site. You can find an overview at the Web Integration article on the CC wiki. The Partner Interface is a good way to get started and will always have the most up-to-date license versions and translations. However, there is also an API available if you want more control.

How can I change or remove the Creative Commons search option built into the Firefox browser?

Mozilla has included the Creative Commons search function in many versions of Firefox along with search options for Google, Amazon, and other popular sites. Please take a look at the Firefox article on the CC wiki for an explanation of how to change these features.

If you want to add or remove a particular search option, click on the logo in the search box (for example, the CC logo or the Google logo). This will open the pull down menu, which will allow you to select different search providers. If you choose “Manage Search Engines,” you will be able to add or remove search engines. You can also alter the order in which the search providers appear on the pull down menu.

Is Creative Commons involved in digital rights management (DRM)?

No. CC licenses are a form of rights expression, not rights management. CC provides tools to make it easier for creators and owners to say which rights they reserve and permissions they grant. This is different from digital rights management (or “DRM”), which uses technological protection measures to prevent people from using the work in a way that the owner has not permitted.

CC licenses contain language prohibiting licensees from the use of effective technological measures (including DRM) to prevent access to licensed material: ”You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any such recipient.”

While licensors may apply effective technological measures (ETMs) to their own materials, the licensor provides a limited permission to circumvent these measures: “The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures.” Note that this only applies to effective technological measures applied by licensors themselves: third parties such as distribution platforms may still apply ETMs if the licensor uploads there, and the license is not able to grant you permission to circumvent it.

Copyright law grants exclusive rights to creators of original works of authorship. National laws usually extend protections to such works automatically once fixed in a tangible medium, prohibiting the making of copies without the rights holder’s permission, among other things. On the internet, even the most basic activities involve making copies of copyrighted content. As content is increasingly uploaded, downloaded, and shared online, copyright law is becoming more relevant to more people than it was 20 years ago. Unfortunately, infringing copyrights—even unintentionally or unknowingly—can lead to liability. Successful navigation of the internet requires some understanding of copyright law.

What is the public domain?

The public domain of copyright refers to the aggregate of those works that are not restricted by copyright within a given jurisdiction. A work may be part of the public domain because the applicable term of copyright has expired, because the rights holder surrendered copyright in the work with a tool like CC0, or because the work did not meet the applicable standards for copyrightability.

Because the public domain depends on the copyright laws in force within a particular territory, sometimes a work may be considered “in the public domain” of one jurisdiction, but not in another. For example, U.S. government works are automatically in the public domain under U.S. copyright law, but might be restricted by copyright in other countries.

The Public Domain Manifesto, the University Libraries page, and the CC0 FAQs all contain additional information about the public domain.

Copyright in most jurisdictions attaches automatically without need for any formality once a creative work is fixed in tangible form (i.e. the minute you put pen to paper, take a photo, or hit the “save” button on your computer).

In some jurisdictions, creators may be required to register with a national agency in order to enforce copyright in court. If you would like more information, please consult the Berne Convention or your jurisdiction’s copyright law.

Although you do not have to apply a copyright notice for your work to be protected, it may be a useful tool to clearly signal to people that the work is yours. It also tells the public who to contact about the work.

What is an adaptation?

An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.

In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter’s personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil’s copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction’s copyright law for more information.

What are moral rights?

Copyright laws in many jurisdictions around the world grant creators “moral rights” in addition to the economic or commercial right to exploit their creative works. Moral rights protect the personal and reputational value of a work for its creator. Moral rights differ by country, and can include the right of attribution, the right to have a work published anonymously or pseudonymously, and/or the right to the integrity of the work. The moral right of integrity may provide creators with a source for redress if an adaptation represents derogatory treatment of their work, typically defined as “distortion or mutilation” of the work or treatment that is “prejudicial to the honor, or reputation of the author.” Not all jurisdictions provide for moral rights.

The CC licenses are intended to minimize the effect of moral rights on a licensee’s ability to use licensed material; however, in some jurisdictions, these rights may still have an effect. CC offers some additional information on how CC licenses may affect your moral rights.

What are neighboring rights?

Copyright provides an incentive to create works by providing exclusive rights to creators. However, the distribution or exploitation of a work often involves more than just the creator. For example, if someone writes a song, someone else may perform the song, and another may produce the recording of the song. Some jurisdictions extend copyright to the contributions made by these persons; other jurisdictions extend such exclusive rights in the form of neighboring rights. Neighboring rights may include performers’ rights or broadcasters’ rights, among others. The Rome Convention sets forth some guidelines on the scope of neighboring rights. Not all jurisdictions recognize neighboring rights.

What are sui generis database rights?

Sui generis database rights grant qualifying database makers the right to prohibit the extraction and reuse of a substantial portion of a database. The rights are granted to database makers that make a substantial investment of time and resources to create the database. Sui generis database rights are primarily enacted within the European Union and a handful of other jurisdictions.

What are collecting societies?

Collecting societies are copyright management organizations. Some examples of collecting societies include ASCAP and BMI (United States), BUMA/STEMRA (Netherlands), PRS (United Kingdom), and APRA (Australia). These societies license works on behalf of their owners and process royalty payments from parties using the copyrighted works.

CC offers additional information on how collecting societies might affect your rights and your ability to apply CC licenses to your work. CC has several pilots underway with collecting societies that have chosen to allow their members to use CC licenses on a limited basis.

What are publicity, personality, and privacy rights?

These terms are used differently in different jurisdictions. Generally speaking, these rights allow individuals to control the use of their voice, image, likeness, or other identifiable aspect of their identity, especially for purposes of commercial exploitation. Similarly, in some jurisdictions these rights allow people to restrict others’ ability to publish information about them without their permission. Whether and to what extent these rights exist, and if so, how they are labeled, varies depending on the jurisdiction.

Creative Commons licenses have a limited effect on these rights where the licensor holds them. Where the licensor has publicity, personality, or privacy rights that may affect your ability to use the material as the license intends, the licensor agrees to waive or not assert those rights. However, any such rights not held by the licensor are not affected and may still affect your desired use of a licensed work. If you have created a work or wish to use a work that might in some way implicate these rights, you may need to obtain permission from the individuals whose rights may be affected.

Data

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

: Uses of CC Licenses with Data and Databases : Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker’s investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [marking page]https://wiki.creativecommons.org/wiki/Marking_your_work_with_a_CC_license “wikilink”) for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights–but not copyright–are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.1 These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker’s substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Artificial intelligence and CC licenses

What are the limits on how CC-licensed works can be used in the development of new technologies, such as training of artificial intelligence software?

The licenses grant permission for reuse in any situation that requires permission under copyright. There are many ways in which CC-licensed work works and even all rights reserved works can be reused without permission. This includes uses that are fair uses, for example.

If someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected. This is one of the enduring qualities of our licenses — they have been carefully designed to work with all new technologies where copyright comes into play. No special or explicit permission regarding new technologies from a copyright perspective is required.

But what about privacy laws, rules governing ethical research, and data protection laws?

CC’s copyright licenses are not universal policy tools. Copyright is the primary obstacle to reuse that our licenses solve, but there are many other issues related to the reuse of content that our licenses do not address and that reusers should be aware of. These can include privacy and rules governing ethical research and the collection or use of data, which have to be addressed and respected separate and apart from the copyright issues that CC licenses cover.

What attribution obligations exist when CC-licensed images are included in a published dataset? Is linking to the original image or URI required, and if so, is it adequate?

It depends. First, keep in mind that CC licenses never limit uses that copyright doesn’t control. For example, as a general matter text and data mining in the United States is considered a fair use and does not require permission under copyright. This means that reusers engaged in text and data mining do not have to adhere to the marking and attribution requirements in our licenses for that activity even though we strongly recommend they do so anyway. A second example is linking. In some countries, linking to copyrighted content doesn’t require permission under copyright law, which means the CC license obligations do not come into play even though the linked content is CC-licensed.

Where a CC-licensed work is distributed as part of a database or dataset, and assuming copyright (or in the European Union, copyright or sui generis database rights) is triggered, then the license conditions must be respected. This means providing the required attribution information in a way that is reasonable under the circumstances. Our licenses allow for some flexibility, and in some cases that may be as simple as providing a link to the website where the relevant attribution information is provided. Visit our marking practices page for more information.

If a for-profit company uses CC-licensed content under a Non Commercial license and releases the work under terms that allow only research purposes, is the NC restriction violated?

This depends on whether any of the uses made of the works by the company, whether for profit or non profit, are primarily intended for commercial advantage or monetary compensation. This is hard to know without having all of the facts about how a work was used, whether internally by the company for its own purposes or how the work was distributed for further use. Visit our NC page for more information about what constitutes commercial and non commercial uses of works.

If NC-licensed content is redistributed to the public under an NC license, that distribution would not violate the NC clause. (Note that CC strongly discourages the use of any license terms other than a CC NC license for redistributions of NC-licensed content.)

If CC SA-licensed content is included in a database, does the entire database have to be licensed under an SA license?

CC licenses never require a reuser of a CC-licensed work to make the original work or resulting works (collections, derivatives, etc.) publicly available. There are lots of private reuses of works that are permitted by CC’s licenses that do not require compliance with their terms. Regarding ShareAlike, the condition only applies if a work is modified and if the work is shared publicly. In the situation where a reuser created a dataset of photos and made it publicly available, and assuming copyright permission is required, then what is released is likely a collection or compilation of pre-existing works. CC licenses do not require the collection or the compilation itself to be made available under an SA license, even though each individual work is still licensed individually under an SA license and if they were modified by the distributor the modified photo would need to be licensed under the same terms. For example, were Creative Commons to compile photographs from a photo sharing website under a BY-SA 2.0 license and create a database that it then publicly distributed, CC could license the collection as a whole under a BY license, but the photographs would continue to be licensed under BY-SA 2.0.

What, if any, remedies, do users have if they dislike how their photos or images have been reused?

Several remedies are potentially available. Some may be available if the CC license terms have been violated, and others may be available through other, separate avenues because they involve other laws or regulations that the CC licenses do not cover. It’s important to remember, however, that absent a violation of the license the permissions granted under the license remain in place and cannot be revoked.

  • Under the CC licenses, even if a license condition has not been violated licensors can ask that attribution to them be removed so they can distance themselves from the reuse.
  • For violations of a CC license term where the license was required (not a fair use, etc.) then you may have a claim for copyright infringement. Fortunately, in the CC community most license violations are handled amicably without resorting to the courts.
  • For claims involving laws and regulations other than copyright, recourse may be available depending on your local laws.

An important starting point for any would-be sharer of content under a CC license is to educate yourself in advance about how they work and what rights they do and do not cover. We have many FAQs on our website. We also provide human-readable deeds with links to the full text of our licenses. Additionally, all of our licenses highlight at the beginning many considerations that licensors should have in mind before they license, and considerations for reusers of works before they do so in order to avoid inadvertent violations.

Notes

  1. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).↩

#####EOF##### About The Licenses - Creative Commons

About The Licenses

Creative Commons has updated its Master Terms of Service and Master Privacy Policy, effective November 7, 2017. Before continuing on our websites or using our services, please review.

What our licenses do

The Creative Commons copyright licenses and tools forge a balance inside the traditional “all rights reserved” setting that copyright law creates. Our tools give everyone from individual creators to large companies and institutions a simple, standardized way to grant copyright permissions to their creative work. The combination of our tools and our users is a vast and growing digital commons, a pool of content that can be copied, distributed, edited, remixed, and built upon, all within the boundaries of copyright law.

License design and rationale

All Creative Commons licenses have many important features in common. Every license helps creators — we call them licensors if they use our tools — retain copyright while allowing others to copy, distribute, and make some uses of their work — at least non-commercially. Every Creative Commons license also ensures licensors get the credit for their work they deserve. Every Creative Commons license works around the world and lasts as long as applicable copyright lasts (because they are built on copyright). These common features serve as the baseline, on top of which licensors can choose to grant additional permissions when deciding how they want their work to be used.

A Creative Commons licensor answers a few simple questions on the path to choosing a license — first, do I want to allow commercial use or not, and then second, do I want to allow derivative works or not? If a licensor decides to allow derivative works, she may also choose to require that anyone who uses the work — we call them licensees — to make that new work available under the same license terms. We call this idea “ShareAlike” and it is one of the mechanisms that (if chosen) helps the digital commons grow over time. ShareAlike is inspired by the GNU General Public License, used by many free and open source software projects.

Our licenses do not affect freedoms that the law grants to users of creative works otherwise protected by copyright, such as exceptions and limitations to copyright law like fair dealing. Creative Commons licenses require licensees to get permission to do any of the things with a work that the law reserves exclusively to a licensor and that the license does not expressly allow. Licensees must credit the licensor, keep copyright notices intact on all copies of the work, and link to the license from copies of the work. Licensees cannot use technological measures to restrict access to the work by others.

Try out our simple License Chooser.

Three “Layers” Of Licenses

Machine Readable

Human Readable

But since most creators, educators, and scientists are not in fact lawyers, we also make the licenses available in a format that normal people can read — the Commons Deed (also known as the “human readable” version of the license). The Commons Deed is a handy reference for licensors and licensees, summarizing and expressing some of the most important terms and conditions. Think of the Commons Deed as a user-friendly interface to the Legal Code beneath, although the Deed itself is not a license, and its contents are not part of the Legal Code itself.

The final layer of the license design recognizes that software, from search engines to office productivity to music editing, plays an enormous role in the creation, copying, discovery, and distribution of works. In order to make it easy for the Web to know when a work is available under a Creative Commons license, we provide a “machine readable” version of the license — a summary of the key freedoms and obligations written into a format that software systems, search engines, and other kinds of technology can understand. We developed a standardized way to describe licenses that software can understand called CC Rights Expression Language (CC REL) to accomplish this.

Searching for open content is an important function enabled by our approach. You can use Google to search for Creative Commons content, look for pictures at Flickr, albums at Jamendo, and general media at spinxpress. The Wikimedia Commons, the multimedia repository of Wikipedia, is a core user of our licenses as well.

Taken together, these three layers of licenses ensure that the spectrum of rights isn’t just a legal concept. It’s something that the creators of works can understand, their users can understand, and even the Web itself can understand.

The Licenses

Attribution
CC BY

This license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. This is the most accommodating of licenses offered. Recommended for maximum dissemination and use of licensed materials.

View License Deed | View Legal Code

Attribution-ShareAlike
CC BY-SA

This license lets others remix, tweak, and build upon your work even for commercial purposes, as long as they credit you and license their new creations under the identical terms. This license is often compared to “copyleft” free and open source software licenses. All new works based on yours will carry the same license, so any derivatives will also allow commercial use. This is the license used by Wikipedia, and is recommended for materials that would benefit from incorporating content from Wikipedia and similarly licensed projects.

View License Deed | View Legal Code

Attribution-NoDerivs
CC BY-ND

This license lets others reuse the work for any purpose, including commercially; however, it cannot be shared with others in adapted form, and credit must be provided to you.

View License Deed | View Legal Code

Attribution-NonCommercial
CC BY-NC

This license lets others remix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge you and be non-commercial, they don’t have to license their derivative works on the same terms.

View License Deed | View Legal Code

Attribution-NonCommercial-ShareAlike
CC BY-NC-SA

This license lets others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms.

View License Deed | View Legal Code

Attribution-NonCommercial-NoDerivs
CC BY-NC-ND

This license is the most restrictive of our six main licenses, only allowing others to download your works and share them with others as long as they credit you, but they can’t change them in any way or use them commercially.

View License Deed | View Legal Code

We also provide tools that work in the “all rights granted” space of the public domain. Our CC0 tool allows licensors to waive all rights and place a work in the public domain, and our Public Domain Mark allows any web user to “mark” a work as being in the public domain.

This page is available in the following languages:
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#####EOF##### HOWTO Make Your CC-licensed Images Visible to Robots - Creative Commons
Creative Commons > Blog > Weblog > HOWTO Make Your CC-licensed Images Visible to Robots

HOWTO Make Your CC-licensed Images Visible to Robots

July 13, 2009
Robot

After last week’s exciting announcement that Google Image search is now capable of filtering results by usage rights, we realized there is a lot of interest in how creators can signal their work as being CC-licensed to both humans and robots.

Fortunately, CC has a solution for this that is not only a standard, but recommended by the World Wide Web Consortium.

Its called the Creative Commons Rights Expression Language and is part of the semantic web. Without getting too technical, ccREL uses a technology called RDFa to express licensing information to machines so that they can deduce the same facts about a work (such as its title, author, and most importantly, its license) that humans can. If you’re interested in the future of the web and structured data, you’ll want to check out our wiki pages on RDFa, ccREL, and our white paper submitted to the W3C. Google has a page explaining RDFa and Yahoo has a page explaining how RDFa is used by Yahoo Search.

The easiest way to signal to both humans and robots that your content is CC licensed is to head over to our license chooser and choose a license to put on your own site.

Our license chooser automatically generates the proper ccREL code, so its easy! Don’t forget to fill out the “Additional Information” section. You’ll then get a snippet of XHTML embed that will contain ccREL. Place this near your work (preferably on its same page of the work which also happens to be unique) and you’re all set. If you’re running an entire content community, you can also dynamically generate this markup based on the particular user, title of the work and so on. Check out Thingiverse for a excellent example of this functionality.

Are you already using ccREL or RDFa on your website or platform? Let us know or add it to our Wiki page!

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2 thoughts on “HOWTO Make Your CC-licensed Images Visible to Robots”

  1. Is there any way to indicate that a licence applies to only some of the content on a page?

    For example, on my website the pictures are Creative Commons licenced, or in the public domain, but the text is subject to copyright.

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#####EOF##### Creative Commons Legal Code

Creative Commons

Creative Commons Legal Code

Attribution-NoDerivs 2.0

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#####EOF##### Celebrating Freesound 2.0, retiring Sampling+ licenses - Creative Commons
Creative Commons > Blog > Weblog > Celebrating Freesound 2.0, retiring Sampling+ licenses

Celebrating Freesound 2.0, retiring Sampling+ licenses

September 12, 2011

Freesound is a collaborative database of nearly 120,000 sounds. We first posted about the project in 2005. Freesound specializes in sounds, not songs, and those sounds have been used thousands of times from ccMixter remixes to a major motion picture.

The project has just launched a complete rewrite of its site, with a new, modern look, and a new, modern codebase that will enable the project to grow and add features over the coming years. Congratulations to Bram and the entire Freesound community! Hop over and get involved.

Freesound 2.0 also brings a long-awaited licensing migration, which the rest of this post delves into. Later in 2005, we interviewed Freesound project leader Bram de Jong:

CC: What led you to mandate use of a CC license for all samples in Freesound?

BdJ: Simply because the creative commons licenses are clear licenses, well thought of, well documented and above all quite modular. We doubted a long time about which license to choose, and in the end decided to go with Sampling+. In retrospect we chose wrong, and we’re planning to ask our users to switch to Attribution/Attribution-NonCommercial, but that’s a bit further in the future.

In 2006 the project started a poll which would inform the eventual license migration:

A large fraction (37%) of the community also wanted a public domain option (and fortunately we launched the CC0 public domain dedication in the interim). The image below shows what the Freesound 2.0 license migration options look like for existing users:

We expect this migration to result in greatly increased use of Freesound-hosted sounds, and of Freesound itself, especially to the extent users choose to migrate to CC0 and CC Attribution — this will be the first time Freesound samples will be available under fully free terms, and thus usable by anyone for any purpose, including massively in massively collaborative projects such as Wikipedia, which insists on such terms.

Creative Commons is taking this opportunity to retire the Sampling+ license, as well as the NonCommercial-Sampling+ license (the latter was not used by Freesound, nor by any major project, and probably should have been retired years ago). For a big picture explanation of why we’re retiring these licenses, and why now, see the following text from an email explaining plans for retirement to the Creative Commons board of directors:

[In 2007] we retired the sampling and devnations licenses due to low usage and failing to permit a minimum of noncommercial verbatim distribution worldwide (retirement means we don’t recommend use for new works and add to http://creativecommons.org/retiredlicenses — the deeds and legalcode stay up forever for anyone already using them).

It is approaching time to retire the sampling+ and nc-sampling+ licenses due to low usage and lack of interoperability with the six main CC licenses. We’ve further come to understand the importance of interoperability and clarity. While niche licenses in theory could attract more creators do the commons by addressing specific needs, they detract from the commons by subdividing it into incompatible pools and making the commons harder to understand.

The only major site using sampling+ (there are none of significance using nc-sampling+) is Freesound, a sound sample repository. Freesound 2.0 will be launched, with CC0 as the recommended option, but also support for BY and BY-NC, and a push to ask contributors to re-license (or dedicate to the public domain) previous uploads. We intend to retire the sampling+ licenses in conjunction with the launch of Freesound 2.0, giving that important community the respect and attention it deserves while at the same time demonstrating our continued rigorous commitment to an interoperable commons.

If you’re interested in even more details concerning why Sampling+ was not right for Freesound, and right for Creative Commons to retire, continue reading…

After the initial suite of 11 CC licenses (cut back to 6 in version 2.0) was launched in late 2002, it wasn’t clear that CC shouldn’t create even more licenses to address particular niches. Those following the free and open source software world knew that “license proliferation” had a bad name, but the world outside software is very diverse, so CC explored, including an education-specific license (never developed, which was just the right thing, as CC’s standard licenses have turned out to work just great for learning materials), a license which only granted broad permissions in the developing world (retired, see link above), and perhaps most interestingly, a remix-only license, at one point briefly be called the Recombo license (a tribute to CC’s popularity in Brazil), in the end launched as the Sampling license.

The Sampling license was on one hand very restrictive — it did not permit any verbatim distribution — a CC license that did not permit simple sharing(!) — but on the other hand, permitted commercial use of licensed works, provided they were used transformatively. In theory, such a license could be very good for the commons. It might encourage conservative entities to license some works in a way that would not sanction their bugaboos such as P2P filesharing, but could ultimately be incorporated into free works through remixing.

Sampling was never widely used, perhaps because lack of allowing verbatim sharing just broke too many use cases — including CC’s. When WIRED did its magnificent issue on CC, featuring prominent artists using the new license to promote remix, not being able to share the verbatim originals would have made a site like ccMixter (launched with the issue) rather unwieldy. So CC created the Sampling+ license, the plus noting that it added permission to share verbatim copies.

However, this process resulted in one of the oddities that made it very hard to remember how Sampling+ worked: it only allowed non-commercial verbatim sharing, but at the same time, it allowed commercial use if transformative. This is one instance in which CC’s practice of developing a simple machine-readable description of its licenses alerted us that something was amiss. The flat CC REL statements permits Distribution and prohibits CommercialUse would not be adequate for describing Sampling+. We were forced to define a new permission, Sharing, which we defined as non-commercial distribution. This allowed us to say Sampling+ permits DerivativeWorks and leave out prohibits CommercialUse, which would be too broad. This exercise wasn’t enough to stop Sampling+, but it did highlight another (in addition to helping computers facilitate discovery and use of licensed works) use case for machine-readable license descriptions — informing the development of licenses (and other legal tools; such an exercise was helpful in defining the scope of the Public Domain Mark) themselves.

Some of the artists (or their management) involved in the WIRED CD did not want to permit any sort of commercial use, thus we created the NonCommercial-Sampling+ license. The WIRED CD and issue and launch of ccMixter were each huge successes and major milestones for CC. However, the Sampling licenses themselves proved to be a nearly instant “legacy” problem. In 2005 ccMixter discouraged their use in favor of CC Attribution and Attribution-NonCommercial and as the interview above shows, Freesound knew that was the right move almost immediately as well. Please read Victor Stone’s delightful ccMixter memoir for a history of that project, including licensing.

For completeness, it’s worth noting a couple other problems the Sampling licenses had, in addition to Sampling’s not allowing verbatim sharing (the reason it was retired in 2007) and Sampling+’s hard to remember commercial/non-commercial mix.

All of the Sampling licenses only allow adaptations that make “partial” and “highly transformative” uses of the original. This caused three sub-problems: (1) for some short works, samples on Freesound in particular, “highly transformative” and (especially) “partial” use potentially severely limits natural uses of the works; (2) these conditions are fairly open to interpretation — had any of the Sampling licenses been very popular, “what is transformative/partial” would be another consuming question, a la non-commercial; and (3) it is not clear just how much the Sampling licenses permitted beyond what one can (or at least ought be able to) do based on copyright exceptions and limitations such as fair use.

Finally, the Sampling and Sampling+ licenses also have a complete prohibition on advertising and promotional use (except for promoting the work and artist themselves), which resulted in four sub-problems: (1) prohibition of such a broad class of uses greatly limits the value of the commercial use permission, and considering “promotional”, even many otherwise non-commercial uses; (2) what constitutes advertising or promotion?; (3) limitation to non-promotional uses accentuates the question above about what is permitted above and beyond default exceptions and limitations; and (4) the Sampling and Sampling+ licenses are not compatible with any of the 6 main CC licenses — one can’t incorporate a work under Sampling or Sampling+ into a work distributed under one of the 6 main CC licenses, as none of them, even those with the NonCommercial term have a complete prohibition on advertising, let alone all promotional uses.

Obviously CC has become much more focused on interoperability since its beginning — we have released no new niche licenses since 2004, and as of today, have retired all of those. Version 4.0 of the main CC licenses will present another opportunity to take a hard look at interoperability, and fix any rough edges we might find, with your help. If you’re interested, please join the discussion virtually or at its kickoff later this month in Warsaw.

If you’ve read this far, now take a break and check out Freesound 2.0.

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7 thoughts on “Celebrating Freesound 2.0, retiring Sampling+ licenses”

  1. Hi there!

    I’m very disappointed that you retired the Sampling Plus License which I used a lot and which I wanted to promote in an article in the german testcard-magazine. I think Sampling Plus is the only license which is able to fit the minimum demands which Dmytri Kleiner pointed out in his “Copyfarleft”-article: http://www.metamute.org/en/Copyfarleft-and-Copyjustright

    By now there is no license left which can protect orginal copys, whole tracks etc. to negotiate with e.g. the major industry and on the other hand allows it to sample, mashup and remix the same work. But this is crucial to an author and director like me, who wants to earn money with his work, but does not want to lock-down his work for 70 years. And i think this issue will become more and more important in the future, when the perception of the fine differences between a “copy” and a “remix” have been fully understood.

    Furthermore you can’t be serious in claiming an “inadequate demand” as Sampling Plus was not a choice in your “Choose A License”-Pool for a long time, which caused some uncertainness: ( eg. http://forums.songstuff.com/topic/16124-the-creative-commons-sampling-plus-license/)

    It may be good for freesound to allow “by” and “ny-nc” usage, as they are dealing not with tracks and songs, videos and movie clips, but with SAMPLES. So there is no question for them whether to use the Sampling Plus- or the BY-licence. But if I like to allow remixes (but no piracy) of my film “Culture Jamming” or the “Collage culturel”-series? Or what about collaborative films like RIP-A Remix Manifesto ??? What to do then?

    The “non-simple machine-readablity”-problem can’t be taken serious, too. The license should define the technology and the technology should not restrain the license pool.

    I really hope that you will offer a non-commercial verbatim copying and commercial remixing license in the future as that is (in my opinion) the only way to protect against bootlegs and allow remixes at once.

    Best Regards,

    David

  2. Hi David,

    I’m with Rob Myers on http://www.furtherfield.org/netbehaviour/copyfarleft-and-copyjustright-0

    You can still use Sampling+, even plain Sampling, or make up your own license based on these if you really want to. If you want to use a license CC has not retired, you might use BY-NC and give separate permission for commercial remixes (Rob Myers would not recommend this :)).

    Your odd use of the word “piracy” and wanting to “protect against bootlegs” however, do not give me confidence that we’re going to see eye to eye; I refer back to Rob’s link above, and to the reply on the songstuff forum post you cite.

    Machine-readability doesn’t define what makes the cut in the licenses, it just provides another perspective on the licenses that can be useful in scrutinizing them.

    Regarding restraining the license pool — yes that might be done — not doing it ensures many pools of licensed works that don’t work with each other.

    Mike

  4. Hi Mike,

    thank you for your reply. I guess I’ll continue to use the Sampling+-License. I’m an independent filmmaker with hardly any funding. With the words “piracy” and “bootleg” i was refering to the process of e.g. burning one of my films on a DVD, giving it a new cover and selling it under a new name. I won’t appreciate that usage. I do appreciate sharing and remixing of that material…

    David

  5. Attribution-stripping of your work in the way you describe is covered by the BY module of the standard Creative Commons licenses.

    Sampling+ doesn’t fit Copyfarleft as it allows economic exploitation of the work by for-profit corporations. And Copyfarleft will allow “piracy” or “bootlegging” of the kind that you describe if they are performed by a worker-owned co-operative.

    The difference between the good remixer and the bad pirate has a class character, but we won’t go into that…

  6. You should have kept Sampling+. I thought that public domain was too free and that the Attribution was too not-free. The Sampling+ was just right. I have to use public domain now 🙁

  7. B, Attribution (CC-BY) is more permissive than Sampling+. Sampling+ required attribution and only permitted transformative use. CC-BY requires attribution and permits any use. 🙂

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CC REL

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Creative Commons Rights Expression Language (CC REL) is a specification describing how license information may be described using RDF and how license information may be attached to works.

CC REL is described in CC REL: The Creative Commons Rights Expression Language (pdf), published March 3, 2008. An overview of the vocabulary is available with the namespace description.

CC REL metadata, as encoded using RDFa or XMP, may be embedded in a variety of filetypes. Additional confidence may be added to embedded metadata through the use of web statement.

We have also begun to explore extending CC REL for use by digital copyright registries. See CC Network Development's metadata documentation.

CC REL by Example provides examples of many web deployment scenarios with thorough explanations and is the best place to start if you want a HOWTO or to understand through examples which you can copy and experiment with.

Presentations

Examples

Simple

the study by VOLKAN TEMEL is licensed under a 

<a rel="license" href="http://creativecommons.org/licenses/by-nc/3.0/">Creative Commons 
Attribution Non-Commercial 3.0 License</a>. 
Permissions beyond the scope of this license may be available at 
<a xmlns:cc="http://creativecommons.org/ns#" rel="cc:morePermissions" 
href="https://www.hindawi.com/journals/arp/">Hindawi</a>.

Advanced

<span xmlns:cc="http://creativecommons.org/ns#" xmlns:dc="http://purl.org/dc/terms/">

<span rel="dc:type" href="http://purl.org/dc/dcmitype/Text" property="dc:title">My Book</span> by 
<a rel="cc:attributionURL" property="cc:attributionName" href="http://rejon.org/my_book">Jon Phillips</a> 

is licensed under a 

<a rel="license" href="http://creativecommons.org/licenses/by-nc/3.0/">Creative Commons 
Attribution Non-Commercial 3.0 License</a>. 

<span rel="dc:source" href="http://deerfang.org/her_book"/>
Permissions beyond the scope of this license may be available at 
<a rel="cc:morePermissions" 
href="http://somecompany.com/revenue_sharing_agreement">somecompany.com</a>.

</span>



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Marking your work with a CC license

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You have chosen a CC license for your work. Now how do you go about letting the world know? Here are some examples of how to mark your work with the CC license. Note: If you want to know how to attribute other creators' CC licensed materials, go here.

How to use the CC License Chooser

You can easily add a CC license notice to your website by visiting the CC license chooser. At the chooser, simply answer a few questions, fill in the fields you need, and receive an already formatted HTML code.

CC license chooser v2.png

At this point, all you have to do is:

1. Copy and paste the HTML code into your webpage or website.

The specifics of inserting the code depend on how you edit your website. The block of code should be inserted into the page HTML - most desktop website tools like Dreamweaver, Frontpage, or GoLive offer a "code view" that lets you see the code that makes up your page. Near the end of the page before you see </body></html>, paste the HTML code in directly.
If all of the resources you are publishing on a single website are licensed under the same CC license, it makes sense to paste the HTML code into your website’s template (e.g., in a footer or sidebar area). After saving the template, the chosen license information should appear everywhere on your site. Whether you add license information to a single page or an entire site, once live on the Internet, the license information will be displayed and the machines will be able to detect the license status automatically.

2. Edit the descriptive text to suit your needs.

For example, if you select CC BY in the chooser, the default text you receive in the second line of html code is:
This work is licensed under a <a rel="license" href="http://creativecommons.org/licenses/by/3.0/deed.en_US">Creative Commons Attribution 3.0 Unported License</a>.
The bolded text is descriptive, and you can edit it without affecting the code. For example, you might specify what 'work' you're talking about, or let users know that the entire site is available under the license unless noted otherwise. You could edit the bolded part as follows:
Except where otherwise noted, this website is licensed under a <a rel="license" href="http://creativecommons.org/licenses/by/3.0/deed.en_US">Creative Commons Attribution 3.0 Unported License</a>.

Example: Website

Cc.org cc by license.jpg

This is the CC license notice at the bottom of this website. The CC BY license notice shows up on every page of creativecommons.org. This is a good example because:

Author? - Since the license is for the CC website as a whole, which includes multiple authors, one attribution party is not specified. Instead, it is clarified in the Terms of Use (linked in the footer on the left) who owns what content.
License? - The specific CC license is noted (CC BY) and linked.
Machine-readability? - Yup. Copied and pasted code from the license chooser.
Other good stuff? - Also, we make it clear that we will let you know when material is governed by terms different from the CC BY license.

Example: Blog

Parker's blog

If you visit Parker's blog, you will see this notice. Parker filled out a few fields in the CC license chooser, which spit out an html code. He copied and pasted the html code into his website, editing the descriptive text to his needs. This is a really good example because:

Author? - Parker specified that he is the author of the work.
License? - Parker named and linked to the specific CC license (Creative Commons Attribution).
Machine-readability? - Yup. Copied and pasted code from the license chooser.
Other good stuff? - Yup. Parker indicated that the site was "parker higgins dot net."

Example: Offline document

For documents that are meant to be shared offline, use a title and/or copyright page to include the copyright notice and CC license information. You can obtain suggested text using the license chooser.

Help others attribute you.jpg

In the 'Help others attribute you!' box, select 'Offline' in the drop-down menu for 'License mark'. Instead of html, you will receive the following text which you can edit as needed: "This work is licensed under the Creative Commons Attribution 3.0 Unported License. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/." You can also download the corresponding CC license icon at our downloads page.

Example

Col cc notice.jpg

The Commonwealth of Learning (COL) added this CC license notice to their copyright page in the report entitled, Survey on Governments’ Open Educational Resources (OER) Policies. This is a good example because:

Author? - "by The Commonwealth of Learning"
License? - The notice clearly specifies the CC BY-SA license along with a link.
Machine-readability? - No, it's an offline document.
Other good stuff? - COL added a (c) copyright notice and a title for the work. COL also added a license icon to make it visually appealing and recognizable. (All CC license icons can be downloaded for free here.)

If you link to the document on a web page, make sure that the license information is clearly displayed next to the file, with all the recommended information below.

If you want to get technical and attempt embedding metadata within documents, see the CC-OpenOfficeOrg Addin for OpenOffice or the Microsoft Office add-ins for Microsoft Office 2003/XP, Office 2007/2010/2013.

Example: Image

8256206923 c77e85319e n.jpg
"Creative Commons 10th Birthday Celebration San Francisco" by tvol can be reused under the CC BY license

This photo was taken during CC's 10th birthday party in San Francisco by CC staff member tvol. This is a good example because:

Author? - "tvol" and linked to his Flickr profile page
License? - The specific CC license is noted (CC BY) and linked.
Machine-readability? - No, but it could be if we copied and pasted code from the CC license chooser.
Other good stuff? - Title is noted and linked to Flickr page where original image resides.

It is also easy to publish your image on an image sharing platform that has built-in CC licensing, such as Flickr, 500px, or Wikimedia Commons.

Note: We don't recommend adding a watermark or visual marker directly on an image, as it can detract from the original and prevent the reuse you want to allow with the CC license. Instead, make sure that the license information is clearly visible underneath (or otherwise next to) the image.

Example: Presentation

CC presentation example.jpg

This slide appears at the end of Jane Park's presentation called "Using the CC BY license, Workshop for 2013 OPEN Kick-off" at Slideshare. This is a good example because:

Author? - Clearly specifies that Creative Commons is the party that should be credited, along with a request to link to creativecommons.org.
License? - The specific CC license is noted (CC BY) with a link provided.
Machine-readability? - Yes, because it was uploaded to Slideshare, a slide-sharing platform that supports CC licensing.
Other good stuff? - Jane made use of one of the free CC_video_bumpers to iconically illustrate the CC BY license. She also makes it clear that she will let you know when material is governed by terms different from the CC BY license ('Except otherwise noted..' ).

If you link to or embed the presentation on a web page, make sure that the license information is clearly displayed next to the file, with all the recommended information below.

Example: Video

By bw small.png

This is a CC video bumper, which you can add to your video if you have room for a 2-5 second copyright frame. Here are some pre-made CC_video_bumpers and some newly updated bumpers (as of Feb. 2019).

You can edit these bumpers or create your own still with more information. Just make sure that such a still contains all the information recommended below.

Once you've added a copyright notice within your video, we recommend uploading your video to one of these video-sharing platforms that have built-in CC licensing. These platforms take care of the machine-readability for you. You can also add author and license info to any "about" field at these sites. After you've uploaded the videos, you can share the video on your own website or blog using the platform's "embed" feature.

If you link to or embed the video on a web page, make sure that the license information is clearly displayed next to the file, with all the recommended information below. For example, this blog post does a good job of displaying the CC license information about the video outside of its medium.

Video embed example.jpg

If you want to get technical, we have a document about marking materials so that they are machine-readable.

Example: Audio

CC podcast introduction by Cory Doctorow

This is a sample CC audio bumper which you can add at the beginning of an audio file to orally tell users of the CC license. Feel free to use intro bumpers developed by various Internet celebrities. You can also create your own, which can include more information as recommended below.

For audio, we recommend uploading your file to one of the music sharing platforms or communities that support CC licensing. These platforms take care of the machine-readability for you. You can also add author and license info to any "about" field at these sites.

If you link to the file on a web page, make sure that the license information is clearly displayed next to the file, with all the recommended information below.

If you want to get technical, Use your favorite audio player to add in the information. See Embedded_Metadata. You can also add ID3 tags to a common audio file type, such as the MP3, or browse other file types.

Example: Dataset

Rufous woodpecker metadata.jpg

This is a CC license notice for a snippet of metadata that is part of the India Biodiversity Portal dataset. All the info is displayed once you click on the "i" to "Show details." This is a good example because:

Author? - Clearly noted in the Contributors field as "Chitra Ravi, Content Editor, India Biodiversity Portal"
License? - The specific CC license is displayed via CC BY license icon and linked to the deed.
Machine-readability? - No, but they're working on that.
Other good stuff? - References used to create the summary/brief noted. License and author info easily found by clicking on "i" for more details.
Rufous woodpecker image marking.jpg

This is the CC license notice for the image to the right of the dataset which in this case is governed by different terms. This is a good example because:

Author? - Clearly noted once you click on the "i" under Attributions - Flickr user "ric seet"
License? - CC BY-NC-ND, which is displayed in icon and icon is linked to the deed
Machine-readability? - No, but they're working on that.
Other good stuff? - Link included to original Flickr image and even date that image was accessed. License and author info easily found by clicking on "i" for more details.

Author, License, Machine-readability

A good rule of thumb is to use the acronym ALM, which stands for Author, License, Machine-readability.

Author - Who should the user attribute?

This means the person who owns the copyright to the material and is licensing it to the public, aka the 'licensor.' If you are the licensor, then name yourself! If you're only one of the licensors, then name the others, too. If you are licensing the material on behalf of another entity, such as an organization, then you would note that instead.

License - How can the material be used?

This one's easy--they can use it under the CC license! Make sure to name the specific CC license the material is under and link to it, eg. Creative Commons Attribution 4.0 License with a link to http://creativecommons.org/licenses/by/4.0/. Don't just say the material is Creative Commons, because that says nothing about how the material can actually be used. Remember that there are six different CC licenses!
→ Also consider including the corresponding CC license icon, a visible indication of the license that is recognized as part of the CC brand around the world, eg. http://i.creativecommons.org/l/by/3.0/80x15.png

Machine-readability - Can machines read it?

We live in the digital age, so this is very important. If you want search engines and software systems to be able to detect the CC license, then make sure to use our license chooser tool to get the machine-readable html code, which you can then easily paste into web pages. This code is simply a summary of the license in a format that machines can understand, hence the term "machine-readability". (Note: You can also upload your work to a content sharing platform that supports CC licensing and takes care of the machine-readability for you.)

Lastly, Is there anything else the user should know about the material?

Is your work a modification of another work? Does your work incorporate elements of several third party materials? Are you adding any warranties, or modifying the existing disclaimer in the CC license? Are you granting additional permissions beyond what the license allows? If your answer is yes to any of these, then you should note that along with the license information about your work. For example, if your work incorporates third party materials, you would note those materials and make sure to attribute each of them correctly. This is also your chance to grant additional permissions. For example, if you license something under CC BY but are okay with people not attributing you in certain cases--this is your chance to specify those cases. You can't change the terms of a CC license, but you can always grant additional permissions or warranties.

Content-sharing platforms

One way to increase visibility and access to your work is to share it with an existing community on a content-sharing platform. Many platforms support machine-automated CC licensing, making it easy for you to indicate the license along with other information, such as who to attribute. In addition, these platforms may offer the ability to filter or search content by CC license, which increases the chances that your work may be discovered. Search engines, such as Google or Yahoo!, also index CC-licensed works from these platforms.

Take a look at how to license your work on a few of these platforms, like Vimeo and Soundcloud, at Publish.

If your favorite platform does not enable CC licensing, the best thing to do is to add in the license information manually as you would on your own site. There is usually a description or other free form field where you can enter info about the work. You might also consider encouraging your platform or community to enable CC licensing. If the demand is great, they just might listen.

Adding a CC0 public domain notice to your work

If you have decided to dedicate your work to the public domain using CC0, you can use the CC0 waiver tool just like you use the CC license chooser. Simply fill in the fields at the form, go through the the necessary steps of reading and understanding what rights you are giving up with CC0, and receive the already formatted html code at the end, as show below.

Ml blog cc0.jpg File:Ml blog cc0 2.jpg

Then copy and paste the resulting html into your website as you normally would, following best practices outlined above for adding a CC license using the license chooser.

You can see how Mike did that here, and by visiting his blog: File:Ml blog cc0 3.jpg

You can also upload your work to a content-sharing platform that supports CC0.

If you want to mark specific media, see the different examples above. You would simply exchange the CC license text with the CC0 waiver text, shown in the example below.

Example: CC0

Casey image cc0.jpg

The text reads: "Copyright and related rights waived via CC0"

This blog post is a good example of marking an image with CC0 instead of a CC license because:

It tells you what the CC0 tool actually does and links to the CC0 deed so that users may understand further. It is also clear that CC0 is not a license, but a waiver.

Other issues

Adding a CC license to your derivative work

If the work you are licensing is a derivative of another work, then in addition to following best practices above, you need to let your potential users know a few things:

  • That your work is a derivative of another work
  • Attribution for the original work (see Best practices for attribution)
  • If there are any other rights (eg. third party content used under fair use or other exceptions) that they should be aware of

Remember that if your work is an adaptation of a work licensed under either CC BY-SA or CC BY-NC-SA, then your derivative work must be made available under the same license as per the ShareAlike condition.

Note: When modifying materials under one of the Version 4.0 CC licenses, you must make a note of any modifications you make to the materials, regardless of whether the modification is significant enough to merit a derivative work. For examples, see Best practices for attribution.

Noting third-party content in your work

When you add a CC license to your work, you are only granting permissions to the rights you hold in the work. So if your work is a derivative of another creator's CC-licensed work, or otherwise incorporates third-party content under fair use or other exceptions, then you should make a note of that for your users. Your CC license only ever covers the rights you have in the content you create, and never other content by third parties.

If you are incorporating materials offered under other CC licenses, then see our best practices for attribution.

For more information, or for tips on how to mark content that is incorporated under fair use or other exceptions, see marking third-party content.

Don't call it a CC license if it isn't

When marking your work, remember that any restriction or modification to the original license cannot be labeled a 'Creative Commons’ license. See our Trademark policy.es: Marcando tu obra con una licencia CC

Retrieved from "https://wiki.creativecommons.org/index.php?title=Marking_your_work_with_a_CC_license&oldid=116977"

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#####EOF##### Creative Commons — Attribution - Partage dans les Mêmes Conditions 3.0 non transposé — CC BY-SA 3.0
Cette page existe aussi dans les langues suivantes : Languages
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Creative Commons License Deed

Attribution - Partage dans les Mêmes Conditions 3.0 non transposé (CC BY-SA 3.0)

C'est un résumé (et non pas un substitut) de la licence. Avertissement.

Vous êtes autorisé à :

  • Adapter — remixer, transformer et créer à partir du matériel
  • pour toute utilisation, y compris commerciale.
  • L'Offrant ne peut retirer les autorisations concédées par la licence tant que vous appliquez les termes de cette licence.

Selon les conditions suivantes :

  • Attribution — Vous devez créditer l'Œuvre, intégrer un lien vers la licence et indiquer si des modifications ont été effectuées à l'Oeuvre. Vous devez indiquer ces informations par tous les moyens raisonnables, sans toutefois suggérer que l'Offrant vous soutient ou soutient la façon dont vous avez utilisé son Oeuvre.

  • Partage dans les Mêmes Conditions — Dans le cas où vous effectuez un remix, que vous transformez, ou créez à partir du matériel composant l'Oeuvre originale, vous devez diffuser l'Oeuvre modifiée dans les même conditions, c'est à dire avec la même licence avec laquelle l'Oeuvre originale a été diffusée.

  • Pas de restrictions complémentaires — Vous n'êtes pas autorisé à appliquer des conditions légales ou des mesures techniques qui restreindraient légalement autrui à utiliser l'Oeuvre dans les conditions décrites par la licence.

Notes:

  • Vous n'êtes pas dans l'obligation de respecter la licence pour les éléments ou matériel appartenant au domaine public ou dans le cas où l'utilisation que vous souhaitez faire est couverte par une exception.
  • Aucune garantie n'est donnée. Il se peut que la licence ne vous donne pas toutes les permissions nécessaires pour votre utilisation. Par exemple, certains droits comme les droits moraux, le droit des données personnelles et le droit à l'image sont susceptibles de limiter votre utilisation.
#####EOF##### Creative Commons — Autorile viitamine + Jagamine samadel tingimustel 3.0 Jurisdiktsiooniga sidumata — CC BY-SA 3.0
See lehekülg on kättesaadav järgmistes keeltes: Languages
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Creative Commons License Deed

Autorile viitamine + Jagamine samadel tingimustel 3.0 Jurisdiktsiooniga sidumata (CC BY-SA 3.0)

See on litsentsi lihtsasti loetav kokkuvõte, mis ei asenda litsentsi. Creative Commonsi teatis.

Tohid:

  • Kohandada — töötle, kujunda ümber ja arenda edasi
  • mis tahes eesmärgil, ka äriliselt.
  • Litsentsiandja ei saa neid vabadusi tagasi võtta, kui järgid litsentsi tingimusi.

Järgmistel tingimustel:

  • Autorile viitamine — Pead materjali sobival viisil autorile omistama, tooma ära litsentsi lingi ja märkima ära, kas on tehtud muudatusi. Sobib, kui teed seda mõistlikul viisil, kuid seejuures ei tohi jääda muljet, et litsentsiandja tõstab esile sind või seda, et sina materjali kasutad.

  • Jagamine samadel tingimustel — Kui töötled, kujundad ümber või arendad materjali edasi, siis pead oma töö levitamiseks kasutama sama litsentsi, mille all on algupärand.

  • Lisapiirangute keeld — Sa ei tohi rakendada õiguslikke tingimusi ega tehnilisi mooduseid, mis piiravad õiguslikult teistel litsentsis lubatu tegemist.

Märkused:

  • Sa ei pea täitma litsentsi tingimusi materjali teatud elementide suhtes, kui need elemendid on avalikus omandis või kui sobivat kasutust lubab kohaldatav erand või kitsendus.
  • Tagatisi ei anta. Litsents ei pruugi anda kõiki õigusi, mis on vajalikud, et kasutada materjali soovitud viisil. Näiteks muud õigused nagu reklaami-, andmekaitse- või isiklikud õigused võivad piirata kasutamist soovitud viisil.
#####EOF##### About The Licenses - Creative Commons

About The Licenses

Creative Commons has updated its Master Terms of Service and Master Privacy Policy, effective November 7, 2017. Before continuing on our websites or using our services, please review.

What our licenses do

The Creative Commons copyright licenses and tools forge a balance inside the traditional “all rights reserved” setting that copyright law creates. Our tools give everyone from individual creators to large companies and institutions a simple, standardized way to grant copyright permissions to their creative work. The combination of our tools and our users is a vast and growing digital commons, a pool of content that can be copied, distributed, edited, remixed, and built upon, all within the boundaries of copyright law.

License design and rationale

All Creative Commons licenses have many important features in common. Every license helps creators — we call them licensors if they use our tools — retain copyright while allowing others to copy, distribute, and make some uses of their work — at least non-commercially. Every Creative Commons license also ensures licensors get the credit for their work they deserve. Every Creative Commons license works around the world and lasts as long as applicable copyright lasts (because they are built on copyright). These common features serve as the baseline, on top of which licensors can choose to grant additional permissions when deciding how they want their work to be used.

A Creative Commons licensor answers a few simple questions on the path to choosing a license — first, do I want to allow commercial use or not, and then second, do I want to allow derivative works or not? If a licensor decides to allow derivative works, she may also choose to require that anyone who uses the work — we call them licensees — to make that new work available under the same license terms. We call this idea “ShareAlike” and it is one of the mechanisms that (if chosen) helps the digital commons grow over time. ShareAlike is inspired by the GNU General Public License, used by many free and open source software projects.

Our licenses do not affect freedoms that the law grants to users of creative works otherwise protected by copyright, such as exceptions and limitations to copyright law like fair dealing. Creative Commons licenses require licensees to get permission to do any of the things with a work that the law reserves exclusively to a licensor and that the license does not expressly allow. Licensees must credit the licensor, keep copyright notices intact on all copies of the work, and link to the license from copies of the work. Licensees cannot use technological measures to restrict access to the work by others.

Try out our simple License Chooser.

Three “Layers” Of Licenses

Machine Readable

Human Readable

But since most creators, educators, and scientists are not in fact lawyers, we also make the licenses available in a format that normal people can read — the Commons Deed (also known as the “human readable” version of the license). The Commons Deed is a handy reference for licensors and licensees, summarizing and expressing some of the most important terms and conditions. Think of the Commons Deed as a user-friendly interface to the Legal Code beneath, although the Deed itself is not a license, and its contents are not part of the Legal Code itself.

The final layer of the license design recognizes that software, from search engines to office productivity to music editing, plays an enormous role in the creation, copying, discovery, and distribution of works. In order to make it easy for the Web to know when a work is available under a Creative Commons license, we provide a “machine readable” version of the license — a summary of the key freedoms and obligations written into a format that software systems, search engines, and other kinds of technology can understand. We developed a standardized way to describe licenses that software can understand called CC Rights Expression Language (CC REL) to accomplish this.

Searching for open content is an important function enabled by our approach. You can use Google to search for Creative Commons content, look for pictures at Flickr, albums at Jamendo, and general media at spinxpress. The Wikimedia Commons, the multimedia repository of Wikipedia, is a core user of our licenses as well.

Taken together, these three layers of licenses ensure that the spectrum of rights isn’t just a legal concept. It’s something that the creators of works can understand, their users can understand, and even the Web itself can understand.

The Licenses

Attribution
CC BY

This license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. This is the most accommodating of licenses offered. Recommended for maximum dissemination and use of licensed materials.

View License Deed | View Legal Code

Attribution-ShareAlike
CC BY-SA

This license lets others remix, tweak, and build upon your work even for commercial purposes, as long as they credit you and license their new creations under the identical terms. This license is often compared to “copyleft” free and open source software licenses. All new works based on yours will carry the same license, so any derivatives will also allow commercial use. This is the license used by Wikipedia, and is recommended for materials that would benefit from incorporating content from Wikipedia and similarly licensed projects.

View License Deed | View Legal Code

Attribution-NoDerivs
CC BY-ND

This license lets others reuse the work for any purpose, including commercially; however, it cannot be shared with others in adapted form, and credit must be provided to you.

View License Deed | View Legal Code

Attribution-NonCommercial
CC BY-NC

This license lets others remix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge you and be non-commercial, they don’t have to license their derivative works on the same terms.

View License Deed | View Legal Code

Attribution-NonCommercial-ShareAlike
CC BY-NC-SA

This license lets others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms.

View License Deed | View Legal Code

Attribution-NonCommercial-NoDerivs
CC BY-NC-ND

This license is the most restrictive of our six main licenses, only allowing others to download your works and share them with others as long as they credit you, but they can’t change them in any way or use them commercially.

View License Deed | View Legal Code

We also provide tools that work in the “all rights granted” space of the public domain. Our CC0 tool allows licensors to waive all rights and place a work in the public domain, and our Public Domain Mark allows any web user to “mark” a work as being in the public domain.

This page is available in the following languages:
Bahasa Indonesia Bahasa Malaysia Castellano (España) Català Dansk Deutsch English Español Esperanto Euskara français Galego hrvatski Italiano Latviski Lietuvių Magyar Nederlands norsk polski Português Português (BR) română Slovenščina suomeksi svenska Türkçe Íslenska čeština Ελληνικά Беларуская українська العربية پارسی বাংলা 中文 日本語 華語 (台灣) 한국어
#####EOF##### Press Archives - Creative Commons
Creative Commons > Blog > Weblog > Press

Press

sotc-world

Our biggest report yet: State of the Commons 2016

We are pleased to announce our annual State of the Commons report, which celebrates our global community of artists, archivists, and advocates working to further collaboration, creativity, and access to research and cultural heritage.

About CC

Press release: Creative Commons Launches Special Edition Commemorative Tee

Partners with Noun Project and Teespring to design and sell exclusive t-shirt celebrating “CC” logo acquisition by MoMA; Proceeds to support Creative Commons SAN FRANCISCO – MARCH 25, 2015 – Creative Commons has partnered with crowdsourced visual dictionary Noun Project and commerce platform Teespring to release a custom t-shirt celebrating the “CC” logo’s acquisition into … Read More “Press release: Creative Commons Launches Special Edition Commemorative Tee”

About CC

Teachers, Students, Web Gurus, and Foundations Launch Campaign to Transform Education, Call for Free, Adaptable Learning Materials Online

ccLearn, the education division of Creative Commons, was one of the core participants in the drafting of the Cape Town Open Education Declaration, publicly launched yesterday. Creative Commons’ CEO, Lawrence Lessig, is a leading signatory, as are many CC friends and affiliates the world over. We encourage you to share the news and to sign … Read More “Teachers, Students, Web Gurus, and Foundations Launch Campaign to Transform Education, Call for Free, Adaptable Learning Materials Online”

Press

ASK Jeeves to buy Bloglines

… remove his site from its aggregation service, saying that the service was reproducing his Web log for commercial purposes, against its Creativefrom CNET News.com – USA

Press

A Seamstress And a License

… Speaking at the Creative Commons (CC) workshop on Tuesday, Benjamin explained how his organisation is working with African countries to tryfrom AllAfrica.com – Africa

Press

OPEN source helps Flickr share photos

… Flickr’s founder Stewart Butterfield said in an interview with Creative Commons that the company believes in and wants to support free culture.from NewsForge (press release) – USA

Press
#####EOF##### Events Archives - Creative Commons
Creative Commons > Blog > Events

Events

CC Summit registration is now open!

Great news! We’re excited to announce that registration for the 2019 Creative Commons Global Summit is now open. The Creative Commons Global Summit will take place in Lisbon, Portugal, 9-11 May 2019. Join us for three days of dynamic programming at Museu do Oriente, with a special keynote evening event held at the historic Cineteatro Capitolio. We’ve grown … Read More “CC Summit registration is now open!”

Events
cynthia-khoo

The Commons Opens Up the World

I first got involved with Creative Commons last year when the Creative Commons Global Summit happened in Toronto. I had just moved to Toronto, so it seemed like a great opportunity to see what the organization did firsthand.

Events
#####EOF##### Technology! Can you code? - Creative Commons
Creative Commons > Blog > Weblog > Technology! Can you code?

Technology! Can you code?

October 7, 2003

No, not another contest — see Can you remix? (results soon) and GET CREATIVE! (you still have time) — but artists can’t have all the fun.

If you can code, we want you to check out our
technology challenges section. GUI developer to Semantic Web pioneer, we have a task for you — help build Creative Commons’ vision of some rights reserved into today’s software and the infrastructure of the Net.

No prizes available apart from intellectual stimulation and bragging rights.

Category:Weblog

  • Donate to help keep the internet free and open!

  • This field is for validation purposes and should be left unchanged.
#####EOF##### Creative Commons — Attribution-ShareAlike 3.0 Unported — CC BY-SA 3.0
Ngôn ngữ hiện có: Languages
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Creative Commons License Deed

Attribution-ShareAlike 3.0 Unported (CC BY-SA 3.0)

This is a human-readable summary of (and not a substitute for) the license. Disclaimer.

You are free to:

  • Adapt — remix, transform, and build upon the material
  • for any purpose, even commercially.
  • The licensor cannot revoke these freedoms as long as you follow the license terms.

Under the following terms:

  • Ghi nhận công của tác giả — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.

  • ShareAlike — If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.

  • No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.

Notices:

  • You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.
  • No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
#####EOF##### Frequently Asked Questions - Creative Commons
English | Français

Frequently Asked Questions

2019-04-02 14:07:11 UTC

These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information.

  • Other CC FAQs: CC0 Public Domain Dedication and Public Domain Mark.
  • “Licensor”, “rights holder”, “owner”, and “creator” may be used interchangeably to refer to the person or entity applying a CC license.
  • Information about the licenses is primarily made with reference to the 4.0 suite, but earlier license versions are mentioned where they differ.
  • Have a question that isn’t answered here? Contact info@creativecommons.org.

Creative Commons does not provide legal advice. This FAQ is for informational purposes and is not a substitute for legal advice. It may not cover important issues that affect you. You should consult with your own lawyer if you have questions.

About CC

What is Creative Commons and what do you do?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. Our legal tools help those who want to encourage reuse of their works by offering them for use under generous, standardized terms; those who want to make creative uses of works; and those who want to benefit from this symbiosis. Our vision is to help others realize the full potential of the internet. CC has affiliates all over the world who help ensure our licenses work internationally and who raise awareness of our work.

Although Creative Commons is best known for its licenses, our work extends beyond just providing copyright licenses. CC offers other legal and technical tools that also facilitate sharing and discovery of creative works, such as CC0, a public domain dedication for rights holders who wish to put their work into the public domain before the expiration of copyright, and the Public Domain Mark, a tool for marking a work that is in the worldwide public domain. Creative Commons licenses and tools were designed specifically to work with the web, which makes content that is offered under their terms easy to search for, discover, and use.

For more information about CC, our main website contains in-depth information about the organization, its staff and board of directors, its history, and its supporters. You can also read CC case studies to learn about some of the inspiring ways CC licenses and tools have been used to share works and support innovative business models. You can find regularly updated information about CC by visiting the blog.

Absolutely not. CC has responded to claims to the contrary. CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

That said, Creative Commons recognizes the need for change in copyright law, and many members of the Creative Commons community are active participants in the copyright reform movement. For more information, see our statement in support of copyright reform.

What does “Some Rights Reserved” mean?

Copyright grants to creators a bundle of exclusive rights over their creative works, which generally include, at a minimum, the right to reproduce, distribute, display, and make adaptations. The phrase “All Rights Reserved” is often used by owners to indicate that they reserve all of the rights granted to them under the law. When copyright expires, the work enters the public domain, and the rights holder can no longer stop others from engaging in those activities under copyright, with the exception of moral rights reserved to creators in some jurisdictions. Creative Commons licenses offer creators a spectrum of choices between retaining all rights and relinquishing all rights (public domain), an approach we call “Some Rights Reserved.”

No. Creative Commons is not a law firm and does not provide legal advice or legal services. CC is similar to a self-help service that offers free, form-based legal documents for others to use. These FAQ answers many of the most common questions. There is also specialized information available on the following pages:

While CC does provide this informational guidance about its licenses and other tools, this information may not apply to your particular situation, and should never be taken as legal advice.

If you’re looking for legal advice about using CC licenses and other tools, we recommend contacting the Creative Commons affiliate in your jurisdiction. CC affiliates are highly connected to the communities of copyright lawyers in their countries. We also offer a list of lawyers and organizations who have identified themselves as willing to provide information to others about CC licensing issues. However, please note that CC does not provide referral services, and does not endorse or recommend any person on that list.

Does Creative Commons collect or track material licensed under a CC license?

No, CC does not collect content or track licensed material. However, CC builds technical tools that help the public search for and use works licensed under our licenses and other legal tools, and many others have built such tools as well. CC Search is one tool developed by CC to help the public discover works offered under Creative Commons licenses on the internet via CC-aware search engines and repositories.

What do the Creative Commons buttons do?

The CC buttons are a shorthand way to convey the basic permissions associated with material offered under CC licenses. Creators and owners who apply CC licenses to their material can download and apply those buttons to communicate to users the permissions granted in advance. When the material is offered online, the buttons should usually link out to the human-readable license deeds (which, in turn, link to the license itself).

May I use the Creative Commons logo and buttons?

You may download high resolution versions of the Creative Commons logos and use them in connection with your work or your website, provided you comply with our policies. Among other things, if you use the logos on a website or on your work, you may not alter the logos in any respect—such as by changing the font, the proportions, or the colors. CC’s buttons, name, and corporate logo (the “CC” in a circle) are trademarks of Creative Commons. You cannot use them in ways not permitted by our policies unless you first receive express, written permission. This means, for example, that you cannot (without our permission) print your own buttons and t-shirts using CC logos, although you can purchase them in CC’s store.

I love Creative Commons. How can I help?

Please support CC by making a donation through our support page. Donations can be handled through PayPal or by credit card. You can also support CC by visiting our store.

CC always welcomes your feedback, which you can provide by emailing . You can also participate in CC’s email discussion lists and share feedback and ideas in one of those forums.

If you are a software developer, sysadmin, or have other technical expertise, please join our developer community and help build the tools that build the commons.

Finally, one of the best ways to support CC is by supporting our causes yourself. Follow our blog to find out about current issues where you can help get involved and spread the word, and advocate for free and open licensing in your own communities.

Why does Creative Commons run an annual fundraising campaign? What is the money used for and where does it go?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, with affiliates all over the world who help ensure our licenses work internationally and raise awareness about our work. Our tools are free, and our reach is wide.

In order to…

  • continue developing our licenses and public domain tools to make sure they are legally and technically up-to-date around the world,
  • help creators implement these tools on websites through best practices and individual assistance,
  • enable CC licensing on major content-sharing platforms,
  • enhance CC-licensed resource search and discovery,
  • advocate for CC licensing and open policies in education, science, and culture, and
  • myriad other activities we’re forgetting to mention, such as all the everyday boring but essential operations that go into running an organization

…we need $ to make it all happen! For more information, please take a look at our Annual Report.

Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. It is essential we have the public’s support because it is the creators and users of CC material who make our tools relevant in this digital age. They depend on the tools and services CC provides through their reuse and remix of the rich, open resources available on Wikipedia, Flickr, SoundCloud, Vimeo, Europeana, MIT OpenCourseWare, the Library of Science, Al Jazeera, and YouTube—just to name a few. Many of these people donate $10, $25, or $50 to CC, to help keep it up and running so we can continue to provide our tools and services for free, as a nonprofit organization. The more people who donate to CC, the more independent it will remain.

General License Information

What are Creative Commons licenses?

Creative Commons licenses provide an easy way to manage the copyright terms that attach automatically to all creative material under copyright. Our licenses allow that material to be shared and reused under terms that are flexible and legally sound. Creative Commons offers a core suite of six copyright licenses. Because there is no single “Creative Commons license,” it is important to identify which of the six licenses you are applying to your material, which of the six licenses has been applied to material that you intend to use, and in both cases the specific version.

All of our licenses require that users provide attribution (BY) to the creator when the material is used and shared. Some licensors choose the BY license, which requires attribution to the creator as the only condition to reuse of the material. The other five licenses combine BY with one or more of three additional license elements: NonCommercial (NC), which prohibits commercial use of the material; NoDerivatives (ND), which prohibits the sharing of adaptations of the material; and ShareAlike (SA), which requires adaptations of the material be released under the same license.

CC licenses may be applied to any type of work, including educational resources, music, photographs, databases, government and public sector information, and many other types of material. The only categories of works for which CC does not recommend its licenses are computer software and hardware. You should also not apply Creative Commons licenses to works that are no longer protected by copyright or are otherwise in the public domain. Instead, for those works in the worldwide public domain, we recommend that you mark them with the Public Domain Mark.

How do CC licenses operate?

CC licenses are operative only when applied to material in which a copyright exists, and even then only when a particular use would otherwise not be permitted by copyright. Note that the latest version of CC licenses also applies to rights similar to copyright, such as neighboring rights and sui generis database rights. Learn more about the scope of the licenses. This means that CC license terms and conditions are not triggered by uses permitted under any applicable exceptions and limitations to copyright, nor do license terms and conditions apply to elements of a licensed work that are in the public domain. This also means that CC licenses do not contractually impose restrictions on uses of a work where there is no underlying copyright. This feature (and others) distinguish CC licenses from some other open licenses like the ODbL and ODC-BY, both of which are intended to impose contractual conditions and restrictions on the reuse of databases in jurisdictions where there is no underlying copyright or sui generis database right.

All CC licenses are non-exclusive: creators and owners can enter into additional, different licensing arrangements for the same material at any time (often referred to as “dual-licensing” or “multi-licensing”). However, CC licenses are not revocable once granted unless there has been a breach, and even then the license is terminated only for the breaching licensee.

There are also videos and comics that offer visual descriptions of how CC licenses work.

Which is the latest version of the licenses offered by Creative Commons?

In November 2013, Creative Commons published the version 4.0 license suite. These licenses are the most up-to-date licenses offered by CC, and are recommended over all prior versions. You can see how the licenses have been improved over time on the license versions page. 4.0 has been drafted to be internationally valid, and will have official translations becoming available after publication.

No. By design, CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions. This is a fundamental principle of CC licensing.

Who gives permission to use material offered under Creative Commons licenses?

Our licenses and legal tools are intended for use by anyone who holds copyright in the material. This is often, but not always, the creator.

Creative Commons offers licenses and tools to the public free of charge and does not require that creators or other rights holders register with CC in order to apply a CC license to a work. This means that CC does not have special knowledge of who uses the licenses and for what purposes, nor does CC have a way to contact creators beyond means generally available to the public. CC has no authority to grant permission on behalf of those persons, nor does CC manage those rights on behalf of others.

If you would like to obtain additional permissions to use the work beyond those granted by the license that has been applied, or if you’re not sure if your intended use is permitted by the license, you should contact the rights holder.

Are Creative Commons licenses enforceable in a court of law?

Creative Commons licenses are drafted to be enforceable around the world, and have been enforced in court in various jurisdictions. To CC’s knowledge, the licenses have never been held unenforceable or invalid.

CC licenses contain a “severability” clause. This allows a court to eliminate any provision determined to be unenforceable, and enforce the remaining provisions of the license.

What happens if someone applies a Creative Commons license to my work without my knowledge or authorization?

CC alerts prospective licensors they need to have all necessary rights before applying a CC license to a work. If that is not the case and someone has marked your work with a CC license without your authorization, you should contact that person and tell them to remove the license from your work. You may also wish to contact a lawyer. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What are the international (“unported”) Creative Commons licenses, and why does CC offer “ported” licenses?

One of CC’s goals is ensuring that all of its legal tools work globally, so that anyone anywhere in the world can share their work on globally standard terms. To this end, CC offers a core suite of six international copyright licenses (formerly called the “unported”) that are drafted based largely on various international treaties governing copyright, taking into account as many jurisdiction-specific legal issues as possible. The latest version (4.0) has been drafted with particular attention to the needs of international enforceability.

For version 3.0 and earlier, Creative Commons has also offered ported versions of its six core licenses for many jurisdictions (which usually correspond to countries, but not always). These ported licenses are based on the international license suite but have been modified to reflect local nuances in the expression of legal terms and conditions, drafting protocols, and language. The ported licenses and the international licenses are all intended to be legally effective everywhere. CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

Can governments and intergovernmental organizations (“IGOs”) use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors’ overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the “machine readable” layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]”; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you’re uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC’s Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC’s legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC’s Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and running pilot programs that allow creators to use CC licenses in some circumstances.

If you are already a member of a collecting society and want to use CC licenses, you are welcome to encourage your collecting society to give you the option of Creative Commons licensing.

Can I still make money from a work I make available under a Creative Commons license?

Yes. One of our goals is to encourage creators and rights holders to experiment with new ways to promote and market their work. There are several possible ways of doing this.

CC’s NonCommercial (NC) licenses allow rights holders to maximize distribution while maintaining control of the commercialization of their works. If you want to reserve the right to commercialize your work, you may do this by choosing a license with the NC condition. If someone else wants to use your work commercially and you have applied an NC license to your work, they must first get your permission. As the rights holder, you may still sell your own work commercially.

You may also use funding models that do not depend on using an NC license. For example, many artists and creators use crowdfunding to fund their work before releasing it under a less restrictive license. Others use a “freemium” model where the basic content is free, but extras such as a physical printed version or special access to a members-only website are for paying customers only.

For more information and ideas, The Power of Open presents case studies of artists, businesspeople, and organizations who use CC.

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

No. CC licenses allow for flexibility in the way credit is provided depending on the medium, means, and context in which a licensee is redistributing licensed material. For example, providing attribution to the creator when using licensed material in a blog post may be different than doing so in a video remix. This flexibility facilitates compliance by licensees and reduces uncertainty about different types of reuse—minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded.

Can I change the license terms or conditions?

Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons” or “CC” license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials. Keep in mind that altering terms and conditions is distinct from waiving existing conditions or granting additional permissions than those in the licenses. Licensors may always do so, and many choose to do so using the CC+ protocol to readily signal the waiver or additional permission on the CC license deed.

CC does not assert copyright in the text of its licenses, so you are permitted to modify the text as long as you do not use the CC marks to describe it. However, we do not recommend this. We also advise against modifying our licenses through indirect means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other material. This would prevent licensees from using, combining, or remixing content under your customized license with other content under the same or compatible CC licenses.

Modifying licenses creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.

Can I waive license terms or conditions?

Yes. You may always choose to waive some license terms or conditions. Material licensed under a CC license but with additional permissions granted or conditions waived may be compatibly licensed with other material under the same license. Our CC+ protocol provides a mechanism for facilitating that grant or waiver.

Can I enter into separate or supplemental agreements with users of my work?

Yes. CC licenses are nonexclusive. Licensors always have the option of entering into separate arrangements for the sharing of their material in addition to applying a CC license. However, those different arrangements are not “CC” or “Creative Commons” licenses.

Separate agreements: You may offer the licensed material under other licenses in addition to the CC license (a practice commonly referred to as “dual licensing”). For example, you may wish to license a video game soundtrack under both a CC license and the GPL, so that it may be used under either set of terms. A reuser may then choose which set of terms to comply with. Or, for example, you may offer your material to the public under a NonCommercial license, but offer commercial permissions to fee-paying customers.

Supplemental agreements: Problems arise when licensors design those terms or arrangements to serve not as separate, alternative licensing arrangements but as supplemental terms having the effect of changing the standard terms within the CC license. While you may offer separate terms and conditions to other parties, you should not do so in such a way that would neutralize terms of the CC license.

Except in the limited situation where more permissions are being granted or license conditions are waived, if the additional arrangement modifies or conflicts with the CC license terms, then the resulting licensing arrangement is no longer a CC licensing arrangement. To avoid confusing those who may mistakenly believe the work is licensed under standard CC terms, we must insist that in these instances licensors not use our trademarks, names, and logos in connection with their custom licensing arrangement.

It should be noted that any agreements you make with other parties only have an effect on the other parties to that agreement, and do not apply to anyone else receiving the licensed material. For example, if there are terms of use that apply to visitors to your website on which you host CC-licensed material, your terms of use may apply to visitors to that website, but not to anyone who receives copies of the CC-licensed material elsewhere. Even for the visitors to your website, any separate terms and conditions do not become part of the license—they remain a separate contractual agreement, and violation of this agreement does not constitute copyright infringement.

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

A CC license terminates automatically when its conditions are violated. For example, if a reuser of CC-licensed material does not provide the attribution required when sharing the work, then the user no longer has the right to continue using the material and may be liable for copyright infringement. The license is terminated for the user who violated the license. However, all other users still have a valid license, so long as they are in compliance.

Under the 4.0 licenses, a licensee automatically gets these rights back if she fixes the violation within 30 days of discovering it.

If you apply a Creative Commons license and a user violates the license conditions, you may opt to contact the person directly to ask them to rectify the situation or consult a lawyer to act on your behalf. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

As long as users abide by license terms and conditions, licensors cannot control how the material is used. However, CC licenses do provide several mechanisms that allow licensors to choose not to be associated with their material or to uses of their material with which they disagree.

First, all CC licenses prohibit using the attribution requirement to suggest that the licensor endorses or supports a particular use. Second, licensors may waive the attribution requirement, choosing not to be identified as the licensor, if they wish. Third, if the licensor does not like how the material has been modified or used, CC licenses require that the licensee remove the attribution information upon request. (In 3.0 and earlier, this is only a requirement for adaptations and collections; in 4.0, this also applies to the unmodified work.) Finally, anyone modifying licensed material must indicate that the original has been modified. This ensures that changes made to the original material–whether or not the licensor approves of them–are not attributed back to the licensor.

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

The use of any effective technical protection measures (such as digital rights management or “DRM”) by licensees to prevent others from exercising the licensed rights is prohibited.

Not all kinds of encryption or access limitations are prohibited by the licenses. For example, sending content via email and encrypting it with the recipient’s public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a particular set of users (for example, by requiring a username and password to enter a site) does not restrict further use of the content by the recipients. In these examples, these things do not prevent the recipient from exercising all of the rights granted by the license, including the right to redistribute it further.

If someone is applying effective technological measures to your CC-licensed material that do restrict exercise of the licensed rights (such as applying DRM that restricts copying), this is a violation of the license terms unless you have chosen to grant this permission separately.

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

No. CC licenses grant permission to use the licensed material in any media or format regardless of the format in which it has been made available. This is true even if you have applied a NoDerivatives license to your work. Once a CC license is applied to a work in one format or medium, a licensee may use the same work in any other format or medium without violating the licensor’s copyright.

What if I change my mind about using a CC license?

CC licenses are not revocable. Once something has been published under a CC license, licensees may continue using it according to the license terms for the duration of applicable copyright and similar rights. As a licensor, you may stop distributing under the CC license at any time, but anyone who has access to a copy of the material may continue to redistribute it under the CC license terms. While you cannot revoke the license, CC licenses do provide a mechanism for licensors to ask that others using their material remove the attribution information. You should think carefully before choosing a Creative Commons license.

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

CC offers six core licenses, each of which grants a different set of permissions. Before you use CC-licensed material, you should review the terms of the particular license to be sure your anticipated use is permitted. If you wish to use the work in a manner that is not permitted by the license, you should contact the rights holder (often the creator) to get permission first, or look for an alternative work that is licensed in a way that permits your anticipated use. Note that if you use material in a way that is not permitted by the applicable license and your use is not otherwise permitted by an applicable copyright exception or limitation, the license is automatically terminated and you may be liable for copyright infringement, even if you are eligible to have your rights reinstated later.

Before using material offered under a Creative Commons license, you should know that CC licenses only grant permissions needed under copyright and similar rights, and there may be additional rights you need to use it as intended. You should also understand that licensors do not offer warranties or guarantees about the material they are licensing unless expressly indicated otherwise. All materials are licensed “AS IS” and a disclaimer of warranties applies unless expressly provided otherwise. If you want to ask for a warranty or guarantee about rights to use the material, you should talk with the licensor before using it.

Does a Creative Commons license give me all the rights I need to use the work?

It depends. CC licenses do not license rights other than copyright and similar rights (which include sui generis database rights in version 4.0). For example, they do not license trademark or patent rights, or the publicity, personality, and privacy rights of third parties. However, licensors agree to waive or not assert any moral rights, publicity rights, personality rights, or privacy rights they themselves hold, to the limited extent necessary to allow exercise of the licensed rights. Any rights outside of the scope of the license may require clearance (i.e., permission) in order to use the work as you would like.

Additionally, creative works sometimes incorporate works owned by others (known as “third party content”), often used pursuant to a CC license or under an exception or limitation to copyright such as fair use in the U.S. You should make sure you have permission to use any third party content contained in the work you want to use, or that your use is otherwise allowed under the laws of your jurisdiction, particularly in cases such as fair use where your right to use the content depends on the particular context in which you plan to use it.

All CC licenses contain a disclaimer of warranties, meaning that the licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work. You may wish to obtain legal advice before using CC-licensed material if you are not sure whether you have all the rights you need.

What if there are sui generis database rights that apply to my use of a CC-licensed database?

In the somewhat limited circumstances where sui generis database rights apply to your use, special conditions apply and there are more specific considerations you should be aware of. Under 4.0, sui generis database rights are licensed alongside copyright, but the treatment in earlier versions of the license varies. A fuller explanation of these variations and related considerations is available in the Data FAQ.

Where can I find material offered under a CC license?

If you are looking for material offered under a Creative Commons license, CC Search is a good starting point. There is also a directory of organizations and individuals who use CC licenses. Some media sites, such as Flickr, have search filters for material licensed using CC’s licenses.

Be sure to confirm that the material you want to use is actually under a CC license, as search results may sometimes be misleading.

Are Creative Commons works really free to use?

Yes. While many if not most CC-licensed works are available at no cost, some licensors charge for initial access to CC-licensed works—for example, by publishing CC-licensed content only to subscribers, or by charging for downloads. However, even if you have paid an access charge, once you have a copy of CC-licensed material, you may make any further uses permitted by the license without paying licensing fees.

(If you wish to make uses that are not permitted by the license—for example, making a commercial use of an NC-licensed photo—the licensor may charge for those additional rights.)

What should I know about differences between the international licenses and the ported licenses?

As a licensee, you should always read and understand the relevant license’s legal code before using CC-licensed material, particularly if you are using material that is licensed using a ported license with which you are unfamiliar. Our porting process involved adapting the international licenses to the legal framework of different jurisdictions, and in that process slight adjustments may have been made that you should make yourself aware of in advance of using the material. You can find more information about the ported licenses in the Jurisdiction Database.

There are currently no ported versions of 4.0, and we expect there will be few, if any, in the future. All official translations of the 4.0 international licenses are equivalent: you may substitute one for another depending on your preferred language.

However, the ported versions of 3.0 and earlier sometimes contain small differences from the international license depending on the ways in which they have been adapted to their jurisdictions. For example, a handful of the ported licenses contain provisions specifying which laws will apply in the event the licensor chooses to enforce the license, and a few of the ported licenses contain forum selection clauses.

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Contact the rights holders to ask for permission. Otherwise, unless an exception or limitation to copyright applies, your use of the material may violate the Creative Commons license. If you violate the terms of the license, your rights to use the material will be automatically terminated, and you may be liable for copyright infringement.

Do I always have to comply with the license terms? If not, what are the exceptions?

You need to comply with the license terms if what you are doing would otherwise require permission from the rights holder. If your use would not require permission from the rights holder because it falls under an exception or limitation, such as fair use, or because the material has come into the public domain, the license does not apply, and you do not need to comply with its terms and conditions. Additionally, if you are using an excerpt small enough to be uncopyrightable, the license does not apply to your use, and you do not need to comply with its terms.

However, if you are using excerpts of CC-licensed material which individually are minimal and do not require license compliance, but together make up a significant copyrightable chunk, you must comply with the license terms. For example, if you quote many individual lines from a poem across several sections of a blog post, and your use is not a fair use, you must comply with the license even though no individual line would have been a substantial enough portion of the work to require this.

Attribution

How do I properly attribute material offered under a Creative Commons license?

All CC licenses require users to attribute the creator of licensed material, unless the creator has waived that requirement, not supplied a name, or asked that her name be removed. Additionally, you must retain a copyright notice, a link to the license (or to the deed), a license notice, a notice about the disclaimer of warranties, and a URI if reasonable. For versions prior to 4.0, you must also provide the title of the work. (Though it is not a requirement in 4.0, it is still recommended if one is supplied.)

You must also indicate if you have modified the work—for example, if you have taken an excerpt, or cropped a photo. (For versions prior to 4.0, this is only required if you have created an adaptation by contributing your own creative material, but it is recommended even when not required.) It is not necessary to note trivial alterations, such as correcting a typo or changing a font size. Finally, you must retain an indication of previous modifications to the work.

CC licenses have a flexible attribution requirement, so there is not necessarily one correct way to provide attribution. The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner. Additionally, you may satisfy the attribution requirement by providing a link to a place where the attribution information may be found.

While the attribution requirements in the license are the minimum requirement, we always recommend that you follow the best practices for the kind of use you are making. For example, if you are using scientific data marked with CC0, you are not required to give attribution at all, but we recommend that you give the same credit you would give to any other source—not because the license requires it, but because that is the standard for letting others know the source of the data.

The CC website offers some best practices to help you attribute properly, and the CC Australia team has developed a helpful guide to attributing CC-licensed material (.pdf) in different formats. Note that the attribution and marking requirements vary slightly among license versions. See here for a chart comparing the specific requirements.

Do I need to be aware of anything else when providing attribution?

Yes. You need to be careful not to imply any sponsorship, endorsement, or connection with the licensor or attribution party without their permission. Wrongfully implying that a creator, publisher, or anyone else endorses you or your use of a work may be unlawful. Creative Commons makes the obligation not to imply endorsement explicit in its licenses. In addition, if the licensor of a work requests that you remove the identifying credit, you must do so to the extent practical.

Additionally, when you are using a work that is an adaptation of one or more pre-existing works, you may need to give credit to the creator(s) of the pre-existing work(s), in addition to giving credit to the creator of the adaptation.

Do I always have to attribute the creator of the licensed material?

You must attribute the creator when you provide material to the public by any means that is restricted by copyright or similar rights. If you are using the material personally but are not making it or any adaptations of it available to others, you do not have to attribute the licensor. Similarly, if you are only distributing the material or adaptations of it within your company or organization, you do not have to comply with the attribution requirement. Learn more about when compliance with the license is not required.

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such.

Can I take a CC-licensed work and use it in a different format?

Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.

This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work.

How do I know if a low-resolution photo and a high-resolution photo are the same work?

As with most copyright questions, it will depend on applicable law. Generally, to be different works under copyright law, there must be expressive or original choices made that make one work a separate and distinct work from another. The determination depends on the standards for copyright in the relevant jurisdiction.

Under U.S. copyright law, for example, mechanical reproduction of a work into a different format is unlikely to create a separate, new work. Consequently, digitally enhancing or changing the format of a work absent some originality, such as expressive choices made in the enhancement or encoding, will not likely create a separate work for copyright purposes. The creative bar is low, but it is not non-existent. Accordingly, in some jurisdictions releasing a photograph under a CC license will give the public permission to reuse the photograph in a different resolution.

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

The NoDerivs licenses (BY-ND and BY-NC-ND) prohibit reusers from creating adaptations. What constitutes an adaptation, otherwise known as a derivative work, varies slightly based on the law of the relevant jurisdiction.

Incorporating an unaltered excerpt from an ND-licensed work into a larger work only creates an adaptation if the larger work can be said to be built upon and derived from the work from which the excerpt was taken. Generally, no derivative work is made of the original from which the excerpt was taken when the excerpt is used to illuminate an idea or provide an example in another larger work. Instead, only the reproduction right of the original copyright holder is being exercised by person reusing the excerpt. All CC licenses grant the right to reproduce a CC-licensed work for noncommercial purposes (at a minimum). For example, a person could make copies of one chapter of an ND-licensed book and not be in violation of the license so long as other conditions of the license are met.

There are exceptions to that general rule, however, when the excerpts are combined with other material in a way that creates some new version of the original from which the excerpt is taken. For example, if a portion of a song was used as part of a new song, that may rise to the level of creating an adaptation of the original song, even though only a portion of it was used and even if that portion was used as-is.

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

No. When you receive material under a Creative Commons license, you may not place additional terms and conditions on the reuse of the work. This includes using effective technological measures (ETMs) that would restrict a licensee’s ability to exercise the licensed rights.

A technological measure is considered an ETM if circumventing it carries penalties under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements. Generally, this means that the anti-circumvention laws of various jurisdictions would cover attempts to break it.

For example, if you remix a CC-licensed song, and you wish to share it on a music site that places digital copy-restriction on all uploaded files, you may not do this without express permission from the licensor. However, if you upload that same file to your own site or any other site that does not apply DRM to the file, and a listener chooses to stream it through an app that applies DRM, you have not violated the license.

Note that merely converting material into a different format that is difficult to access or is only available for certain platforms does not violate the restriction; you may do this without violating the license terms.

Can I share CC-licensed material on password-protected sites?

Yes. This is not considered to be a prohibited measure, so long as the protection is merely limiting who may access the content, and does not restrict the authorized recipients from exercising the licensed rights. For example, you may post material under any CC license on a site restricted to members of a certain school, or to paying customers, but you may not place effective technological measures (including DRM) on the files that prevents them from sharing the material elsewhere.

(Note that charging for access may not be permitted with NC-licensed material; however, it is not disallowed by the restriction on ETMs.)

Can I share CC-licensed material on file-sharing networks?

Yes. All CC licenses allow redistribution of the unmodified material by any means, including distribution via file-sharing networks. Note that file-trading is expressly considered to be noncommercial for purposes of compliance with the NC licenses. Barter of NC-licensed material for other items of value is not permitted.

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

If you have received material under a CC license that is encumbered with effective technological measures (such as digital rights management or DRM), you may or may not be permitted to break it, depending on the circumstances. By releasing material under a CC license, the licensor agrees not to assert any rights she may have to prevent the circumvention of effective technological measures. (Under the 3.0 and earlier licenses, this is implied but not explicit.) However, if she has uploaded it to a site or other distribution channel that itself applies such measures, that site may have the right to prevent you from breaking them, even though the licensor herself cannot do so.

Note that anti-circumvention laws can impose criminal liability in some jurisdictions.

What if I have received CC-licensed material with additional restrictions?

It is possible that CC-licensed material will appear on platforms that impose terms in addition to the copyright license (though Creative Commons strongly discourages restrictions that interfere with exercise of the licensed rights). These additional terms do not form part of the license for the work. For example, if you download CC-licensed material from a site that does not permit downloading, you may be breaking the terms of use of the site, but you are not infringing the CC license. See our guide to Modifying the CC licenses for more guidance and information.

Combining and adapting CC material

When is my use considered an adaptation?

Whether a modification of licensed material is considered an adaptation for the purpose of CC licenses depends primarily on the applicable copyright law. Copyright law reserves to an original creator the right to create adaptations of the original work. CC licenses that allow for adaptations to be shared—all except BY-ND and BY-NC-ND—grant permission to others to create and redistribute adaptations when doing so would otherwise constitute a violation of applicable copyright law. Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable, such as a translation of a novel from one language to another, or the creation of a screenplay based on a novel.

Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation, whether or not it would be considered so under applicable law. Also, under version 4.0, certain uses of databases restricted by sui generis database rights also constitute adaptations (called “Adapted Material” in the 4.0 licenses), whether or not they would be considered adaptations under copyright law. For more details about adaptations in the database context, see the Data FAQ.

Note that all CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license.

Note on terminology: throughout these FAQs, we use the term “remix” interchangeably with “adapt.” Both are designed to mean doing something that constitutes an adaptation under copyright law.

Can I combine material under different Creative Commons licenses in my work?

It depends. The first question to ask is whether doing so constitutes an adaptation. If the combination does not create an adaptation, then you may combine any CC-licensed content so long as you provide attribution and comply with the NonCommercial restriction if it applies. If you want to combine material in a way that results in the creation of an adaptation (i.e. a “remix”), then you must pay attention to the particular license that applies to the content you want to combine.

The NoDerivatives licenses do not permit remixing except for private use (the pre-4.0 licenses do not permit remixing at all, except as allowed by exceptions and limitations to copyright). All the other CC licenses allow remixes, but may impose limitations or conditions on how the remix may be used. For example, if you create a remix with material licensed under a ShareAlike license, you need to make sure that all of the material contributed to the remix is licensed under the same license or one that CC has named as compatible, and you must properly credit all of the sources with the required attribution and license information. Similarly, if you want to use a remix for commercial purposes, you cannot incorporate material released under one of the NonCommercial licenses.

The chart below shows which CC-licensed material can be remixed. To use the chart, find a license on the left column and on the top right row. If there is a check mark in the box where that row and column intersect, then the works can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies. See below for details on how remixes may be licensed.

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If you make adaptations of material under a CC license (i.e. “remix”), the original CC license always applies to the material you are adapting even once adapted. The license you may choose for your own contribution (called your “adapter’s license”) depends on which license applies to the original material. Recipients of the adaptation must comply with both the CC license on the original and your adapter’s license.

  • BY and BY-NC material

When remixing BY or BY-NC material, it is generally recommended that your adapter’s license include at least the same license elements as the license applied to the original material. This eases reuse for downstream users because they are able to satisfy both licenses by complying with the adapter’s license. For example, if you adapt material licensed under BY-NC, your adapter’s license should also contain the NC restriction. See the chart below for more details.

  • BY-SA and BY-NC-SA material

In general, when remixing ShareAlike content, your adapter’s license must be the same license as the license on the material you are adapting. All licenses after version 1.0 also allow you to license your contributions under a later version of the same license, and some also allow ported licenses. (See the license versions page for details.) If you wish to adapt material under BY-SA or BY-NC-SA and release your contributions under a non-CC license, you should visit the Compatibility page to see which options are allowed.

  • BY-ND and BY-NC-ND material

The BY-ND and BY-NC-ND licenses do not permit distribution of adaptations (also known as remixes or derivative works), and prohibits the creation of adaptations under the pre-4.0 versions of those licenses. Since you may not share remixes of these materials at all, there is no compatibility with other licenses. (Note that the ND licenses do allow you to reproduce the material in unmodified form together with other material in a collection, as indicated in the next FAQ.)

  • Adapter’s license chart

The chart below details the CC license(s) you may use as your adapter’s license. When creating an adaptation of material under the license identified in the lefthand column, you may license your contributions to the adaptation under one of the licenses indicated on the top row if the corresponding box is green. CC does not recommend using a license if the corresponding box is yellow, although doing so is technically permitted by the terms of the license. If you do, you should take additional care to mark the adaptation as involving multiple copyrights under different terms so that downstream users are aware of their obligations to comply with the licenses from all rights holders. Dark gray boxes indicate those licenses that you may not use as your adapter’s license.

Adapter’s license chart Adapter’s license
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work PD              
BY              
BY-NC              
BY-NC-ND              
BY-NC-SA              
BY-ND              
BY-SA              
Abbreviation Key

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

All Creative Commons licenses (including the version 4.0 licenses) allow licensed material to be included in collections such as anthologies, encyclopedias, and broadcasts. You may choose a license for the collection, however this does not change the license applicable to the original material.

When you include CC-licensed content in a collection, you still must adhere to the license conditions governing your use of the material incorporated. For example, material under any of the Creative Commons NonCommercial licenses cannot be used commercially. The table below indicates what type of CC-licensed works you may incorporate into collections licensed for commercial and noncommercial uses.

Original Work Commercial Collection (BY, BY-SA, BY-ND) NonCommercial Collection (BY-NC, BY-NC-SA, BY-NC-ND)
PD    
BY    
BY-NC    
BY-NC-ND    
BY-NC-SA    
BY-ND    
BY-SA    

License termination

When do Creative Commons licenses expire?

Creative Commons licenses expire when the underlying copyright and similar rights expire.

Note that the relevant rights may expire at different times. For example, you may have a CC-licensed song where the rights in the musical arrangement expire before the rights in the lyrics. In this case, when the copyright in the music expires, you may use it without being required to comply with the conditions of the CC license; however, you must still comply with the license if you use the lyrics.

What happens if the author decides to revoke the CC license to material I am using?

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms. Of course, you may choose to respect the licensor’s wishes and stop using the work.

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

All of the CC licenses terminate if you fail to follow the license conditions. If this happens, you no longer have a license to use the material.

In the 4.0 licenses, your rights under the license are automatically reinstated if you correct this failure within 30 days of discovering the violation (either on your own or because the licensor or someone else has told you). Under the 3.0 and earlier licenses, there is no automatic reinstatement.

If you have lost your rights under a CC license and are not entitled to automatic reinstatement, you may regain your rights under the license if the licensor expressly grants you permission. You cannot simply re-download the material to get a new license.

Note that you may still be liable for damages for copyright infringement for the period where you were not in compliance with the license.

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

The Creative Commons licenses have three layers, as does the CC0 public domain dedication: the human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The Public Domain Mark is not legally operative, and so has only two layers: the human-readable mark and machine-readable metadata.

When material is licensed using any of the CC licenses or tools, it is highly recommended that a CC button, text, or other marker somehow accompany it. There are many possible modes for marking. For our licenses, people generally use the CC license chooser to generate HTML code that can be pasted into the webpage where the licensed material is published. CC0 and the Public Domain Mark have a separate chooser. Many platforms and web services such as Flickr and Drupal support CC licensing directly, allowing you to select an appropriate license. The service then properly marks the work for you.

CC has published some best practices for marking your CC-licensed material, and recommends:

  • Including a visual indicator (some combination of text and images) that the work is licensed with one of the CC licenses.
  • Clearly indicating what material is covered under the CC license, especially if it’s presented alongside non-licensed materials.
  • Including a link to the human-readable deed (which itself contains a link to the legal code).
  • Embedding machine-readable metadata in the code of the license indicator or code of the licensed page.

See the marking page for more details.

What does it mean that Creative Commons licenses are “machine-readable”?

Creative Commons has specified CC REL as a way to associate machine-readable licensing metadata with objects offered under CC licenses.

Before Creative Commons developed this vocabulary, it was difficult for a machine to ascertain whether an object was marked with a CC license. There was also no standard, predictable place to house metadata about that license (for example, the source URL of the work or the required mode of attribution).

Machine-readable metadata based on well-accepted metadata standards creates a platform upon which new services and applications can be built. Software and services can detect CC licenses and the details of that license, as described by the metadata. For example, on many websites and search engines such as Google and Flickr, you can run filtered searches for works offered under specific CC licenses. In addition, CC license deeds can automatically create copy-and-paste attribution code so users may easily comply with the BY condition of the licenses. When you click on a CC license or button from a page with license metadata, you get copy-and-paste attribution HTML within that license deed page. That HTML is based on available RDFa metadata in the original material.

All HTML provided by the CC license chooser is automatically annotated with metadata in RDFa format.

What is RDFa?

RDFa is a method for embedding structured data in a web page. For more information about RDFa, see the following resources:

What is CC REL and why does Creative Commons recommend it?

Creative Commons Rights Expression Language (CC REL) renders information about licenses and works machine-readable through standards that define the semantic web. Creative Commons wants to make it easy for creators and scientists to build upon the works of others when they choose; licensing your work for reuse and finding properly licensed works to reuse should be easy. CC recommends that you mark your licensed works with CC REL. The Creative Commons license chooser provides HTML annotated with CC REL, while the Creative Commons deeds recognize CC REL on web pages with works offered under a CC license, and use this metadata to enhance the deed for properly marked-up works, e.g., by providing copy and paste HTML that includes work attribution.

For more background information on CC REL, please refer to this paper.

What does it mean for a search engine to be CC-enabled?

Some search engines (like Google) allow people to filter their search results by usage rights so that you can limit your search results according to the particular CC license you seek. For example, if you are looking for a photo to adapt, you can filter your search to return photos that have a CC license that permits creation of adaptations. You can generally find this search feature on the advanced search page of your selected search engine. You can also use CC Search, which offers a convenient interface to search and a list of those content providers that support searches for content based on usage rights.

Please note, however, that you should always double check to make sure that the work you locate through a search is licensed as you wish.

How do I give users of my site the option to use CC licensing like Flickr does?

Creative Commons provides tools for integrating license selection with your site. You can find an overview at the Web Integration article on the CC wiki. The Partner Interface is a good way to get started and will always have the most up-to-date license versions and translations. However, there is also an API available if you want more control.

How can I change or remove the Creative Commons search option built into the Firefox browser?

Mozilla has included the Creative Commons search function in many versions of Firefox along with search options for Google, Amazon, and other popular sites. Please take a look at the Firefox article on the CC wiki for an explanation of how to change these features.

If you want to add or remove a particular search option, click on the logo in the search box (for example, the CC logo or the Google logo). This will open the pull down menu, which will allow you to select different search providers. If you choose “Manage Search Engines,” you will be able to add or remove search engines. You can also alter the order in which the search providers appear on the pull down menu.

Is Creative Commons involved in digital rights management (DRM)?

No. CC licenses are a form of rights expression, not rights management. CC provides tools to make it easier for creators and owners to say which rights they reserve and permissions they grant. This is different from digital rights management (or “DRM”), which uses technological protection measures to prevent people from using the work in a way that the owner has not permitted.

CC licenses contain language prohibiting licensees from the use of effective technological measures (including DRM) to prevent access to licensed material: ”You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any such recipient.”

While licensors may apply effective technological measures (ETMs) to their own materials, the licensor provides a limited permission to circumvent these measures: “The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures.” Note that this only applies to effective technological measures applied by licensors themselves: third parties such as distribution platforms may still apply ETMs if the licensor uploads there, and the license is not able to grant you permission to circumvent it.

Copyright law grants exclusive rights to creators of original works of authorship. National laws usually extend protections to such works automatically once fixed in a tangible medium, prohibiting the making of copies without the rights holder’s permission, among other things. On the internet, even the most basic activities involve making copies of copyrighted content. As content is increasingly uploaded, downloaded, and shared online, copyright law is becoming more relevant to more people than it was 20 years ago. Unfortunately, infringing copyrights—even unintentionally or unknowingly—can lead to liability. Successful navigation of the internet requires some understanding of copyright law.

What is the public domain?

The public domain of copyright refers to the aggregate of those works that are not restricted by copyright within a given jurisdiction. A work may be part of the public domain because the applicable term of copyright has expired, because the rights holder surrendered copyright in the work with a tool like CC0, or because the work did not meet the applicable standards for copyrightability.

Because the public domain depends on the copyright laws in force within a particular territory, sometimes a work may be considered “in the public domain” of one jurisdiction, but not in another. For example, U.S. government works are automatically in the public domain under U.S. copyright law, but might be restricted by copyright in other countries.

The Public Domain Manifesto, the University Libraries page, and the CC0 FAQs all contain additional information about the public domain.

Copyright in most jurisdictions attaches automatically without need for any formality once a creative work is fixed in tangible form (i.e. the minute you put pen to paper, take a photo, or hit the “save” button on your computer).

In some jurisdictions, creators may be required to register with a national agency in order to enforce copyright in court. If you would like more information, please consult the Berne Convention or your jurisdiction’s copyright law.

Although you do not have to apply a copyright notice for your work to be protected, it may be a useful tool to clearly signal to people that the work is yours. It also tells the public who to contact about the work.

What is an adaptation?

An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.

In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter’s personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil’s copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction’s copyright law for more information.

What are moral rights?

Copyright laws in many jurisdictions around the world grant creators “moral rights” in addition to the economic or commercial right to exploit their creative works. Moral rights protect the personal and reputational value of a work for its creator. Moral rights differ by country, and can include the right of attribution, the right to have a work published anonymously or pseudonymously, and/or the right to the integrity of the work. The moral right of integrity may provide creators with a source for redress if an adaptation represents derogatory treatment of their work, typically defined as “distortion or mutilation” of the work or treatment that is “prejudicial to the honor, or reputation of the author.” Not all jurisdictions provide for moral rights.

The CC licenses are intended to minimize the effect of moral rights on a licensee’s ability to use licensed material; however, in some jurisdictions, these rights may still have an effect. CC offers some additional information on how CC licenses may affect your moral rights.

What are neighboring rights?

Copyright provides an incentive to create works by providing exclusive rights to creators. However, the distribution or exploitation of a work often involves more than just the creator. For example, if someone writes a song, someone else may perform the song, and another may produce the recording of the song. Some jurisdictions extend copyright to the contributions made by these persons; other jurisdictions extend such exclusive rights in the form of neighboring rights. Neighboring rights may include performers’ rights or broadcasters’ rights, among others. The Rome Convention sets forth some guidelines on the scope of neighboring rights. Not all jurisdictions recognize neighboring rights.

What are sui generis database rights?

Sui generis database rights grant qualifying database makers the right to prohibit the extraction and reuse of a substantial portion of a database. The rights are granted to database makers that make a substantial investment of time and resources to create the database. Sui generis database rights are primarily enacted within the European Union and a handful of other jurisdictions.

What are collecting societies?

Collecting societies are copyright management organizations. Some examples of collecting societies include ASCAP and BMI (United States), BUMA/STEMRA (Netherlands), PRS (United Kingdom), and APRA (Australia). These societies license works on behalf of their owners and process royalty payments from parties using the copyrighted works.

CC offers additional information on how collecting societies might affect your rights and your ability to apply CC licenses to your work. CC has several pilots underway with collecting societies that have chosen to allow their members to use CC licenses on a limited basis.

What are publicity, personality, and privacy rights?

These terms are used differently in different jurisdictions. Generally speaking, these rights allow individuals to control the use of their voice, image, likeness, or other identifiable aspect of their identity, especially for purposes of commercial exploitation. Similarly, in some jurisdictions these rights allow people to restrict others’ ability to publish information about them without their permission. Whether and to what extent these rights exist, and if so, how they are labeled, varies depending on the jurisdiction.

Creative Commons licenses have a limited effect on these rights where the licensor holds them. Where the licensor has publicity, personality, or privacy rights that may affect your ability to use the material as the license intends, the licensor agrees to waive or not assert those rights. However, any such rights not held by the licensor are not affected and may still affect your desired use of a licensed work. If you have created a work or wish to use a work that might in some way implicate these rights, you may need to obtain permission from the individuals whose rights may be affected.

Data

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

: Uses of CC Licenses with Data and Databases : Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker’s investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [marking page]https://wiki.creativecommons.org/wiki/Marking_your_work_with_a_CC_license “wikilink”) for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights–but not copyright–are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.1 These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker’s substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Artificial intelligence and CC licenses

What are the limits on how CC-licensed works can be used in the development of new technologies, such as training of artificial intelligence software?

The licenses grant permission for reuse in any situation that requires permission under copyright. There are many ways in which CC-licensed work works and even all rights reserved works can be reused without permission. This includes uses that are fair uses, for example.

If someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected. This is one of the enduring qualities of our licenses — they have been carefully designed to work with all new technologies where copyright comes into play. No special or explicit permission regarding new technologies from a copyright perspective is required.

But what about privacy laws, rules governing ethical research, and data protection laws?

CC’s copyright licenses are not universal policy tools. Copyright is the primary obstacle to reuse that our licenses solve, but there are many other issues related to the reuse of content that our licenses do not address and that reusers should be aware of. These can include privacy and rules governing ethical research and the collection or use of data, which have to be addressed and respected separate and apart from the copyright issues that CC licenses cover.

What attribution obligations exist when CC-licensed images are included in a published dataset? Is linking to the original image or URI required, and if so, is it adequate?

It depends. First, keep in mind that CC licenses never limit uses that copyright doesn’t control. For example, as a general matter text and data mining in the United States is considered a fair use and does not require permission under copyright. This means that reusers engaged in text and data mining do not have to adhere to the marking and attribution requirements in our licenses for that activity even though we strongly recommend they do so anyway. A second example is linking. In some countries, linking to copyrighted content doesn’t require permission under copyright law, which means the CC license obligations do not come into play even though the linked content is CC-licensed.

Where a CC-licensed work is distributed as part of a database or dataset, and assuming copyright (or in the European Union, copyright or sui generis database rights) is triggered, then the license conditions must be respected. This means providing the required attribution information in a way that is reasonable under the circumstances. Our licenses allow for some flexibility, and in some cases that may be as simple as providing a link to the website where the relevant attribution information is provided. Visit our marking practices page for more information.

If a for-profit company uses CC-licensed content under a Non Commercial license and releases the work under terms that allow only research purposes, is the NC restriction violated?

This depends on whether any of the uses made of the works by the company, whether for profit or non profit, are primarily intended for commercial advantage or monetary compensation. This is hard to know without having all of the facts about how a work was used, whether internally by the company for its own purposes or how the work was distributed for further use. Visit our NC page for more information about what constitutes commercial and non commercial uses of works.

If NC-licensed content is redistributed to the public under an NC license, that distribution would not violate the NC clause. (Note that CC strongly discourages the use of any license terms other than a CC NC license for redistributions of NC-licensed content.)

If CC SA-licensed content is included in a database, does the entire database have to be licensed under an SA license?

CC licenses never require a reuser of a CC-licensed work to make the original work or resulting works (collections, derivatives, etc.) publicly available. There are lots of private reuses of works that are permitted by CC’s licenses that do not require compliance with their terms. Regarding ShareAlike, the condition only applies if a work is modified and if the work is shared publicly. In the situation where a reuser created a dataset of photos and made it publicly available, and assuming copyright permission is required, then what is released is likely a collection or compilation of pre-existing works. CC licenses do not require the collection or the compilation itself to be made available under an SA license, even though each individual work is still licensed individually under an SA license and if they were modified by the distributor the modified photo would need to be licensed under the same terms. For example, were Creative Commons to compile photographs from a photo sharing website under a BY-SA 2.0 license and create a database that it then publicly distributed, CC could license the collection as a whole under a BY license, but the photographs would continue to be licensed under BY-SA 2.0.

What, if any, remedies, do users have if they dislike how their photos or images have been reused?

Several remedies are potentially available. Some may be available if the CC license terms have been violated, and others may be available through other, separate avenues because they involve other laws or regulations that the CC licenses do not cover. It’s important to remember, however, that absent a violation of the license the permissions granted under the license remain in place and cannot be revoked.

  • Under the CC licenses, even if a license condition has not been violated licensors can ask that attribution to them be removed so they can distance themselves from the reuse.
  • For violations of a CC license term where the license was required (not a fair use, etc.) then you may have a claim for copyright infringement. Fortunately, in the CC community most license violations are handled amicably without resorting to the courts.
  • For claims involving laws and regulations other than copyright, recourse may be available depending on your local laws.

An important starting point for any would-be sharer of content under a CC license is to educate yourself in advance about how they work and what rights they do and do not cover. We have many FAQs on our website. We also provide human-readable deeds with links to the full text of our licenses. Additionally, all of our licenses highlight at the beginning many considerations that licensors should have in mind before they license, and considerations for reusers of works before they do so in order to avoid inadvertent violations.

Notes

  1. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).↩

#####EOF##### Privacy Policy (pre 2010-03-03) - Creative Commons
Creative Commons > Privacy Policy > Privacy Policy (pre 2010-03-03)

Privacy Policy (pre 2010-03-03)


This Master Privacy Policy (“Privacy Policy”) explains the collection, use, and disclosure of “personal information” by Creative Commons Corporation (“CC” or “Creative Commons”), a Massachusetts Corporation, with its principal place of business at 171 Second St, Suite 300, San Francisco, CA 94150, USA, through the websites that Creative Commons operates at http://creativecommons.net (the “ccNet Website”), http://creativecommons.org, and http://sciencecommons.org, (collectively, together with all sub-domains thereof including, without limitation, http://learn.creativecommons.org, http://opened.creativecommons.org (“OpenEd Website”), and http://discovered.creativecommons.org/search, the “Websites”). Any “personal information” that Creative Commons collects via our ccMixter site (http://ccmixter.org) is handled in accordance with our ccMixter Privacy Policy (http://ccmixter.org/privacy). For avoidance of doubt, this Privacy Policy does not apply to any of the websites operated by international affiliates of Creative Commons.

In addition, additional or supplemental Privacy Policy terms (“Supplemental Privacy Policy Terms”) may apply to a particular Website or service provided thereon, such as the Scholar’s Copyright Addendum Engine (http://sciencecommons.org/resources/supplemental-privacy-policy/). All such Supplemental Privacy Policy Terms will be accessible for you to read either within, or through your use of, that Website or service.

This Privacy Policy also explains our commitment to you with respect to our use and disclosure of non personal browsing and site usage data that Creative Commons collects as the provider of the Websites and an OpenID service provider. That commitment is contained in a “Data Usage Policy,” below.

As used in this policy, “personal information” means information that would allow a party to identify you such as, for example, your name, address or location, telephone number or email address.

By accessing the Websites or using Creative Commons as your OpenID service provider, you are accepting and agreeing to the practices described in this Privacy Policy.

Our Principles

Creative Commons is committed to handling responsibly the information and data we collect about you through our Websites, whether personal information or non personal browsing and site usage data. We have designed our Privacy Policy and our Data Usage Policy consistent with the following principles (the “Principles”):

  1. Privacy policies and data collection and use policies should be human readable, comprehensive, and easy to locate;
  2. Only the minimum amount of information reasonably necessary to provide you with services should be collected and maintained, and only for so long as reasonably needed or required;
  3. Information you provide through our Websites, or that we gather as a result of your use of our Websites or OpenID services, should not be used for marketing or advertising purposes, nor should it be provided voluntarily (without your permission) to anyone else unless required; and
  4. Unless restricted or prohibited by law, and provided your email address has been collected and retained, you should be notified when circumstances require Creative Commons to provide a third party with your personal information.

Personal Information CC Collects

We may collect personal information at several places on the Websites, including without limitation:

  • in connection with your selection of one of our licenses or legal tools including, without limitation, CCO, or the Public Domain Certification, or your application for Founder’s Copyright;
  • when you provide us with your personal information such as by sending an email to us or signing up to receive a newsletter or our events listing;
  • when you subscribe to one of our email discussion lists or register to establish a user account on any of our Websites (such as the OpenEd Site (located at http://opened.creativecommons.org) or the Creative Commons Wiki (located at http://wiki.creativecommons.org);
  • when you donate money to us or purchase merchandise;
  • when you join the Creative Commons network through our ccNet Website, and when you thereafter create/edit your profile page, identify your content, share your story, and/or establish a Creative Commons OpenID; and
  • when you provide personal information in connection with your participation in any of the forums we make available to that community.

What CC does with Personal Information

License/Tool Selection. We use the personal information you provide to us as part of your selection of one of our licenses/tools to provide you the RDF, html, and the Uniform Resource Locator that correspond to the license/tool you selected. Your email address is expunged after this email has been successfully sent. If you apply for a Founder’s Copyright, we use and retain your personal information to provide you with the relevant agreement, to process your application and manage your Founder’s Copyright. We may use all of this information to maintain license usage data.

Emails and Newsletters. We use the personal information you provide to us when you send us emails or sign up to receive our newsletter or events listing in order to respond to your request — for example, to reply to your email or to send you communications about news and events related to Creative Commons.

When you subscribe to our newsletter, events list or one of our email discussion lists, your name and email address is sent to and stored by ibiblio.org (http://www.ibiblio.org/), a collaboration between the Center for the Public Domain (http://www.centerforthepublicdomain.org/) and the University of North Carolina – Chapel Hill (http://www.unc.edu/). Personal information submitted as part of our email discussion lists is used for the purpose of managing the discussion lists. Your name and email address will typically be visible to other list participants when you correspond on the list and to the general public in the discussion archives. All emails sent to the discussions list are publicly archived.

Donations. When you donate money to us or purchase merchandise via our support page, your personal information will be handled in one of two ways, depending on which option you choose.

  1. If you purchase a t-shirt or other merchandise from Creative Commons, we will use your personal information for the purpose of sending you the items you purchased.
  2. You may donate money to Creative Commons directly or through a variety of on-line payment sites, including PayPal, the Amazon Honor System, Just-Give.org, Good Search, Network for Good, and Mission Fish, among others. When you use any of those websites and services to donate to CC, your personal information is sent to, handled by and stored by those websites in accordance with their respective privacy policies and terms of use. You should read and understand the privacy policy and terms of use of any website you use to donate to Creative Commons. When you donate money to Creative Commons directly, we use your personal information to process your donation.

Regardless of the method by which you donate to Creative Commons or purchase a t-shirt or other merchandise, we additionally use the personal information you provide for the purpose of contacting you about upcoming news and events relevant to Creative Commons. When we contact you for the first time after your donation, we will use reasonable means to give you the option to choose not to be contacted in this manner again. When you donate money as part of one of CC’s fundraising campaigns, your name will be published on our “supporters page” unless you request otherwise.

ccNet Website. When you join our network you provide personal information to create your account and establish a password and profile, and to create an OpenID. We use that personal information to establish and maintain your accounts, provide you with the features we provide for account holders, to act as your OpenID service provider, and for the purpose of contacting you about upcoming news and events relevant to Creative Commons.

By joining the Creative Commons network, you are also given a public profile page where you can voluntarily post personal information for public viewing. The information that you submit on your public profile page, including but not limited to information you provide in the field “Your CC Story” and any photograph or image of yourself you upload, is posted by you at your discretion (although subject to ccNet’s Master Terms of Use). The information you publish on your public profile page, including your personal information, may be used by anyone who views that information for any lawful purpose, with the exception of the text you insert in the “Your CC Story” field and any photograph or image of yourself that you upload, which if you choose to provide in either case must be licensed under and becomes subject to the terms and conditions of the Creative Commons Attribution 3.0 Unported license, as stated on the Edit Profile page. CC may use the personal and non personal browsing information you provide in your public profile, including the text in the “Your CC Story” field (subject to the terms of that license), to promote the mission of Creative Commons and the ccNet Website.

Participating in Our Community: Registered Users. When you register to obtain a user account on any of the Websites (any such person, a “Registered User”), including but not limited to the OpenEd Site (located at http://opened.creativecommons.org) and the Creative Commons Wiki (located at http://wiki.creativecommons.org) you may be asked to provide personal information to create your account and establish a password and profile. Providing your email address and/or real name is optional. If you do provide your email address, it will allow us to send you your password if you should forget it. If you voluntarily provide your real name in connection with any content you submit to any Website, your name may be associated with the content you contributed (such as when you edit a Wiki page). We will also use that personal information to establish and maintain your membership and provide you with the features we provide for Registered Users, and for the purpose of contacting you about upcoming news and events relevant to Creative Commons.

Registered Users on the OpenEd Website are automatically provided with a public page where you may post personal information for public viewing. You are not required to post any information or personal information on this page, but may be posted in your own sole discretion (although any information posted remains subject to CC’s Master Terms of Use). Please note that the information you publish on your public page, including your personal information, may be used by anyone who views that information for any lawful purpose and, where relevant, subject to license terms set forth in CC’s Master Terms of Use. CC may use the personal and non personal browsing information you provide on your public page to promote the mission of Creative Commons and the OpenEd Website. If provided, your name may be associated with content you contribute to the OpenEd Website.

Any other personal information that we may collect which is not described specifically in this Privacy Policy will only be collected and used in accordance with the Principles.

Disclosures of Personal Information

In general, it is not Creative Commons’ practice to disclose personal information to third parties. We may share personal information in two instances:

First, Creative Commons may share personal information with our contractors and service providers in order to maintain, enhance, or add to the functionality of the Websites or the OpenID service.

Second, we may disclose your personal information to third parties in a good faith belief that such disclosure is reasonably necessary to (a) take action regarding suspected illegal activities; (b) enforce or apply our Master Terms of Use and Privacy Policy; (c) comply with legal process, such as a search warrant, subpoena, statute, or court order; or (d) protect our rights, reputation, and property, or that of our users, affiliates, or the public.

If Creative Commons is required to provide a third party with your personal information (whether by subpoena or otherwise), then provided we have collected and retained an email address for you, Creative Commons will use reasonable means to notify you promptly of that event, unless prohibited by law or CC is otherwise advised not to notify you on the advice of legal counsel.

Security of Personal Information Collected via the Websites; OpenID

Creative Commons has implemented reasonable measures to protect against unauthorized access to and unlawful interception or processing of personal information that Creative Commons stores and controls. However, no website can fully eliminate security risks. Third parties may circumvent our security measures to unlawfully intercept or access transmissions or private communications. We will post a reasonably prominent notice to the Websites if any such security breach occurs.

OpenID, including Creative Commons OpenID services, has security risks in addition to those described above. Among other things, OpenID is vulnerable to DNS attacks, and using OpenID may increase the risk of phishing. See About OpenID for more information about the types and levels of risks associated with OpenID.

Data Usage Policy: Non Personal Browsing and Site Usage Information

Our Data Usage Policy covers how we maintain and use information about you that is collected by our Websites and server logs, including when you log into a website using your Creative Commons OpenID.

Non Personal Browsing Information We Collect. When you use the Websites, our servers (which may be hosted by a third party service provider) may collect information indirectly and automatically (through, for example, the use of your “IP address”) about your activities while visiting the Websites and information about the browser you are using. In addition, whenever you use your Creative Commons OpenID to log into a website, our servers (which, again, may be hosted by a third party service provider) keep a log of the websites you visit and when you visit them.

No Linking. We do not intentionally link browsing information or information from our OpenID server logs to the personal information you submit to us. We use this information for internal purposes only, such as to help understand how the Websites are being used, to improve our Websites and the features we provide, and for systems administration purposes. CC may use a third party analytics provider to help us collect and analyze non personal browsing information through operation of our Websites for those same purposes; however, we will never use a third party analytics provider to collect or analyze any information through our operations as an OpenID service provider.

No Selling or Sharing. Except in the unique situations identified in this Privacy Policy, Creative Commons does not sell or otherwise voluntarily provide the non personal browsing information we collect about you or your website usage to third parties.

No Access. As an OpenID service provider, CC could technically access your web-based account tied to our OpenID service, and could log in on behalf of any of its OpenID users to any of the accounts they have accessed using their Creative Commons OpenID. Creative Commons will never use this technical login ability for any purpose unless otherwise required by law.

No Retention. CC discards non personal browsing information from our OpenID server logs once we have used the information for the limited purposes noted above, under “No Linking.”

Notice. If Creative Commons is required to provide a third party with your non personal browsing information or to log in on behalf of an OpenID user (whether by subpoena or otherwise), then CC will use reasonable means to notify you promptly of that event, unless CC is prohibited by law from doing so or is otherwise advised not to notify you on the advice of legal counsel.

Any other non-personal information that we collect which is not described specifically in this Privacy Policy will only be collected and used in accordance with the Principles.

Reorganization or Spin-Offs

Creative Commons may transfer some or all of your personal and/or non personal browsing information to a third party as a result of a reorganization, spin-off or similar transaction. Upon such transfer, the acquirer’s privacy policy will apply. In such event, Creative Commons will use reasonable efforts to notify you and to ensure that at the time of the transaction the acquirer’s privacy policy complies with the Principles.

Children

The Websites are not directed at children under the age of 13. Consistent with the federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personal information from anyone under the age of 13 without requiring parental consent. Our Master Terms of Use specifically prohibit anyone using our Websites from submitting any personally identifiable information about persons under 13 years of age. Any person who provides their personal information to CC through the Websites represents that they are 13 years of age or older.

Third-Party Sites

The Websites may include links to other websites. You should consult the respective privacy policies of these third-party sites. This Privacy Policy does not apply to, and we cannot control the activities of, such other websites.

Special Note to International Users

The Websites are hosted in the United States. If you are accessing the Websites from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use and disclosure that differ from United States laws, please note that you are transferring your personal data to the United States which does not have the same data protection laws as the EU and other regions. By providing your personal data you consent to:

  • the use of your personal data for the uses identified above in accordance with the Privacy Policy; and
  • the transfer of your personal data to the United States as indicated above.

Changes and Updates to this Privacy Policy

We may occasionally update this Privacy Policy. When we do, we will also revise the Effective Date below. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the personal information we collect. Your continued use of the Websites constitutes your agreement to this Privacy Policy and any updates.

Questions?

If you have questions about this Privacy Policy, please contact us by email at legal@creativecommons.org.

Effective Date: July 23, 2009 (Prior Privacy Policy)

#####EOF##### RDFa - Creative Commons

RDFa

From Creative Commons
Jump to: navigation, search

RDFa is a way of expressing RDF in XHTML. Creative Commons uses RDFa to express license and other information about works for the semantic web. When you select a license in our license chooser, you are given a snippet of HTML that contains RDFa. Sites like Thingiverse have implemented RDFa across their platform so that every object uploaded expresses semantic information about itself to machines.

By using RDFa, Creative Commons is helping build the semantic web. Here are some frequently asked questions which can help you understand RDFa and the semantic web.

What is the point of the semantic web?

Traditionally, machines have had a very poor understanding of what humans are actually talking about when they create content. Computers may understand that a file is a text file or another file is an image file, but they typically don't understand what knowledge, or semantics, are expressed inside that file. This has been remedied to some extent by metadata such as tags or EXIF data.

But to a machine, the web is merely a heap of human-readable-data that needs to be classified by seemingly arbitrary rules. Google and other search engines have engineered meaning out of how humans create HTML documents. By interpreting a link expressed in HTML as a semantically meaningful "vote" for another page, Google can accurately value and rank all linked pages on the web.

While incoming links are good semantic indicators of value (or popularity) of a page, web pages should be able to express much more sophisticated statements to machines. Currently, web pages only express sophisticated statements to humans, but this can change.

Furthermore, humans should have the ability to query these knowledge statements in sophisticated ways. Just think if you could ask a question to Google about how many US presidents were born in Kentucky and receive an answer not because Google had somehow magically interpreted what you meant, but simply because Google maintained a database of statements about presidents and Kentucky that was trivially easy to query?

The vision behind the semantic web is that storing and retrieving information on the web should not require machines parsing human language but rather machines parsing machine language. The web has the potential to offer massive amounts of structured information in conjunction with the massive amounts of unstructured information that already exists and if we are careful to create the proper standards and platforms that can render these statements, then the semantic web will become a reality.

What is RDF?

RDF stands for "Resource Description Framework" which is not a particularly informative acronym. Put simply, RDF is the way information is expressed semantically on the web. RDF is constituted by triples which are subject-predicate-objects statements. This lets machines understand human knowledge statements. When many triples are aggregated they are stored in what's called a "triple store." By querying a triple store, we can learn information that might otherwise be hard to gather by just browsing the web with our eyes. As the semantic web evolves, it will become easier to query triple stores using natural language, and hopefully, discover things we wouldn't have ordinarily.

What is an RDF triple?

An RDF triple can formed from any semantically meaningful statement. Here are some examples:

<This website> <has> <a wiki>.
<That photo> <is licensed under> <a Creative Commons Attribution license>.

Depending on the format chosen, RDF triples can live inside an XML or XHTML file.

What is RDFa?

RDFa is a way of expressing RDF triples inside XHTML pages using span tags.

This makes it much easier for people to casually express semantic information in conjunction with a normal web page. While there are many ways to express RDF (such as in serialized XML files that live next to standard web pages), RDFa helps machines and humans read exactly the same content.

Why does CC use RDFa?

Creative Commons licenses are expressed in three different formats: the human readable license deed, the lawyer readable legal code, and the machine readable code. RDFa is one of the ways in which we've chosen to make our licenses machine readable. By using RDFa CC licensed objects can be discovered by search engines and auto-discovery mechanisms without the need for a human to hand-curate content directories or lists.

Moreover, by using RDFa CC has made our licenses and their meta data compatible with a larger movement towards the open standard of a semantic web.

How does CC use RDFa?

When creators fill out the "Additional Information" section of our license chooser form, they are given a snippet of XHTML code that contains an image badge, a link to our license, some text, and some span tags. Inside these span tags, RDFa is expressed.

Let's take a look at some example code to learn more about RDFa:

<a rel="license" href="http://creativecommons.org/licenses/by/3.0/us/">
<img alt="Creative Commons License" style="border-width:0" 
src="http://i.creativecommons.org/l/by/3.0/us/88x31.png" /></a><br />
<span xmlns:dc="http://purl.org/dc/elements/1.1/" href="http://purl.org/dc/dcmitype/Text"
 property="dc:title" rel="dc:type">RDFa FAQ</span> by <a 
xmlns:cc="http://creativecommons.org/ns#" href="www.example.com" 
property="cc:attributionName" rel="cc:attributionURL">John Doe</a>
 is licensed under a <a rel="license" 
href="http://creativecommons.org/licenses/by/3.0/us/">Creative Commons 
Attribution 3.0 United States License</a>.<br />Based on a work at 
<a xmlns:dc="http://purl.org/dc/elements/1.1/" href="http://wiki.creativecommons.org/RDFa"
 rel="dc:source">wiki.creativecommons.org</a>.<br />
Permissions beyond the scope of this license may be available at <a
 xmlns:cc="http://creativecommons.org/ns#" href="http://moreperms" 
rel="cc:morePermissions">http://moreperms</a>.

Breaking Down RDFa

dc:title/dc:type

dc represents "Dublin Core" which is one of the oldest vocabularies or schemas on the semantic web. The full dublin core is available here. It allows one to express typical things like a work's title, or its date. Here you can CC using this to express the work's title which I've fictitiously named RDFa FAQ.

<span xmlns:dc="http://purl.org/dc/elements/1.1/" 
href="http://purl.org/dc/dcmitype/Text" property="dc:title" rel="dc:type">
RDFa FAQ</span>

CC is using a XML name-space abbreviation or "xmlns" for short. This enables CC to use shorthand to refer to the dublin core schema. Instead of having to repeatedly state a URL such as http://purl.org/dc/title to reference the title property, we can simply use dc: and achieve the same thing. This principle works across all RDF.

The dc:type references the Dublin Core definition for "Text" using the rel tag. Rel is used to specify the attribute's relationship to another resource. When rel is used inside a anchor tag, it is specifying that the document at the URL in the href attribute is of a particular relationship to the work. In this case that relationship is the Dublin Core "Type" attribute, and the href is the DC Text specification. Another document Type that could be specified with the href is http://purl.org/dc/dcmitype/StillImage or http://purl.org/dc/dcmitype/Sound, depending on the medium being licensed.

cc:attributionName/cc:attributionURL

In this case, CC is using its own XML namespace, abbreviated using cc:

<a xmlns:cc="http://creativecommons.org/ns#" 
href="http://www.example.com" property="cc:attributionName" 
rel="cc:attributionURL">John Doe</a>

Again, the property is CC's AttributionName attribute, the value is the content inside the anchor tag (in this case, the fictitious John Doe), and a relationship of cc:AttributionURL is defined as being http://www.example.com. <a rel="license" href="http://creativecommons.org/licenses/by/3.0/"><img alt="Creative Commons License" style="border-width:0" src="http://i.creativecommons.org/l/by/3.0/88x31.png" /></a>
This work is licensed under a <a rel="license" href="http://creativecommons.org/licenses/by/3.0/">Creative Commons Attribution 3.0 Unported License</a>.

dc:source

Similar to dc:title, dc:source specifies where the original source of the file is located.

Based on a work at <a xmlns:dc="http://purl.org/dc/elements/1.1/" 
href="http://wiki.creativecommons.org/RDFa" rel="dc:source">
wiki.creativecommons.org</a>

In this case it is pointing to this document.

cc:morePermissions

Finally, as part of the CC+ protocol, creators can specify a URL where re-users of CC licenses can obtain more rights to the work. Visit the CC+ page for more information and examples of CC+ in action. Here, the nonexistent URL of http://moreperms is used as a placeholder.

Permissions beyond the scope of this license may be available at <a
 xmlns:cc="http://creativecommons.org/ns#" href="http://moreperms" 
rel="cc:morePermissions">http://moreperms</a>.

CC Deeds using RDFa and Javascript

CC licenses scrape RDFa metadata from referring pages in order to create a "live" box on the Deed page that suggests how to attribute the work: Attribution box via RDFa and Javascript.png This will allow reusers to easily and properly attribute CC licensed works using RDFa.

What does it mean that RDFa is a W3C recommendation?

The World Wide Web Consortium agrees to recommend certain standards for helping the web run smoothly. One of those recommendations is that RDFa be used to expressed license information on the semantic web.

How do I use RDFa?

If you're a creator using CC licenses

Make sure to fill out the "Additional Information" box when selecting your license.

If you're a user of CC licensed works

Make sure to copy the attribution XHTML from the license deed if it is available. Otherwise, feel free to roll your own RDFa span tags.

I'm a developer, how do I implement RDFa into my platform?

Implementing RDFa into your platform shouldn't require much more work than implementing CC, it's merely a matter of adding a couple more print statements inside the RDFa framework detailed above. Just make sure you swap out John Doe's name with the user's name, and fill in the proper license URLs.

Content discovery

A key use case for RDFa is the annotation of resources included or embedded in web pages. Existing annotations apply to the current document. For example, http://example.com/foo contains

<a rel="license" href="http://creativecommons.org/licenses/by/3.0/">cc</a>

This says that http://example.com/foo is licensed under CC BY 3.0. What about http://example.com/bar.jpg which is displayed in http://example.com/foo via a <img src="/bar.jpg"> element?

To specify that bar.jpg is licensed, even under a different license, we can qualify the link with an about attribute:

<a about="/bar.jpg" rel="license" href="http://creativecommons.org/licenses/by-nc/3.0/">cc</a>

Found in http://example.com/foo this says http://example.com/bar.jpg is licensed under CC BY-NC 3.0.

See Qualifying Other Documents and Document Chunks in the RDFa primer for more examples.

The RDFa highlighter bookmarklet provides visual cues for statements about included resources.

The RDFa Triples Lister (for the Google Chrome browser) can help one identify the triples listed on a particular page.

CC Tools

RDFa is used or supported in the following CC tools:


References

Presentations

Retrieved from "https://wiki.creativecommons.org/index.php?title=RDFa&oldid=93605"

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#####EOF##### Open data Archives - Creative Commons
Creative Commons > Blog > Open data

Open data

European Commission adopts CC BY and CC0 for sharing information

Last week the European Commission announced it has adopted CC BY 4.0 and CC0 to share published documents, including photos, videos, reports, peer-reviewed studies, and data. The Commission joins other public institutions around the world that use standard, legally interoperable tools like Creative Commons licenses and public domain tools to share a wide range of … Read More “European Commission adopts CC BY and CC0 for sharing information”

Legal tools / licenses

European Commission forging ahead to boost public sector information and open science

  While the EU copyright reform teeters on the edge of turning into a complete disaster, last week the European Commission published a proposal for a revision of the Directive on the reuse of public sector information (PSI Directive), and a recommendation on access to and preservation of scientific information. Both of these documents are … Read More “European Commission forging ahead to boost public sector information and open science”

Open access
United States Capitol Building

U.S. Pushes Closer To Making Government Data Open By Default

The Open, Public, Electronic, and Necessary Government Data Act (OPEN Government Data Act) has passed the U.S. House of Representatives. The bill’s text was included as Title II in the Foundations for Evidence-Based Policymaking Act (H.R. 4174). If ultimately enacted, the bill would require all government data to be made open by default: machine-readable and … Read More “U.S. Pushes Closer To Making Government Data Open By Default”

Open data

Global Coalition Pushes for Unrestricted Sharing of Scholarly Citation Data

This week a coalition of scholarly publishers, researchers, and nonprofit organizations launched the Initiative for Open Citations (I4OC), a project to promote the unrestricted open access to scholarly citation data. From the website: Citations are the links that knit together our scientific and cultural knowledge. They are primary data that provide both provenance and an … Read More “Global Coalition Pushes for Unrestricted Sharing of Scholarly Citation Data”

Open access

Open Practices and Policies for Research Data in the Marine Community

In March we hosted the second Institute for Open Leadership. In our summary of the event we mentioned that the Institute fellows would be taking turns to write about their open policy projects. This week’s post is from Alessandro Sarretta from the Institute of Marine Sciences (ISMAR), part of the Italian National Research Council. 2016 … Read More “Open Practices and Policies for Research Data in the Marine Community”

Open data

Open Access to Research Critical to Advance Progress Against Cancer

The National Cancer Moonshot Initiative seeks to make ten years of progress on cancer research in half that time, with a goal to end cancer in our lifetime. The project—led by U.S. Vice President Joe Biden—recently called for ideas to help shape the cancer research priorities for the Moonshot. They received over 1,600 comments and … Read More “Open Access to Research Critical to Advance Progress Against Cancer”

Open access
#####EOF##### Jurisdiction Database - Creative Commons

Jurisdiction Database

From Creative Commons
Jump to: navigation, search

The Jurisdiction Database is a dynamic resource containing information for Affiliates, scholars and others interested in CC's international community.

Research

The Database contains the full text of the Unported and the jurisdiction-specific 3.0 licenses, which you can query by a range of variables. The license texts have been structured according to tags or keywords. Query one or more ported licenses (and Unported) for tagged license sections. Visit the Jurisdiction Database Research page for more information on using the data contained in this database. Please note that Creative Commons is not beginning any new ports in preparation for the upgrade to version 4.0.

Jurisdictions

The CC Affiliate Network consists of 100+ affiliates working in over 70 jurisdictions to support and promote CC activities around the world. Members of the Affiliate Network have formal agreements with Creative Commons. Enthusiasm for Creative Commons does not require a formal Affiliate Team. Creative Commoners around the world conduct events and share the news about CC without a formal relationship to Creative Commons. The flags below cover all jurisdictions included in the Jurisdiction Database, both members of the Affiliate Network and those who do not have formal agreements with CC. Click on the flags below to learn more about CC enthusiasts in these jurisdictions.

For more information on what it means to be a formal Affiliate, please see our Affiliates wiki page and our Introduction document.


Contributing to the Database

The Jurisdiction Database contains information on the Unported license and each Creative Commons affiliate jurisdiction (e.g. Germany, Estonia).

On these pages you have the opportunity to add or edit data about the jurisdiction, or data about the jurisdiction's 3.0 license porting process.

On each page, you can choose to edit the page directly as with a normal wiki page or edit via the "edit with form" link at the top of the page. This form will allow you to input information into labeled boxes and is suggested at least for edits to the sidebar.

The structure of pages follows this schema: <Jurisdiction>/3.0/<License>


Disclaimer

This website provides information about legal topics and information on Creative Commons licenses. It is based on the work of Creative Commons and our Creative Commons Affiliate Teams. Nothing on this website is intended to be used as legal advice. Creative Commons and Creative Commons Affiliate Teams are not law firms and do not provide legal services. Using the Websites or Services or sending us an email does not create an attorney-client relationship. Creative Commons and Creative Commons Affiliate Teams provide this information on an "as-is" basis. Creative Commons makes no warranties regarding any information provided on this website and disclaims liability for damages resulting from their use.

Retrieved from "https://wiki.creativecommons.org/index.php?title=Jurisdiction_Database&oldid=113933"

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#####EOF##### Creative Commons Labs

Creative Commons Labs

Website of the Creative Commons tech team.

Welcome to the new look CC labs website.

This site is in Jekyll, and you can fork it on GitHub, or send improvements and fixes.

Want to contact us? Click here!

Rob Myers, Software Developer, Creative Commons

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#####EOF##### Version 3 - Creative Commons

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Creative Commons Version 3.0 Licenses — A Brief Explanation

by Mia Garlick, General Counsel Creative Commons

Since April 2005, Creative Commons has been working on versioning up its core licensing suite. The Creative Commons licenses (For an overview of the licenses, see: [1]) serve as an important vehicle by which many millions of creators clearly signal to the world that they are happy for members of the public to engage in some of the exciting new uses of content that are made possible by digital technologies. Using a CC license, an artist can, for example, invite the public to share their work or mash it up (on certain conditions).

A distinctive feature of CC’s licensing infrastructure is ensuring that it is comprehensible to both humans (the Commons Deed) and machines (the metadata) as well as enforceable in a court of law (the Legal Code, which is the actual license). But another important aspect of the CC licensing system is to ensure that it respected by the community of people who apply our licenses to their content, who use CC-licensed content and who are committed to enabling free culture.

Creative Commons regularly invites and receives feedback about its licenses and how they may be able to be improved to better serve the people who use them and who use CC-licensed content. Obviously, all things can be improved with the benefit of hindsight and experience; also, the environment within which CC licenses are used is always changing. When CC first released its licenses, for example, the use of video and video-sharing sites had not yet been deployed, let alone used to the extent they are today.

We released version 1.0 of our licenses in December 2002 (See CC Weblog, Creative Commons Launches, December 15, 2002, [2]). Like software releases, we track the different licenses by version. In May 2004, we versioned to 2.0 (See CC Weblog, Announcing (and explaining) our new 2.0 licenses, May 25, 2004, [3]) and then made a minor tweak to the attribution clause in June 2005 (See CC Weblog, Comments Period Drawing to a Close for Draft License Version 2.5, May 29, 2006, [4]) and versioned to 2.5. Now, CC is versioning to 3.0. We announced a timetable for versioning to 3.0 back in May 2006 (See Mia Garlick, ‘Getting to Version 3.0,’ May 17, 2006, [5]); and we have followed the consultation process in the timetable even though the schedule itself has been considerably delayed while we take account of all of the different interest groups that are relevant to CC licenses.

Background to Version 3.0

The process of versioning to 3.0 began back around April 2005 as part of discussions with Debian [6] and the Massachusetts Institute of Technology (MIT) [7] about ways to improve the clarity of our licenses. Although discussions with Debian and MIT initiated consideration of a new license version, ultimately, version 3.0 grew to be about much more than these two projects — it focused on internationalizing the “generic” license and international harmonization of the CC licenses. Additionally, it expanded to encompass Creative Commons' long-held vision [8] of establishing a compatibility structure to allow interoperability between different flexible content copyright licenses.

Debian

As you may know, Debian describes itself as “an association of individuals who have made common cause to create a free operating system” [9] and the volunteer group has worked together to create an operating system called Debian GNU/Linux. The project and all developers working on the project adhere to the Debian Social Contract [10]. The Debian Free Software Guidelines (DSFG) [11] form part of the Debian Social Contract and define the criteria for “free software” and so what software is permissible in the distribution.

One part of the Debian community is debian-legal [12] — a mailing list whose members provide “guidance for the Debian project on, among other things, the acceptability of software and other content for inclusion in the Debian operating system.” [13] They work primarily involves reviewing software against the DFSG to determine if the packages constitute “free software” per the DFSG. Contributors to the Debian project can then take these determination into account when making decisions about what to include in individual packages.

From time to time the debian-legal list provides a review of a well-known software license to express a rough consensus opinion on whether software released solely under the license would satisfy the definition of “free software” according to the DSFG. Although these summaries are not binding, they do provide some basis for the Debian project to make decisions about individual packages. Although debian-legal work primarily in reviewing software programs and Creative Commons licenses are not designed for software, debian-legal notes that the:

“Creative Commons licenses are still of interest to the Debian project. Debian includes documentation for programs, and many programs included in Debian use digital data such as images, sounds, video, or text that are included with the programs in Debian.” (Id.)

Consequently, debian-legal reviewed the CC licenses and concluded that none of the Creative Commons core licensees were free according to the DFSG and recommended that works released under these license “should not be included in Debian.” (Id.)

It is clear that the licenses that contain a NonCommercial or a NoDerivatives restriction (e.g. Attribution-NonCommercial, Attribution-NonCommercial-ShareAlike, Attribution-NoDerivatives, Attribution-NonCommercial-NoDerivatives ) will never be able to comply with the DFSG because these violate basic principles articulate in the DSFG — specifically, DSFG 1 which requires that a licensee be able to sell copies of the work, DSFG 3 which requires a license to permit the making of derivative works and DSFG 6 which proscribes discrimination against any field of endeavor.

DRM

But this should still leave the CC Attribution and Attribution-ShareAlike licenses as DSFG-compliant. On reviewing debian-legal’s issues with these licenses, it seemed clear to Creative Commons that, for the most part, minor amendments and clarifications to the licenses should be able to address debian-legal’s concerns. (For an outline of these concerns, see [14]) One topic, however, that was not minor and proved to be much debated as part of the version 3.0 license discussions was the anti-TPM clause in the CC licenses; TPM being technological protection measures such as encryption which have received legal protection in many jurisdictions around the world, which make it a civil (and sometimes) a criminal offence to circumvent these measures.

The Creative Commons licenses prohibit a licensee applying a TPM to a licensed work that restricts the rights granted under the license. (See e.g., clause 4(a) “You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement.” of the CC Attribution license ([15])) In essence, this clause is intended to ensure that a person cannot exercise the freedoms granted by a CC license to apply technologies that restrict those freedoms for others.

In Debian’s view, this prohibition violates DSFG #1 because it prevents a licensee from being able to distribute works in the format of their choice. The consequence of this is that CC-licensed content cannot, for example, be included by a licensee in a Sony Playstation game or other platforms that exist on TPM.

An important thing to note, however, is that this limitation only applied to CC licensees. CC licensors are of course free to license their works on a Sony or other TPM-ed platform whilst also CC licensing it. One example of this is the Beastie Boys track ‘Now Get Busy’ that appeared on the WIRED CD under a CC Sampling license [16] but was then also made available on iTunes [17].

To avoid interfering with the freedom of the licensed content and allowing a licensee to lock up the content on a TPM-ed platform, Debian proposed that CC’s so-called “anti-TPM” provision to allow a licensee to distribute the CC-licensed work in any format, including a TPM-ed format, provided that the license distributed the work in at least one format that did not restrict another person’s exercise of rights under the license. This proposal became known as the “parallel distribution” proposal.

Creative Commons initially agreed to include the parallel distribution proposal as part of the discussion draft for the Version 3.0 amendments. The rationale for this initial acceptance was that it could accommodate the objectives of the anti-TPM clause (being free culture) whilst also addressing Debian’s concerns that people be free to create works for distribution on TPM-ed platforms.

The parallel distribution proposal did not, however, survive discussions with the Creative Commons International affiliates [18]. The affiliates are responsible for “porting” the CC licenses to their local jurisdiction (discussed in greater detail below) and for fielding a wide range of questions about CC licenses and their implementation in various projects throughout the world. Based on their experience with the diverse communities that use and rely on CC licenses and explaining the licenses to different constituencies, the CCi affiliates were strongly opposed to the introduction of a parallel distribution scenario for various reasons, including: (1) the lack of demonstrated use cases showing a strong need among CC licensees for this kind of an exception to the existing “anti-TPM” language; (2) risks of unduly complicating the licenses which defeats alot of the purpose of CC licenses, namely to be simple and easy to use and to understand; and, (3) the strong opposition to technological protection measures in general by many in the CC community.

CC did, however, include the parallel distribution proposal as part of the public license discussions when those were launched in August 2006 (See Mia Garlick, Version 3.0 – Public Discussion, August 9, 2006, [19]) so that the community on those lists could debate the merits of the proposal.

The discussions about the parallel distribution proposal on the cc-licenses email list were very intense. Various participants argued in favor of the parallel distribution amendment on the grounds that the “anti-TPM” clause violated DSFG #1 and achieved little, if anything. Taking the advantage of a Sony Playstation again, if CC-licensed content cannot be included in games for the PS2 platform, the CC licensee is restricted in what they can do with the content, the PS2 gamer cannot play a game with CC-licensed content and Sony are unlikely to notice the absence of this content and will continue along as business as usual with a TPM-ed platform, irrespective of any anti-TPM ban in the CC licenses.

When asked about the extent to which there was a demonstrated need by developers (as licensees) to be able to utilize CC-licensed content in TPM-ed environments, advocates of the parallel distribution amendment argued that it was better to address the problem before a need arose.

However, the overall tenor of the cc-licenses list discussions tended not to favor adoption of the parallel distribution proposal. There was concern that if parallel distribution were permitted in the CC licenses this would reinforce, if not expand, a platform monopoly enjoyed by a TPM-ed platform that only allows the playing of TPM-ed content (See Greg London, Re:Subject: Version 3.0 – List Discussion Responses, September 28, 2006, [20]; see also, Terry Hancock, Debian and Creative Commons, October 18, 2006, at [21]). Other concerns were voiced that the non-TPMed copy may not be able to played as well as the TPM-ed copy and, generally, that the community was not in favor of supporting a TPM option at this stage (For an overview of the discussions, see the discussion archives for August [22], September [23] and October [24].)

Whether Debian now declare the CC Attribution and Attribution-ShareAlike licenses to be free according to the DSFG or not — given all negotiated amendments are included in version 3.0 with the exception of the parallel distribution provision — remains an open question.

Certainly, Debian voted (See ‘General Resolution: Why the GNU Free Documentation License is not suitable for Debian main, [25]). earlier in 2006 to allow works licensed under the Free Documentation License to be used in Debian projects. The vote specifically says that the anti-TPM clause in the FDL does not render the FDL incompatible with the DSFG. However, it is not clear whether this treatment is an exception or will also enable the CC Attribution and Attribution-ShareAlike license to also be held to be compatible with the DSFG.

MIT

With MIT, their OpenCourseWare (OCW) project [26] was initially launched in September 2002 prior to the formal release of the Creative Commons core licensing suite in December 2002 and thus, used an early version of the Attribution-NonCommercial-ShareAlike license. “OpenCourseWare” is the free and open digital publication of high quality educational materials, organized as courses. Flexible licenses such as Creative Commons licenses are key to enabling the openness of these materials.

MIT’s OpenCourseWare project has initiated a global opencourseware movement. Most recently, the OpenCourseWare Consortium [27] has been formed which involves the collaboration of more than 100 higher education institutions and associated organizations from around the world — including China, France, Japan, the UK, the USA and Vietnam — who are committed to creating a broad and deep body of open educational content using a shared model.

Given CC licenses have improved over time, both CC and MIT wanted to work together to address any issues MIT had about the CC licenses so that MIT could switch over to a more recent version of the CC BY-NC-SA license. However, a key concern for MIT, given its illustrious reputation, is to ensure that when people translate and locally adapt MIT content under the terms of the BY-NC-SA license, they make it clear that they are doing so under the terms of the license and not as a result of a special relationship between MIT and that person — essentially, a “No Endorsement” clause.

Given “No Endorsement” clauses are a standard feature of free and open source software, CC felt that it would be easy issue to make this express in the CC licenses. In CC’s view, a licensee should not interpret the attribution requirement of the CC licenses as a basis (whether intentionally or not) to misrepresent the nature of the relationship with the licensor. Certainly, in most jurisdictions laws other than copyright law will proscribe this misconduct by a licensee. But CC agreed with MIT that it was useful to make this express in the license — both to give the licensor comfort and to ensure that the licensee was under no misapprehensions.

This feedback from both Debian and MIT was the impetus for CC commencing the version 3.0 process. However, as many projects do — versioning to 3.0 rapidly developed to encompass new and additional issues. These issues can effectively be described as further internationalization and international harmonization of the CC licenses

Further Internationalization

When CC’s core licensing suite was first released in December 2002, the licenses were drafted based on US copyright law and referred to as the “generic” license because the license did not identify a specific jurisdiction or governing law to apply to the interpretation of the license. Towards the end of 2003, Creative Commons launched its license internationalization project [28], which involves the “porting” of the generic licenses to different jurisdictions around the world.

Since this project started, the CC core licenses have been “ported” to over 45 jurisdictions around the world to countries as diverse as Argentina, Australia, Brazil, Croatia, China, France, Italy, Japan, Malaysia, Mexico, South Africa and South Korea. (Id.)

While the internationalization has taken off far beyond Creative Commons’ expectations and has demonstrated the amazing energy around the globe for a more flexible and permissive copyright licensing approach, two issues arose.

The first is that as Creative Commons’ license internationalization project continued to grow, the “generic” license and the US license were one and the same. For the casual visitor to the CC International page (Id.), it seemed that the licenses had not been “ported” to the US, when in fact they had started out there. The challenge becomes though — if CC recognizes a specific US license, on what law should the “generic” license be based?

The approach Creative Commons adopted to respond this issue required further internationalization of our licenses. We decided to spin off the “generic” license to be a US license and recraft the “generic” license to have it utilize the language of the international intellectual property treaties, in place of the language of US copyright law.

The new license relies on the language of the Berne Convention for the Protection of Literary and Artistic Works [29], the Rome Convention of 1961 [30], the WIPO Copyright Treaty of 1996 [31], the WIPO Performances and Phonograms Treaty of 1996 [32] and the Universal Copyright Convention [33]. Because treaties are matters of international agreement between countries and, as a general rule, require adoption into national law to be effective in a particular country, simply basing the license wording on these treaties is not, of itself, sufficient. Consequently, clause 8(f) of the new generic specifically provides that the license takes effect according to the corresponding provisions of the implementation of those treaty provisions in the applicable national law.

To reflect the nature of the new “generic” license we also decided to change its name to “unported.” This description is intended to highlight the different nature of the new generic license and to utilize the “porting” terminology that Creative Commons has been using in its license internationalization project since its launch in 2003 to more clearly illustrate the nature of the license that has not been adapted for a local jurisdiction.

The result of this further internationalization is that CC will now offer both an “unported” license and a US license, in addition to the 45-plus ported licenses; the unported license can be selected by those creators to whose jurisdiction CC has not yet ported a license.

International Harmonization – Moral Rights

The second more major issue that arose through the porting process was that different jurisdictions had different approaches to issues relating to moral rights and collecting societies.

Moral rights, to describe them briefly, are author’s right that are distinct from the economic copyright that can be bought and sold (See generally, [34]). Moral rights recognize an author’s personal attachment to their creativity and seek to protect that connection.

While there can be many different moral rights depending on the jurisdiction, the two main ones that are consistently present in most countries around the globe are the moral right of attribution and the moral right of integrity (See Article 6bis of the Berne Convention (as amended September 1979) [35]). Obviously, since attribution became a default CC license characteristic with version 2.0 there is less of an issue regarding the moral right of attribution.

However, the moral right of integrity presents a more complex issue for Creative Commons licenses. CC licenses are intended to enable and promote reuse of creative content, particularly the making of derivative works. And those copyright owners who use CC licenses have acknowledged this with over two-thirds of CC licensors consistently choosing to allow derivative works.

But the moral right of integrity, as a general rule, gives the author of a creative work the right to object to alterations or mutilations of the work that are prejudicial to their reputation or honor. Obviously, this has potential to impact the freedom to exercise the right to make derivatives — a derivative will likely always qualify as an alteration of the original work and there may be some instances where it is arguable that it is prejudicial to the original author’s reputation or honor.

Obviously, the first generic version 1.0 license suite released in December 2002 did not mention moral rights because it was based on US copyright law and US copyright law only grants very limited moral rights to works of fine art. However, as the CC licenses began the porting process to other countries, it became necessary for CC licenses to address the moral right of integrity.

To do so, the Creative Commons licenses, with one exception, have taken the approach of not interfering with the author’s moral right of integrity in those jurisdictions that recognize this right.

The one exception is in Canada where the moral right of integrity is waivable. Because Canada was one of the first ten countries to port the CC licenses and one of the first (if not the only) to have a waivable moral right of integrity, on advice of our local affiliate, the CC Canada licenses choose to waive the right of integrity in order to ensure that the licensor’s intention in choosing to permit derivative works was not compromised. However, in all other CC licenses for jurisdictions that recognize the moral right of integrity, the right was retained albeit in different forms; again, on advice from local affiliates.

For example, in most European jurisdictions, the right was expressly retained in the Legal Code because of the strong level of protection for the right in these jurisdictions, as evidenced by the fact that courts would take a dim view of a license that did not expressly include it. In most Latin American jurisdictions, the license was not expressly retained in the Legal Code on the rationale that courts would read it in the license. In Japan, the moral right of integrity was retained in those licenses that prohibited derivative works but not fully retained in those licenses that permit derivative works. The local CC Japan team recommended this approach because the moral right of integrity can be interpreted so broadly as to render any change or alteration to the original work a violation of the right.

Although there is overall consistency in the treatment of the moral right of integrity at the Legal Code level (with the exception of Canada) among the CC licenses, now that the licenses have been ported to over 30 jurisdictions, we felt that it was time to harmonize the approach to this issue at both the Legal Code level and the Commons Deed level. The different approaches towards recognizing the right of integrity in the CC licenses arose because, as CC engaged in the novel process of license porting, we became familiar with the different treatment of this right in different jurisdictions. With the benefit of experience with more than 30 different treatments, CC now felt comfortable to adopt a unified approach.

As a consequence, as part of version 3.0 all CC licenses for jurisdictions that recognize the moral right of integrity will expressly retain that right in the Legal Code to the extent that this is feasible given the status of derivative works under the license. In those jurisdictions in which retention of the moral right of integrity may be completely block exercise of the derivative works right (ie. in Japan) the right will be tempered to the extent necessary to enable the exercise of the derivative works right in a manner intended by the licensor.

In addition, because of the importance of the moral right of integrity in protecting both the author’s rights and for its impact on the derivative works right, from version 3.0 the CC Commons Deeds will clearly state that the author retains their moral rights.

International Harmonization — Collecting Societies

Collecting societies are organizations that are established either by private agreements between copyright owners or by copyright law (See generally, [36]). Societies license works and process royalty payments from various individuals and groups who use copyrighted works either as part of a statutory scheme (compulsory schemes) or by entering into an agreement with the copyright owner to represent the owners interests when dealing with licensees and potential licensees (voluntary schemes). The rationale underlying societies is that it is more efficient and effective for copyright holders to be represented collectively in negotiating and levying license fees.

CC licenses also contained different treatments of whether and how a licensor can collect royalties via collecting societies because of the differences in the status of collecting societies amongst different jurisdictions.

In the United States, where the CC licenses originated, an artist can be a member of a collecting society and use CC licenses for those of their works that suit them. This is because of the rigorous enforcement of antitrust laws in the US during the early 20th century that requires that US collecting societies take a non-exclusive license from artists. This allows artists to then engage in direct licensing, including via CC licenses, to their fans and others who wish to share and remix their music.

Consequently, in the original CC licenses language was introduced into the licenses as part of version 2.0 to clarify what was considered to be the obvious interaction between CC licenses and collecting society membership. This initial approach stated that under those licenses that permitted commercial use (Attribution, Attribution-NoDerivatives and Attribution-ShareAlike) the licensor waived the right to collect both compulsory and voluntary royalties. Under those licenses that permitted noncommercial use only, the licensor reserved the right to collect royalties for any uses that were commercial in nature but otherwise authorized royalty-free noncommercial use of the work under the CC license. This approach reflected the fact that by choosing to apply a CC license to their work, a CC licensor clearly intends to permit “free” (as in both price and freedom) uses under the terms of the applicable CC license.

However, the situation regarding collecting society membership in many other jurisdictions around the world is remarkably different to the US position. Elsewhere, collecting societies take either an assignment of copyright ownership or an exclusive license to a work of the rights that they represent (which tends to include all of the works an artist creates). This means, for the most part, that an artist cannot directly license their works online, including via CC licenses. The consequence of this is that artists who use CC licenses cannot receive voluntary royalties collected by a society because they are not able to become a member of the society.

Thus, the treatment of collecting society royalties in the CC licenses differed according to the jurisdiction — in many jurisdictions the collection of voluntary royalties was not mentioned so as not to give any misleading impression that membership of a collecting society was possible for a CC licensor. In addition, many CC licenses retained the right to collect compulsory royalties in all licenses, both those that permitted commercial use and those that permit noncommercial use only, because of the advice of local affiliates that local law would not permit the waiver of such a right.

In version 3.0, after the benefit of seeing the different permutations of collecting society membership in over 30 countries and having had a dedicated team working on the issue of the interaction of CC licenses and collecting society membership for more than a year, CC has decided to harmonize the treatment of collecting societies in the CC licenses.

The harmonized approach still allows different jurisdictions to adopt an approach towards collective royalty collection that suits their jurisdiction but ensures that this is consistently applied across jurisdictions. Specifically, as regards compulsory royalty collection, the licensor will reserve the right to collect these royalties in those jurisdictions in which this cannot be waived. In those jurisdictions in compulsory royalty collection can be waived, it will be waived completely for those licenses that permit commercial use and reserved only for commercial uses in those licenses that permit noncommercial use only.

For voluntary royalties, the licensor will reserve the right to collect this “in the event that they are a member of a collecting society” that collects such royalties. This then allows for those jurisdictions in which an artist can be a member of a collecting society and use CC licenses. It also allows for flexibility for those artists who are members of collecting societies and use CC licenses anyway or if in future collecting society membership structures do allow some use of CC licenses, to also enjoy the benefits of their membership if their collecting society moves towards being able to collect for commercial uses of CC-licensed works.

BY-SA — Compatibility Structure Introduced

A final change incorporated into Version 3.0 is that the CC BY-SA 3.0 licenses now include a compatibility structure that will enable CC to certify particular licenses, stewarded by other organizations similarly committed to promoting a freer culture, as being compatible with the CC BY-SA. Once certified as compatible [37], licensees of both the BY-SA 3.0 and the certified CC compatible license will be able to relicense derivatives under either license (eg., under either the BY-SA or the certified CC compatible license).

Creative Commons CEO Lawrence Lessig first outlined the vision of allowing an ecology of flexible content licenses to flourish in November 2005 (See CC in Review: Lawrence Lessig on Compatibility, [38]). As Lessig explained:

"Even if all the creative work you want to remix is licensed under a copyleft license, because those licenses are different licenses, you can’t take creative work from one, and remix it in another. Wikipedia, for example, is licensed under the FDL. It requires derivatives be licensed under the FDL only. And the same is true of the Creative Commons Attribution-ShareAlike license that governs Opsound content, as well as much of the creativity within Flickr. All of these licenses were written without regard to the fundamental value of every significant advance in the digital age — interoperability."

This incompatibility also serves as a barrier to dual licensing works under the FDL and CC BY-SA (See Evan Prodromou, Derivatives of dual-licensed Creative Commons Attribution-ShareAlike and GFDL works, May 3, 2005 [39]).

Simply put, the problem is that any license with a "ShareAlike" or similar copyleft provision requires that any derivatives be licensed under exactly the same license (or family of licenses) as the original. This means that an article about Rio de Janeiro on Wikipedia [40] (which is currently licensed under the FDL) cannot be mixed with an article about Rio on Wikitravel [41] (which is currently licensed under the CC BY-SA 1.0). Even if a project were dual licensed, none of the derivatives of the project could be returned back to the dual-licensed project (because they must be licensed under one or the other license), thus causing "project bleed." The result of the ShareAlike or "copyleft" license terms is seemingly antithetical to the very purpose of the licenses that contain them. Content, rather than being "free" to remix, is instead locked within particular licensing systems.

Consequently, CC has been working to ensure that, to again quote Lessig:

"[C]reative work[s] will more easily be able to move from one license to another, as creativity is remixed. And this ability for creative work to move to compatible free licenses will provide a market signal about which licenses are deemed more stable, or reliable, by the free licensing community. Free culture will no longer be ghettoized within a particular free license. It will instead be able to move among all relevantly compatible licenses. And the world of “autistic freedom” that governs much of the free software world will be avoided in the free culture world."

There are several obvious candidates for compatibility with the CC BY-SA. The Free Art License [42] and the Free Software Foundation's Free Documentation License (FDL) [43].

Creative Commons' initial work has focused on achieving compatibility with the FDL. As part of this work, CC explored the possibility of introducing one-way compatibility with the FDL. (See Discussion Draft — Proposed License Amendment to Avoid Content Ghettos in the Commons [44]), which generated some discussion. CC then responded to some of the concerns raised by this discussion [45] but ultimately concluded that one-way comaptibility with the FDL was not possible because CC licensors could not be guaranteed the same protections under the FDL that they enjoyed under the CC BY-SA.

Despite the inability to implement one-way compatibility with the FDL, Creative Commons is still hopeful of being able to announce licenses that effect the same freedoms as the CC BY-SA to be compatible with the CC BY-SA at some date in the future. To allow the compatibility negotiations to occur separate and apart from the timing of the license versioning process, we have included a structure for certifying licenses as compatible with CC BY-SA as part of Version 3.0 (See Version 3.0 — It's Happening & With BY-SA Compatibility Language Too [46]).

Summary of Links

The following list provides the CC blog posts that relate to Version 3.0:

  • Getting to Version 3.0 [47]
  • Version 3.0 — Public Discussion Launched [48]
  • Version 3.0 — Revised License Drafts [49]
  • Version 3.0 — It's Happening & With BY-SA Compatibility Language Too [50]
  • Version 3.0 — Launched [51]
  • Versioning to 3.0 - Legal Leads versioning to 3.0. Includes checklist, working document, sui generis database rights document, and CS document
Retrieved from "https://wiki.creativecommons.org/index.php?title=Version_3&oldid=95506"

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Na następujących warunkach:

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  • Brak dodatkowych ograniczeń — Nie możesz korzystać ze środków prawnych lub technologicznych, które ograniczają innych w korzystaniu z utworu na warunkach określonych w licencji.

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License Versions

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This page identifies the principal improvements to the Creative Commons license suite since the publication of the first licenses (version 1.0) in December 2002, through the current version 4.0, published November 2013. It also highlights important similarities and differences among the major license versions. For more information on using CC tools or works offered under Creative Commons licenses, consult the Frequently Asked Questions page. For a further historical perspective, you are invited to review deprecated CC legal tools identified on the retired legal tools page.

Please note that the summaries below may not reflect all changes between license versions or fully or accurately describe the differences between them. CC cannot provide legal advice, and what follows is not legal advice. What follows below is a general description of differences and similarities between the license versions, for general informational purposes only. Consult your own attorney if you are in need of legal advice.

Contents

License Versioning History

The chart below presents the major license versions, launch dates, and blog posts announcing major public comment periods, the launch of each license suite, and improvements. It does not reference the unfinished version 3.x (3.01 or 3.5) licenses, which did not include active public consultation and were never published. Version 4.0 is the premier, recommended Creative Commons license suite.

License version [1] Release date Calls for public comment Launch announcement Explanation of changes from prior version
1.0 2002 Dec 16 Creative Commons Unveils Machine-Readable Copyright Licenses
2.0 2004 May 25 Versioning -- Public Review Begins Announcing (and explaining) our new 2.0 licenses Announcing (and explaining) our new 2.0 licenses
2.5 2005 June Tweaking CC's Standard Attribution Language -- An Invitation to Comment Comments Period Drawing to a close for Draft License Version 2.5
3.0 2007 Feb 23 Version 3.0 -- Public Discussion Launched Version 3.0 Launched Creative Commons Version 3.0 Licenses -- A Brief Explanation
4.0 2013 Nov 25 CC’s Next Generation Licenses — Welcome Version 4.0!
  1. ↑ Note that CC released a version 2.1 suite for jurisdictions like Spain, Australia, and Japan, whose localized ports of the 2.0 suite contained errors.

International License Development Process

Creative Commons develops, releases, and updates its public copyright licenses (and other legal tools) via an open and inclusive process of engagement with Creative Commons’ global network of attorneys and affiliates, as well as varied communities and constituents. The process culminates in the publication of the preferred, most up-to-date set of CC licenses for use around the world. Creative Commons released its latest version of the licenses in November 2013, the 4.0 international licenses.

The public license development process includes the publication of drafts, formal comment periods, and transparent decision-making. In recognition of its stewardship role, CC has also made public commitments about the development of its ShareAlike licenses: the Statement of Intent for Attribution-ShareAlike licenses following the publication of 3.0. After publication of 4.0, Creative Commons posted for public comment a continuation of that statement, but that has not been finalized for lack of demonstrated need or interest of the community.

While each version of licenses is drafted to conform with copyright law, the version 4.0 license suite includes significant improvements to ensure the licenses operate well internationally. Through extensive consultation with our global network of legal affiliates, the 4.0 international license suite is designed for use in jurisdictions around the world, without the need for localization beyond translation. CC has an established a policy for official translations of the 4.0 licenses as well as other legal tools.

Prior to version 4.0, Creative Commons granted permission to legal experts around the world to adapt (or “port”) the licenses where necessary to more fully align the text with the laws of different legal jurisdictions, and to translate the licenses to the local language(s). For the 4.0 suite, every effort has been made to avoid the need to port (though we will support official language translations). CC may consider requests to port the 4.0 suite in 2014, but only where a compelling need is demonstrated. If CC decides to consider requests, in no case will CC grant permission if the basis for doing so is to include a choice of law or if the change presented would otherwise alter the basic operation of the licenses. CC will post more information on the topic of porting in Q2 of 2014.

License Suite Versions

The chart below and linked explanations that follow detail some of the improvements and important similarities among Creative Commons license versions. Some of the explanations contain links to further information on the topic.

General license features

License Suite Version 1.0 2.0 2.5 3.0 4.0
All international (unported/generic) and ported licenses
Nomenclature (for unported licenses) Generic license Generic license Generic license International (unported) license International license
License scope (beyond copyright)
Express permission granted under sui generis database rights No No No EU ports only Yes
License conditions apply to sui generis database rights No Few ports only Few ports only No Yes
Treatment of moral rights Not addressed Not addressed Not addressed Varied Waived/not asserted
Trademark and patent explicitly reserved No No No No Yes
Other license features
Representations and warranties from licensor included Yes No No No No
Licensor expressly waives rights to enforce, and grants permission to circumvent, technological protection measures No No No No Yes
Automatic reinstatement after termination if violations corrected No No No No Yes, if corrected within 30 days
Express reservation of right by collecting society to collect royalty Not addressed Expressly waived where possible Expressly waived where possible Expressly waived where possible Expressly waived where possible
Element-specific features
Compatibility mechanism in BY-SA licenses same license only same license, later versions, or ports same license, later versions, or ports same license, later versions, ports, or CC-designated compatible licenses same license, later versions, CC-designated compatible licenses (including designated ports)
Compatibility mechanism in BY-NC-SA licenses No No No No Yes
Adaptations of SA material usable under conditions of adapter's license Yes (because adapter's license had to be same license) No No No Yes
Adaptations of NoDerivatives material permitted when not shared No No No No Yes

Attribution-specific elements

License Suite Version 1.0 2.0 2.5 3.0 4.0
Attribution reasonable to means, medium, and context Medium and means, with exceptions Medium and means, with exceptions Medium and means, with exceptions Medium and means, with exceptions Explicit
Reasonableness applies to all attribution requirements All but license notices All but license notices All but license notices All but license and copyright notices All
Licensors may name other attribution parties Implied Implied Implied Explicit Explicit
Licensors may request removal of attribution Adaptations and collections only Adaptations and collections only Adaptations and collections only Adaptations and collections only Always
Title of work required Yes Yes Yes Yes No
URI required No If contains copyright notice or licensing information If contains copyright notice or licensing information If contains copyright notice or licensing information Yes
"No endorsement" clause included No No No Yes Yes
Modifications must be indicated No No No Yes, but only adaptations Yes

Detailed attribution comparison chart

1.0 2.0 3.0 4.0
Author if supplied Author if supplied Author if supplied and attribution parties if designated in copyright notice, TOS, or other reasonable means Creator if supplied and attribution parties if designated in reasonable manner
Copyright notices if supplied Copyright notices if supplied Copyright notices if supplied Copyright notice if supplied
Title if supplied Title if supplied Title if supplied N/A
Notices that refer to Public License and the disclaimer of warranties if supplied Notices that refer to Public License and the disclaimer of warranties if supplied Notices that refer to Public License and the disclaimer of warranties if supplied Notice that refers to Public License and notice that refers to the disclaimer of warranties if supplied
N/A To the extent practicable, URI licensor specifies to be associated with the work (but only if references copyright notice or licensing info) To the extent practicable, URI licensor specifies to be associated with the work (but only if references copyright notice or licensing info) To the extent practicable, URI or link to the material if supplied
If adaptation, credit indicating Work has been used If adaptation, credit indicating Work has been used If adaptation, credit indicating Work has been used and reasonable steps taken to identify that changes were made to the original Indicate if you modified the material; retain an indication of previous modifications
Text/URI for Public License Text/URI for Public License Text/URI for Public License Indicate the material is available under Public License and include text/URI/link
If collection or adaptation, remove reference to author and licensor upon request to the extent practicable If collection or adaptation, remove reference to author and licensor upon request to the extent practicable If collection or adaptation, remove reference to author and licensor upon request to the extent practicable Remove attribution information upon request to the extent reasonably practicable
Copyright notice, author, title, credit noting use of original in adaptation – all may be implemented in any reasonable manner, so long as at least as prominent as other authorship credit if an adaptation or collection Copyright notice, author, title, URI, credit noting use of original in adaptation – all may be implemented in any reasonable manner, so long as at least as prominent as other authorship credit if an adaptation or collection Author, title, URI, credit noting use of original in adaptation -- all reasonable to medium and means All reasonable to medium, means, and context


Features remaining unchanged

License Features

Nomenclature (for international licenses)

The 4.0 licenses are referred to as "international."

Version 3.0 licenses were referred to as "unported" licenses until 2010, at which point they were re-branded as the "international" licenses. At that point, CC added a global flag to the licenses and deeds and changed the reference in the Chooser (among other things). In the 1.0, 2.0, and 2.5 versions, the international licenses were called the “generic” licenses. The generic licenses were drafted to conform with U.S. copyright law.

Starting with version 3.0, Creative Commons drafted its core suite of licenses to conform to relevant international treaties and drafting conventions. In this sense, version 3.0 and the current 4.0 international license suites are jurisdiction-agnostic: these licenses do not mention and are not drafted against any particular jurisdiction's laws or statutes. They are intended to function without adjustment in all jurisdictions around the world.

License scope (beyond copyright)

Sui generis database rights

The 4.0 international suite licenses database rights along with copyright. Where the use of a database under a CC license implicates sui generis database rights, whether or not copyright is implicated, that use is subject to the terms and conditions of the license. If sui generis rights are not implicated—for example, if the use is in a jurisdiction where these rights do not exist, or if the database is not protected by the laws of a jurisdiction where such rights exist— such uses are not regulated by the license if copyright or neighboring rights do not apply. A few early (2.0, 2.5) European jurisdiction license ports also licensed database rights subject to the terms and conditions of the license.

In 3.0, the international (unported) license suite does not mention sui generis rights. However, ported 3.0 licenses for jurisdictions where those rights exist address them according to CC's 3.0 database rights policy. Under this policy, version 3.0 EU jurisdiction ports must license sui generis rights subject to the terms and conditions of the license just like copyright and neighboring rights, but also must waive license restrictions and conditions (attribution, ShareAlike, etc) for uses triggering database rights—so that if the use of a database published under a CC license implicated only database rights but not copyright, the CC license requirements and prohibitions would not apply to that use. The license conditions and restrictions, however, continue to apply to all uses triggering copyright. Other ports and the 3.0 international license are silent on sui generis database rights: databases and data are licensed (i.e., subject to restrictions detailed in the license) to the extent copyrightable, and if data in the database or the database itself are not copyrightable the license restrictions do not apply to those parts (though they still apply to the remainder). Thus, regardless of the CC 3.0 license at play (unported, an EU port, another port), uses that implicate only database rights will not trigger the license conditions, while uses that implicate copyright will.

Neither the international nor the ported licenses that address database rights export the sui generis rights to jurisdictions where such rights are not recognized (the ported licenses accomplish this as well through inclusion of a territoriality limitation). This avoids the imposition of restrictions based on sui generis rights via contract where those rights are not enforceable or recognized. You may compare how different jurisdictions implemented this section of the license.

Treatment of moral rights

In version 4.0, moral rights are waived to the limited extent necessary to exercise the licensed rights.

While the existence and extent of moral rights differ by jurisdiction, the most consistently present rights are those of attribution and integrity (the right to prevent or halt the prejudicial use of one’s work by another). The 1.0, 2.0, and 2.5 licenses were drafted to conform to U.S. law, and because U.S. law recognizes moral rights in only very limited circumstances, the generic versions of those licenses suites do not address moral rights of authors.

The international licenses began to address moral rights in version 3.0. In version 4.0, moral rights are waived or not asserted to the extent possible under local law, to the limited extent they would otherwise interfere with exercise of the licensed rights. This avoids establishing moral rights through the license where they would not otherwise exist, but recognizes that there are jurisdictions where this limited waiver is not possible. The attribution requirements in Section 3 of the 4.0 licenses may satisfy many jurisdictions' right of attribution; however, they are a requirement of the license regardless of whether moral rights apply to a use.

In the 3.0 license suite, CC addressed moral rights in the international (unported) licenses. CC did not include a waiver of those rights in the international licenses. Instead, the licenses specifically instruct users that they “must not distort, mutilate, modify or take other derogatory action in relation to the Work which would be prejudicial to the Original Author's honor or reputation.” The only exception is where the right to make adaptations would be considered prejudicial to the author's honor and reputation, in which case the licensor waives or agrees not to assert their moral right in order to allow adaptations to be made. The attribution requirement is designed in part to satisfy the right of attribution. In the porting process, some jurisdictions slightly adjusted this provision, with CC’s permission, to specify that moral rights are waived to the extent necessary to effect the license to the degree a waiver is possible under applicable law. You may compare how different jurisdictions implemented this section of the license.

Trademark and patent explicitly not licensed

In the 4.0 licenses, trademark and patent rights are expressly mentioned as not among the rights licensed.

No CC license version licenses patent and trademark rights along with copyright. These rights are treated separately and are not covered by the license. In 4.0, this was made explicit to avoid confusion. However, in all license versions, implied licenses may come into play where these rights would interfere with exercise of the rights granted by the CC license.

Attribution and marking

Attribution reasonable to means, medium, and context

In 4.0, the manner of attribution is explicitly allowed to be reasonable to the means, medium, and context of how one shares a work.

In the 1.0, 2.0, 2.5, and 3.0 licenses, attribution may be reasonable to the medium or means, and applied to all elements other than certain notices where the requirement is firm. In 4.0, this explicit permission applies to the medium, means, and context of use. We believe this to be a clarification rather than a change: attribution reasonable to the means, medium, and context of use should be permissible for works under any CC license. Additionally, the pre-4.0 licenses specified that credit in adaptations and collections should be at least as prominent as credits for other authors; 4.0 is not specific in this regard.

Reasonableness applies to all attribution requirements

In 4.0, all attribution requirements may be fulfilled reasonable to the means, medium, and context of the use.

In earlier license versions, compliance reasonable to means and medium of use was not expressly permitted for all elements, as certain notices were excluded; however, in 4.0 these are included in the elements that may be fulfilled in a reasonable manner.

Credit to others explicit

In 4.0, proper attribution requires credit to designated others where supplied by the licensor.

In the 1.0 and 2.0 licenses, CC licenses contemplated crediting the author only. Versions 2.5 and 3.0 allow licensors to identify another party or organization for attribution (called an “Attribution Party” in these licenses). This feature was introduced in part to alleviate burdensome or difficult attribution situations, such as when many people contribute to a collaborative effort and agree to be credited as a collective body. In licenses with this feature, licensors may designate another party for attribution purposes—such as a sponsor institute, publishing entity or journal—in addition to or instead of the author. You may review some of the concerns raised when CC proposed this change.

Licensors may request removal of attribution

In the 4.0 licenses, a user must remove attribution from a work at the creator's request to the extent it is reasonably practicable to do so. This is true whether the work is modified or unmodified.

All license versions after version 1.0 require attribution. However, legislation in many countries gives authors the right to control the use of their name in association with their works. Therefore, CC licenses require licensees to remove attribution to the creator at his or her request, where it would otherwise be required to include it. In 2.0, 2.5, and 3.0, credit must be removed from adaptations and collections, to the extent practicable, at the creator’s request. In 4.0, the creator may also request removal of credit from the unmodified work.

Title required

The title is not required for proper attribution in the 4.0 licenses. It is required in all earlier versions.

Beginning in version 1.0, one of the requirements for proper attribution was to include the title of the licensed work; this requirement was kept in versions 2.0, 2.5, and 3.0. In Version 4.0, this requirement was eliminated to increase flexibility and ease of compliance, particularly as many works do not have titles. Users are still encouraged to include titles where supplied.

URI required

For 4.0 licensed materials, a URI is required for proper attribution, if it is reasonably practicable to include.

The version 1.0 licenses contained no URI requirement. In version 2.0, CC introduced the requirement to retain a URI associated with a licensed work for proper attribution if it contains copyright notices or licensing information; this was kept through 2.5 and 3.0. In version 4.0, CC reconsidered this requirement. However, it was retained based on feedback from current and potential adopters that it is important for provenance, branding, and other reasons; a URI associated with the work is required as part of attribution if reasonably practicable to retain, regardless of whether it contains copyright notices or licensing information.

"No endorsement" clause included

In version 4.0, the license is clear that it should not be construed as giving permission to suggest the licensor endorses their use and similar.

In some jurisdictions, wrongfully implying that an author, publisher, or anyone else endorses a particular use of a work may be unlawful. Though not explicitly mentioned in the 1.0, 2.0, or 2.5 licenses, this has always been the case. The version 3.0 licenses contain an express no endorsement clause. In version 4.0, this clause is expressed as a limitation on the rights granted by the licensor.

Modifications and adaptations must be indicated

In the 4.0 license suite, licensees are required to indicate if they made modifications to the licensed material. This obligation applies whether or not the modifications produced adapted material. As with all other attribution and marking requirements, this may be done in a manner reasonable to the means, medium, and context. For example, "This section is an excerpt of the original." For trivial modifications, such as correcting spelling errors, it may be reasonable to omit the notice.

In the 3.0 suite, the obligation to indicate if modifications have been made applies if they result in the creation of an adaptation (when allowed by the license). Versions 1.0, 2.0, and 2.5 do not contain this requirement directly; however, the requirement in those licenses that the original work be credited if used in an adaptation (e.g., "French translation of the Work by Original Author") is some indication that the work has been modified. Even when not required, licensees are encouraged to indicate the material has been modified, and ideally (when reasonable) to describe or specify the changes made.

Other license features

Representations and warranties from licensor included

In version 4.0, the licensor does not provide representations and warranties regarding the licensed content.

In the 1.0 license suite, the licensor extends warranties—for instance, that the work does not infringe the work of another. These warranties were eliminated in all subsequent license versions. Versions 2.0, 2.5, 3.0 and 4.0 explicitly offer the work “AS IS” and disclaim all liabilities to the extent allowable by law. In 4.0, an interpretation clause was added to help ensure that the disclaimer would be interpreted as intended given variations in local law. Of course, licensors may continue to offer warranties and specialized disclaimers separately from the license.

Some ports of 3.0 include warranties where they may not be disclaimed under local law. You may compare how different jurisdictions implemented this section of the license.

Licensor expressly waives rights to enforce, and grants permission to circumvent, technological protection measures

Version 4.0 includes an explicit waiver of, or agreement not to assert, any right licensor may otherwise have to enforce anti-circumvention of any effective technological measures applied to licensed material. CC licensors may apply such measures to their own licensed material, but the 4.0 licenses ensure that, to the extent possible, users are able to exercise the licensed rights when applied by or with the permission of the licensor. To reinforce this, the version 4.0 licenses also expressly grant permission to circumvent those measures.

It is always possible for a licensor to upload his or her own work to a platform that applies technological protection measures, even though the licensor chooses to use a CC license. The permission for a third-party platform to apply ETMs is separate from the CC license, and the CC license cannot restrict that additional permission because CC licenses are nonexclusive. In many jurisdictions, that third party may be able to enforce ETMs through civil or criminal anti-circumvention laws even though the licensor has waived or agreed not to assert any such right under the CC license. Licensees should make themselves aware of any legal limits on their ability to circumvent ETMs in advance of doing so.

In versions 1.0, 2.0, 2.5, and 3.0, the waiver of any right to enforce and the permission to circumvent are not express; however, this does not preclude any implied right to do so that may exist.

Automatic restoration of rights after termination if license violations corrected

In version 4.0, licensees may regain their rights to use licensed material after the license terminates by correcting a license violation within 30 days of discovering it.

In all license versions, a breach of the license terms results in automatic termination. Under versions 1.0, 2.0, 2.5, and 3.0, express permission from the licensor is required for licensees to regain their rights to use the work. In version 4.0, a new provision allows the rights to be automatically reinstated without express permission from the licensor, provided that the violation is corrected within 30 days of its discovery. This is similar to provisions in a handful of other public licenses.

In all versions, a licensor may of course reinstate permissions at any time.

Collecting societies regimes addressed

Under 4.0, licensors waive any right to collect royalties under collecting society schemes if they have chosen licenses permitting commercial uses. A licensor may collect royalties for commercial uses for works under the NonCommercial licenses.

Many users of Creative Commons licenses are members of collective rights societies like ASCAP, BMI, BUMA/STEMRA, and others that manage copyright on behalf of owners. Every license version from the 2.0 suite onward contains clauses that account for the existence of those arrangements. They provide, for instance, that for works offered under a NonCommercial license, the licensor retains the right to collect royalties for commercial uses of the work. The structure of the provisions in the 2.0 and 2.5 licenses differs from that in the version 3.0 and 4.0 licenses. The 2.x licenses specifically regulate music, sound recordings, and webcasting. As those licenses were ported to different jurisdictions, those provisions were adjusted to conform to the local collecting society situation.

The version 3.0 licenses and later employ a broad, harmonized strategy to collective rights societies. This strategy still allows jurisdictions to adopt an approach that best aligns with local law and society structure in the 3.0 licenses, but also ensures that the approach is implemented consistently across jurisdictions. In the international license, as regards compulsory royalty collection, the licensor reserves any right they have to collect those royalties in jurisdictions in which collection cannot be waived. In those jurisdictions in which compulsory royalty collection can be waived, the right to collect royalties is waived completely for those licenses that permit commercial use, and is reserved for commercial uses in those licenses that permit NonCommercial use only. For voluntary royalty schema, the licensor reserves the right to collect royalties for commercial uses in those licenses that permit NonCommercial use only, and waives the right to collect such royalties for licenses permitting commercial use. This clause covers both individual royalty collection and, in the event that the licensor is a member of a collecting society that collects such royalties, collection via such societies to the extent permitted by law. Some ports of the version 3.0 licenses include only those clauses that address the particular situation in the jurisdiction. Others have adopted all the language from the international license in hopes of international harmonization, or out of concern that their jurisdiction’s regime may change. You may compare how different jurisdictions implemented this section of the license.

License-specific features

Compatibility mechanism in BY-SA licenses

Under the 4.0 licenses, licensees may use licenses designated by CC as compatible for their contributions to adapted material.

The ShareAlike licenses require that licensees make their contributions to adapted material available under the same terms and conditions, or, where the license allows, under a license designated by CC as compatible. The version 1.0 ShareAlike licenses require that adaptations be made under exactly the same license as applied to the original work. Starting with the release of the 2.x license suites, CC expanded compatibility by allowing contributions to adapted material to be created under the same or later version of the original license, including other ported versions of the same or later version of the license. The 3.0 Attribution-ShareAlike goes one step further, by allowing those contributions to be licensed under under a “Creative Commons Compatible License,” defined to mean licenses approved by CC as essentially equivalent to the 3.0 Attribution-ShareAlike license.

To date, CC has not approved any other licenses as compatible. However, CC will develop a compatibility process shortly following launch of the 4.0 licenses, and begin evaluating other licenses. You can view the list of compatible licenses, and a post about the upcoming compatibility process. You may also want to review CC’s statement of intent for the Attribution-ShareAlike licenses, and a draft statement that sets out further principles for the ShareAlike licenses.

Compatibility mechanism in BY-NC-SA licenses

In the 4.0 licenses, the same compatibility mechanism is present in the BY-NC-SA license as in BY-SA. Adapted material may be licensed under BY-NC-SA, version 4.0 or later, or any license CC has designated as compatible. To date, CC has not identified any other licenses as compatible; the process and criteria will be maintained on the compatibility page. There is no compatibility mechanism in the 1.0, 2.0, 2.5, or 3.0 versions of BY-NC-SA.

Adapted material usable under conditions of adapter's license

In version 4.0, CC added a provision in the ShareAlike licenses that enables downstream licensees to refer only to the adapter’s license when using adapted material that contains the copyrightable contributions of multiple authors. This feature is designed to minimize complexity for reusers where they are using a later version of the ShareAlike license or a compatible license as their adapter's license. In 4.0, users need only refer to a single set of conditions contained in the last license applied to reuse adapted material, rather than parsing the conditions of the original and other adapter's licenses (to the extent the licenses differ).

In all cases, the licenses stack (the later license does not supplant all previously-applied licenses) when adapted material is created. In particular, the license originally applied to the material being remixed continues to apply once remixed, however permission is given in 4.0 for licensees to meet the conditions of the 4.0 license with reference to those in the adapter's license.

Prior to the 4.0 versioning process, CC had not always been clear that the ShareAlike licenses stacked just as they stack for the BY and BY-NC licenses, and reasonable minds do differ on this point. CC believes, however, that this is the best reading of its all of its licenses that permit adaptations prior to 4.0 and, now, has made that explicit in version 4.0.

Adaptations of NoDerivatives material permitted when not shared

In Version 4.0, licensees are granted permission to create adaptations of material licensed under one of the NoDerivatives licenses, but not permission to share the adaptations publicly.

In general, private personal use does not require the permission of the licensor and, therefore, does not require that the conditions of the CC license be followed. In 4.0, NoDerivatives is a partial rather than an absolute limitation on the rights granted. It does not restrict the production of adaptations (an exclusive right of creators under copyright), but it does prohibit the public sharing of those adaptations (also an exclusive right of creators under copyright). This change enables private activities that may result in the creation of adaptations whether intentionally or unintentionally, such as adaptations made in the course or as a result of text and data mining.

The creation of adaptations in connection with those and other activities are not permitted under the 3.0 and earlier versions absent an applicable exception or limitation.

Features remaining unchanged across license versions

Attribution required

All of the CC licenses require attribution where "BY" is a license element, which is all but five of the eleven version 1.0 licenses.The required mode of attribution differs slightly among the versions, and is progressively more flexible with each version. The version 1.0 suite is unique because it contains five CC licenses that do not require attribution. All subsequent license suites make attribution a standard requirement, though the licensor may request removal in certain circumstances. It is also possible under all license versions for a licensor to release works anonymously, and to waive the requirement by not providing authorship information. Where an element of attribution information is not provided by the licensor, the licensee is not required to provide it.

Definition of "NonCommercial"

While the Creative Commons licenses have evolved over time, the scope of permitted uses under the NonCommercial licenses has remained unchanged across all license suites. (In 4.0, there was a small adjustment to the wording of the definition which was not intended to change its scope.) The NonCommercial clause prohibits the exercise of rights granted under the NonCommercial licenses “in any manner that is primarily intended for or directed toward commercial advantage or monetary compensation.” In 2008, Creative Commons conducted a study on the meaning of NonCommercial in the online environment.

During the 4.0 process, CC took another look at the role of these licenses in general as well as the NonCommercial definition, and considered a name change to "Commercial Rights Reserved". The ultimate decision was to leave unchanged the license name and definition.

Application of effective technological measures by users of CC-licensed works prohibited

All CC license versions prohibit licensees (as opposed to licensors) from using effective technological measures such as “digital rights management” software to restrict the ability of those who receive a CC-licensed work to exercise rights granted under the license. To be clear, encryption or an access limitation is not necessarily a technical protection measure prohibited by the licenses. For example, content sent via email and encrypted with the recipient's public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a set of users (e.g., with a username and password) does not restrict use of the work by the recipients. In the cases above, encryption or an access limitation does not violate the prohibition on technological measures because the recipient is not prevented from exercising all rights granted by the license (including rights of further redistribution).

This treatment was re-evaluated during the public process leading to release of the version 3.0 license suite. CC considered arguments in favor of such measures, coupled with an obligation of parallel distribution; these arguments were also reconsidered during the 4.0 process. However, in both versioning processes, those arguments were ultimately rejected.

Note that in 4.0, CC introduced a definition of Effective Technological Measures. This definition is not intended to change the scope of what is and is not allowed, but instead provide long-needed clarification over the scope of the prohibition.

Exceptions and limitations unaffected

All CC licenses only govern uses that would otherwise be restricted by copyright and other closely related rights as provided in the licenses. If a use is not regulated by virtue of an applicable exception or limitation, the license does not apply and there is no need to follow the license conditions. The licenses do not create obligations where they would not otherwise exist.

Effective for all copyrightable material

All Creative Commons license versions may be used with all copyrightable works (though CC recommends against using its licenses for computer software). Such works include compilations of data that exhibit the requisite level of creativity for copyright protection under applicable law. Thus, to the extent compilations of data are protected by copyright, Creative Commons licenses are suitable licenses for granting permission to exercise that right. For the avoidance of doubt, version 3.0 and 4.0 licenses explicitly identify compilations as material that may be licensed.

Note that sui generis database rights (existing separately from any copyright) are not explicitly licensed in the international suite until version 4.0.

Notices must be retained

The CC licenses all require users to retain a copyright notice, a notice of the disclaimers of warranties, and a license notice if supplied with the licensed material.

Synching creates adaptations

In all license versions, synching CC-licensed audio in timed relation with a video to create an audiovisual work creates an adaptation of that audio work for purposes of the license, regardless of whether the new work would be considered an adaptation under the relevant copyright law. This means, for example, that the requirements of ShareAlike are triggered if the audio work is licensed under a ShareAlike license, and that such works may be made but not shared if licensed under a NoDerivatives license as of version 4.0.

No sublicensing

None of the Creative Commons licenses grant permission to sublicense the licensed material. All of the licenses are direct licenses from the original licensor to all recipients. All permissions granted come directly from the original licensor, creating a direct relationship for enforcement and other purposes between the original licensor and all recipients.

Licensing of collections

Including a CC-licensed work in a collection (a work comprised of separate and independent works) is permitted by all CC licenses. However the collective work as a whole is licensed, the license on the collection does not affect the CC license applied to the work.

In 4.0, reference to distribution in a collection was removed from the license as unnecessary. There is no change from previous versions, however.

Licensing of contributions to BY and BY-NC adaptations

The 4.0 licenses make clear for the first time how contributions to adaptations of BY and BY-NC works may be licensed. Specifically, an adapting licensee may apply any license to her contributions provided that license does not prevent users of the adaption from complying with the original license. While new in 4.0, the introduction of this provision is intended as a clarifier only and is not a change from how earlier versions operate.

Licenses

Links to the International (unported) legal code for the six licenses making up the current suite, for each version:

4.0

3.0

2.5

2.0

1.0

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#####EOF##### Creative Commons Global Summit 2019

Global Summit 2019

The next Global Summit will be held in Lisbon, Portugal May 9-11 2019.

Registration is now open!

Join us for three days of dynamic programming at Museu do Oriente, with a special keynote evening event held at the historic Cineteatro Capitolio.

We’ve grown the CC Global Summit every year as hundreds of leading activists, advocates, librarians, educators, lawyers, technologists, and more have joined us for discussion and debate, workshops and planning, talks and community building. It’s a can’t-miss event for anyone interested in the global movement for the commons.

All attendees, speakers, sponsors and volunteers at our conference are expected to adhere to our Code of Conduct to help ensure a safe environment for everyone.

 

Please join our mailing list for the latest updates on the 2019 Global Summit.

 

#####EOF##### Open Science - Creative Commons
Creative Commons > What we do > Program areas > Open Science

Open Science

Laboratory Science
Laboratory Science—biomedical, by Bill Dickinson, CC BY-NC-ND 2.0

Open Science is the practice of science in such a way that others can collaborate and contribute, where research data, lab notes and other research processes are freely available, under terms that enable reuse, redistribution and reproduction of the research and its underlying data and methods. -FOSTER Open Science Definition 

For years, Creative Commons has been involved in with projects and policy to enable and support the open sharing of scientific information. The CC licenses and public domain tools are widely used to share scientific research and data. We’ve also created software and developed policy recommendations that make it easier for scholars and policymakers to advocate for open solutions to collaboration and information exchange.

Projects

Science Commons was launched in 2005 with the goal of bringing the openness and sharing that have made Creative Commons licenses a success in the arts and cultural fields to the world of science. Science Commons helped explore the intersection of the web, legal tools, and scholarly publishing for the benefit of scientific discovery, innovation, and collaboration. It has since been re-integrated with Creative Commons and is no longer a discrete project.

Creative Commons launched its Scholar’s Copyright Project in June 2006, with one of the main components being the Scholar’s Copyright Addendum Engine. This tool provides a simple mechanism for scholars to retain copyright over their published material that otherwise would be transferred to the publisher. It has now re-launched and updated in beta on CC Labs. The Termination of Transfer tool has also been released in beta. Once finalized, it will help authors learn if and when they have the right to terminate agreements under U.S. law, and regain their right their right to use CC tools to publish under open access terms.

Policy

The practice of open science is inextricably linked to the dissemination of that research to other scientists, and the public. Much of scientific research is funded by the public, thus there has been an increasing attention to ensuring that there is broad public access to the outputs (articles and data) of publicly funded science. Thus, advocates call for open licensing requirements to be attached to publicly funded research grants. This means that articles developed as a result of public funding must be shared under a liberal open license (such as CC BY) so that everyone else is granted permission to read and re-use that publicly funded research. Such policies are already in place in the UK, and are coming online at the European level, in the United States, and elsewhere.

Universities and philanthropic foundations are also adopting open licensing policies for the research articles and data sets that their faculty and grantees produce.

Resources

PLOSPLOS

PLOS (Public Library of Science) is a nonprofit scientific and medical publishing venture that provides scientists and physicians with high-quality, high-profile journals in which to publish their most important work.

mitMassachusetts Institute of Technology Libraries

MIT Libraries offers a local version of the Scholar’s Copyright Addendum Engine, created by Creative Commons as a means of simplifying the process of implementing an addendum to retain scholarly rights when publishing.

More Resources

#####EOF##### Creative Commons — Αναφορά Δημιουργού - Παρόμοια Διανομή 3.0 Μη εισαγόμενο — CC BY-SA 3.0
Η σελίδα αυτή είναι διαθέσιμη στις ακόλουθες γλώσσες: Languages
cc logo

Πράξη Κοινών Creative Commons

Αναφορά Δημιουργού - Παρόμοια Διανομή 3.0 Μη εισαγόμενο (CC BY-SA 3.0)

Αυτή είναι μία εύληπτη από μη νομικούς περίληψη (κι όχι υποκατάστατο) των αδειών. Αποποίηση.

Μπορείτε να:

  • Προσαρμόστε — αναμείξτε, τροποποιήστε και δημιουργήστε πάνω στο υλικό
  • για κάθε σκοπό, ακόμα και εμπορικό.
  • Ο αδειοδότης δεν μπορεί να ανακαλέσει αυτές τις ελευθερίες όσο εσείς ακολουθείτε τους όρους της άδειας.

Υπό τους ακόλουθους όρους:

  • Αναφορά Δημιουργού — Θα πρέπει να καταχωρίσετε αναφορά στο δημιουργό , με σύνδεσμο της άδειας, και με αναφορά αν έχουν γίνει αλλαγές . Μπορείτε να το κάνετε αυτό με οποιονδήποτε εύλογο τρόπο, αλλά όχι με τρόπο που να υπονοεί ότι ο δημιουργός αποδέχεται το έργο σας ή τη χρήση που εσείς κάνετε.

  • Παρόμοια Διανομή — Αν αναμείξετε, τροποποιήσετε, ή δημιουργήσετε πάνω στο υλικό, πρέπει ν δινείμετε τις δικές σας συνεισφορές υπό την ίδια άδεια όπως και το πρωτότυπο.

  • Δεν υπάρχουν πρόσθετοι περιορισμοί — Δε μπορείτε να εφαρμόσετε νομικούς όρους ή τεχνολογικά μέτρα που να περιορίζουν νομικά τους άλλους από το να κάνουν ο,τιδήποτε επιτρέπει η άδεια.

Σημειώσεις:

  • Δεν είστε υποχρεωμένοι να συμμορφωθείτε με τη άδεια για στοιχεία του υλικού που είναι σε Κοινό Κτήμ/ public domain, ή εκεί όπου η χρήση επιτρέπεται στα πλαίσια μιας ισχύουσας εξαίρεσης ή περιορισμού.
  • Δεν παρέχεται καμία εγγύηση. Η άδεια μπορεί να μη σας δίνει όλα τα απαραίτητα δικαιώματα για τη χρήση που σκοπεύετε. Για παράδειγμα, άλλα δικιώματα, όπως διαφήμιση, ιδιωτικότητα, ή ηθικά δικαιώματα μπορεί να περιορίσουν το πως χρησιμοποιείτε το υλικό.
#####EOF##### Frequently Asked Questions - Creative Commons
English | Français

Frequently Asked Questions

2019-04-02 14:07:11 UTC

These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information.

  • Other CC FAQs: CC0 Public Domain Dedication and Public Domain Mark.
  • “Licensor”, “rights holder”, “owner”, and “creator” may be used interchangeably to refer to the person or entity applying a CC license.
  • Information about the licenses is primarily made with reference to the 4.0 suite, but earlier license versions are mentioned where they differ.
  • Have a question that isn’t answered here? Contact info@creativecommons.org.

Creative Commons does not provide legal advice. This FAQ is for informational purposes and is not a substitute for legal advice. It may not cover important issues that affect you. You should consult with your own lawyer if you have questions.

About CC

What is Creative Commons and what do you do?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. Our legal tools help those who want to encourage reuse of their works by offering them for use under generous, standardized terms; those who want to make creative uses of works; and those who want to benefit from this symbiosis. Our vision is to help others realize the full potential of the internet. CC has affiliates all over the world who help ensure our licenses work internationally and who raise awareness of our work.

Although Creative Commons is best known for its licenses, our work extends beyond just providing copyright licenses. CC offers other legal and technical tools that also facilitate sharing and discovery of creative works, such as CC0, a public domain dedication for rights holders who wish to put their work into the public domain before the expiration of copyright, and the Public Domain Mark, a tool for marking a work that is in the worldwide public domain. Creative Commons licenses and tools were designed specifically to work with the web, which makes content that is offered under their terms easy to search for, discover, and use.

For more information about CC, our main website contains in-depth information about the organization, its staff and board of directors, its history, and its supporters. You can also read CC case studies to learn about some of the inspiring ways CC licenses and tools have been used to share works and support innovative business models. You can find regularly updated information about CC by visiting the blog.

Absolutely not. CC has responded to claims to the contrary. CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

That said, Creative Commons recognizes the need for change in copyright law, and many members of the Creative Commons community are active participants in the copyright reform movement. For more information, see our statement in support of copyright reform.

What does “Some Rights Reserved” mean?

Copyright grants to creators a bundle of exclusive rights over their creative works, which generally include, at a minimum, the right to reproduce, distribute, display, and make adaptations. The phrase “All Rights Reserved” is often used by owners to indicate that they reserve all of the rights granted to them under the law. When copyright expires, the work enters the public domain, and the rights holder can no longer stop others from engaging in those activities under copyright, with the exception of moral rights reserved to creators in some jurisdictions. Creative Commons licenses offer creators a spectrum of choices between retaining all rights and relinquishing all rights (public domain), an approach we call “Some Rights Reserved.”

No. Creative Commons is not a law firm and does not provide legal advice or legal services. CC is similar to a self-help service that offers free, form-based legal documents for others to use. These FAQ answers many of the most common questions. There is also specialized information available on the following pages:

While CC does provide this informational guidance about its licenses and other tools, this information may not apply to your particular situation, and should never be taken as legal advice.

If you’re looking for legal advice about using CC licenses and other tools, we recommend contacting the Creative Commons affiliate in your jurisdiction. CC affiliates are highly connected to the communities of copyright lawyers in their countries. We also offer a list of lawyers and organizations who have identified themselves as willing to provide information to others about CC licensing issues. However, please note that CC does not provide referral services, and does not endorse or recommend any person on that list.

Does Creative Commons collect or track material licensed under a CC license?

No, CC does not collect content or track licensed material. However, CC builds technical tools that help the public search for and use works licensed under our licenses and other legal tools, and many others have built such tools as well. CC Search is one tool developed by CC to help the public discover works offered under Creative Commons licenses on the internet via CC-aware search engines and repositories.

What do the Creative Commons buttons do?

The CC buttons are a shorthand way to convey the basic permissions associated with material offered under CC licenses. Creators and owners who apply CC licenses to their material can download and apply those buttons to communicate to users the permissions granted in advance. When the material is offered online, the buttons should usually link out to the human-readable license deeds (which, in turn, link to the license itself).

May I use the Creative Commons logo and buttons?

You may download high resolution versions of the Creative Commons logos and use them in connection with your work or your website, provided you comply with our policies. Among other things, if you use the logos on a website or on your work, you may not alter the logos in any respect—such as by changing the font, the proportions, or the colors. CC’s buttons, name, and corporate logo (the “CC” in a circle) are trademarks of Creative Commons. You cannot use them in ways not permitted by our policies unless you first receive express, written permission. This means, for example, that you cannot (without our permission) print your own buttons and t-shirts using CC logos, although you can purchase them in CC’s store.

I love Creative Commons. How can I help?

Please support CC by making a donation through our support page. Donations can be handled through PayPal or by credit card. You can also support CC by visiting our store.

CC always welcomes your feedback, which you can provide by emailing . You can also participate in CC’s email discussion lists and share feedback and ideas in one of those forums.

If you are a software developer, sysadmin, or have other technical expertise, please join our developer community and help build the tools that build the commons.

Finally, one of the best ways to support CC is by supporting our causes yourself. Follow our blog to find out about current issues where you can help get involved and spread the word, and advocate for free and open licensing in your own communities.

Why does Creative Commons run an annual fundraising campaign? What is the money used for and where does it go?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, with affiliates all over the world who help ensure our licenses work internationally and raise awareness about our work. Our tools are free, and our reach is wide.

In order to…

  • continue developing our licenses and public domain tools to make sure they are legally and technically up-to-date around the world,
  • help creators implement these tools on websites through best practices and individual assistance,
  • enable CC licensing on major content-sharing platforms,
  • enhance CC-licensed resource search and discovery,
  • advocate for CC licensing and open policies in education, science, and culture, and
  • myriad other activities we’re forgetting to mention, such as all the everyday boring but essential operations that go into running an organization

…we need $ to make it all happen! For more information, please take a look at our Annual Report.

Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. It is essential we have the public’s support because it is the creators and users of CC material who make our tools relevant in this digital age. They depend on the tools and services CC provides through their reuse and remix of the rich, open resources available on Wikipedia, Flickr, SoundCloud, Vimeo, Europeana, MIT OpenCourseWare, the Library of Science, Al Jazeera, and YouTube—just to name a few. Many of these people donate $10, $25, or $50 to CC, to help keep it up and running so we can continue to provide our tools and services for free, as a nonprofit organization. The more people who donate to CC, the more independent it will remain.

General License Information

What are Creative Commons licenses?

Creative Commons licenses provide an easy way to manage the copyright terms that attach automatically to all creative material under copyright. Our licenses allow that material to be shared and reused under terms that are flexible and legally sound. Creative Commons offers a core suite of six copyright licenses. Because there is no single “Creative Commons license,” it is important to identify which of the six licenses you are applying to your material, which of the six licenses has been applied to material that you intend to use, and in both cases the specific version.

All of our licenses require that users provide attribution (BY) to the creator when the material is used and shared. Some licensors choose the BY license, which requires attribution to the creator as the only condition to reuse of the material. The other five licenses combine BY with one or more of three additional license elements: NonCommercial (NC), which prohibits commercial use of the material; NoDerivatives (ND), which prohibits the sharing of adaptations of the material; and ShareAlike (SA), which requires adaptations of the material be released under the same license.

CC licenses may be applied to any type of work, including educational resources, music, photographs, databases, government and public sector information, and many other types of material. The only categories of works for which CC does not recommend its licenses are computer software and hardware. You should also not apply Creative Commons licenses to works that are no longer protected by copyright or are otherwise in the public domain. Instead, for those works in the worldwide public domain, we recommend that you mark them with the Public Domain Mark.

How do CC licenses operate?

CC licenses are operative only when applied to material in which a copyright exists, and even then only when a particular use would otherwise not be permitted by copyright. Note that the latest version of CC licenses also applies to rights similar to copyright, such as neighboring rights and sui generis database rights. Learn more about the scope of the licenses. This means that CC license terms and conditions are not triggered by uses permitted under any applicable exceptions and limitations to copyright, nor do license terms and conditions apply to elements of a licensed work that are in the public domain. This also means that CC licenses do not contractually impose restrictions on uses of a work where there is no underlying copyright. This feature (and others) distinguish CC licenses from some other open licenses like the ODbL and ODC-BY, both of which are intended to impose contractual conditions and restrictions on the reuse of databases in jurisdictions where there is no underlying copyright or sui generis database right.

All CC licenses are non-exclusive: creators and owners can enter into additional, different licensing arrangements for the same material at any time (often referred to as “dual-licensing” or “multi-licensing”). However, CC licenses are not revocable once granted unless there has been a breach, and even then the license is terminated only for the breaching licensee.

There are also videos and comics that offer visual descriptions of how CC licenses work.

Which is the latest version of the licenses offered by Creative Commons?

In November 2013, Creative Commons published the version 4.0 license suite. These licenses are the most up-to-date licenses offered by CC, and are recommended over all prior versions. You can see how the licenses have been improved over time on the license versions page. 4.0 has been drafted to be internationally valid, and will have official translations becoming available after publication.

No. By design, CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions. This is a fundamental principle of CC licensing.

Who gives permission to use material offered under Creative Commons licenses?

Our licenses and legal tools are intended for use by anyone who holds copyright in the material. This is often, but not always, the creator.

Creative Commons offers licenses and tools to the public free of charge and does not require that creators or other rights holders register with CC in order to apply a CC license to a work. This means that CC does not have special knowledge of who uses the licenses and for what purposes, nor does CC have a way to contact creators beyond means generally available to the public. CC has no authority to grant permission on behalf of those persons, nor does CC manage those rights on behalf of others.

If you would like to obtain additional permissions to use the work beyond those granted by the license that has been applied, or if you’re not sure if your intended use is permitted by the license, you should contact the rights holder.

Are Creative Commons licenses enforceable in a court of law?

Creative Commons licenses are drafted to be enforceable around the world, and have been enforced in court in various jurisdictions. To CC’s knowledge, the licenses have never been held unenforceable or invalid.

CC licenses contain a “severability” clause. This allows a court to eliminate any provision determined to be unenforceable, and enforce the remaining provisions of the license.

What happens if someone applies a Creative Commons license to my work without my knowledge or authorization?

CC alerts prospective licensors they need to have all necessary rights before applying a CC license to a work. If that is not the case and someone has marked your work with a CC license without your authorization, you should contact that person and tell them to remove the license from your work. You may also wish to contact a lawyer. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What are the international (“unported”) Creative Commons licenses, and why does CC offer “ported” licenses?

One of CC’s goals is ensuring that all of its legal tools work globally, so that anyone anywhere in the world can share their work on globally standard terms. To this end, CC offers a core suite of six international copyright licenses (formerly called the “unported”) that are drafted based largely on various international treaties governing copyright, taking into account as many jurisdiction-specific legal issues as possible. The latest version (4.0) has been drafted with particular attention to the needs of international enforceability.

For version 3.0 and earlier, Creative Commons has also offered ported versions of its six core licenses for many jurisdictions (which usually correspond to countries, but not always). These ported licenses are based on the international license suite but have been modified to reflect local nuances in the expression of legal terms and conditions, drafting protocols, and language. The ported licenses and the international licenses are all intended to be legally effective everywhere. CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

Can governments and intergovernmental organizations (“IGOs”) use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors’ overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the “machine readable” layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]”; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you’re uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC’s Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC’s legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC’s Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and running pilot programs that allow creators to use CC licenses in some circumstances.

If you are already a member of a collecting society and want to use CC licenses, you are welcome to encourage your collecting society to give you the option of Creative Commons licensing.

Can I still make money from a work I make available under a Creative Commons license?

Yes. One of our goals is to encourage creators and rights holders to experiment with new ways to promote and market their work. There are several possible ways of doing this.

CC’s NonCommercial (NC) licenses allow rights holders to maximize distribution while maintaining control of the commercialization of their works. If you want to reserve the right to commercialize your work, you may do this by choosing a license with the NC condition. If someone else wants to use your work commercially and you have applied an NC license to your work, they must first get your permission. As the rights holder, you may still sell your own work commercially.

You may also use funding models that do not depend on using an NC license. For example, many artists and creators use crowdfunding to fund their work before releasing it under a less restrictive license. Others use a “freemium” model where the basic content is free, but extras such as a physical printed version or special access to a members-only website are for paying customers only.

For more information and ideas, The Power of Open presents case studies of artists, businesspeople, and organizations who use CC.

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

No. CC licenses allow for flexibility in the way credit is provided depending on the medium, means, and context in which a licensee is redistributing licensed material. For example, providing attribution to the creator when using licensed material in a blog post may be different than doing so in a video remix. This flexibility facilitates compliance by licensees and reduces uncertainty about different types of reuse—minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded.

Can I change the license terms or conditions?

Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons” or “CC” license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials. Keep in mind that altering terms and conditions is distinct from waiving existing conditions or granting additional permissions than those in the licenses. Licensors may always do so, and many choose to do so using the CC+ protocol to readily signal the waiver or additional permission on the CC license deed.

CC does not assert copyright in the text of its licenses, so you are permitted to modify the text as long as you do not use the CC marks to describe it. However, we do not recommend this. We also advise against modifying our licenses through indirect means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other material. This would prevent licensees from using, combining, or remixing content under your customized license with other content under the same or compatible CC licenses.

Modifying licenses creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.

Can I waive license terms or conditions?

Yes. You may always choose to waive some license terms or conditions. Material licensed under a CC license but with additional permissions granted or conditions waived may be compatibly licensed with other material under the same license. Our CC+ protocol provides a mechanism for facilitating that grant or waiver.

Can I enter into separate or supplemental agreements with users of my work?

Yes. CC licenses are nonexclusive. Licensors always have the option of entering into separate arrangements for the sharing of their material in addition to applying a CC license. However, those different arrangements are not “CC” or “Creative Commons” licenses.

Separate agreements: You may offer the licensed material under other licenses in addition to the CC license (a practice commonly referred to as “dual licensing”). For example, you may wish to license a video game soundtrack under both a CC license and the GPL, so that it may be used under either set of terms. A reuser may then choose which set of terms to comply with. Or, for example, you may offer your material to the public under a NonCommercial license, but offer commercial permissions to fee-paying customers.

Supplemental agreements: Problems arise when licensors design those terms or arrangements to serve not as separate, alternative licensing arrangements but as supplemental terms having the effect of changing the standard terms within the CC license. While you may offer separate terms and conditions to other parties, you should not do so in such a way that would neutralize terms of the CC license.

Except in the limited situation where more permissions are being granted or license conditions are waived, if the additional arrangement modifies or conflicts with the CC license terms, then the resulting licensing arrangement is no longer a CC licensing arrangement. To avoid confusing those who may mistakenly believe the work is licensed under standard CC terms, we must insist that in these instances licensors not use our trademarks, names, and logos in connection with their custom licensing arrangement.

It should be noted that any agreements you make with other parties only have an effect on the other parties to that agreement, and do not apply to anyone else receiving the licensed material. For example, if there are terms of use that apply to visitors to your website on which you host CC-licensed material, your terms of use may apply to visitors to that website, but not to anyone who receives copies of the CC-licensed material elsewhere. Even for the visitors to your website, any separate terms and conditions do not become part of the license—they remain a separate contractual agreement, and violation of this agreement does not constitute copyright infringement.

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

A CC license terminates automatically when its conditions are violated. For example, if a reuser of CC-licensed material does not provide the attribution required when sharing the work, then the user no longer has the right to continue using the material and may be liable for copyright infringement. The license is terminated for the user who violated the license. However, all other users still have a valid license, so long as they are in compliance.

Under the 4.0 licenses, a licensee automatically gets these rights back if she fixes the violation within 30 days of discovering it.

If you apply a Creative Commons license and a user violates the license conditions, you may opt to contact the person directly to ask them to rectify the situation or consult a lawyer to act on your behalf. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

As long as users abide by license terms and conditions, licensors cannot control how the material is used. However, CC licenses do provide several mechanisms that allow licensors to choose not to be associated with their material or to uses of their material with which they disagree.

First, all CC licenses prohibit using the attribution requirement to suggest that the licensor endorses or supports a particular use. Second, licensors may waive the attribution requirement, choosing not to be identified as the licensor, if they wish. Third, if the licensor does not like how the material has been modified or used, CC licenses require that the licensee remove the attribution information upon request. (In 3.0 and earlier, this is only a requirement for adaptations and collections; in 4.0, this also applies to the unmodified work.) Finally, anyone modifying licensed material must indicate that the original has been modified. This ensures that changes made to the original material–whether or not the licensor approves of them–are not attributed back to the licensor.

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

The use of any effective technical protection measures (such as digital rights management or “DRM”) by licensees to prevent others from exercising the licensed rights is prohibited.

Not all kinds of encryption or access limitations are prohibited by the licenses. For example, sending content via email and encrypting it with the recipient’s public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a particular set of users (for example, by requiring a username and password to enter a site) does not restrict further use of the content by the recipients. In these examples, these things do not prevent the recipient from exercising all of the rights granted by the license, including the right to redistribute it further.

If someone is applying effective technological measures to your CC-licensed material that do restrict exercise of the licensed rights (such as applying DRM that restricts copying), this is a violation of the license terms unless you have chosen to grant this permission separately.

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

No. CC licenses grant permission to use the licensed material in any media or format regardless of the format in which it has been made available. This is true even if you have applied a NoDerivatives license to your work. Once a CC license is applied to a work in one format or medium, a licensee may use the same work in any other format or medium without violating the licensor’s copyright.

What if I change my mind about using a CC license?

CC licenses are not revocable. Once something has been published under a CC license, licensees may continue using it according to the license terms for the duration of applicable copyright and similar rights. As a licensor, you may stop distributing under the CC license at any time, but anyone who has access to a copy of the material may continue to redistribute it under the CC license terms. While you cannot revoke the license, CC licenses do provide a mechanism for licensors to ask that others using their material remove the attribution information. You should think carefully before choosing a Creative Commons license.

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

CC offers six core licenses, each of which grants a different set of permissions. Before you use CC-licensed material, you should review the terms of the particular license to be sure your anticipated use is permitted. If you wish to use the work in a manner that is not permitted by the license, you should contact the rights holder (often the creator) to get permission first, or look for an alternative work that is licensed in a way that permits your anticipated use. Note that if you use material in a way that is not permitted by the applicable license and your use is not otherwise permitted by an applicable copyright exception or limitation, the license is automatically terminated and you may be liable for copyright infringement, even if you are eligible to have your rights reinstated later.

Before using material offered under a Creative Commons license, you should know that CC licenses only grant permissions needed under copyright and similar rights, and there may be additional rights you need to use it as intended. You should also understand that licensors do not offer warranties or guarantees about the material they are licensing unless expressly indicated otherwise. All materials are licensed “AS IS” and a disclaimer of warranties applies unless expressly provided otherwise. If you want to ask for a warranty or guarantee about rights to use the material, you should talk with the licensor before using it.

Does a Creative Commons license give me all the rights I need to use the work?

It depends. CC licenses do not license rights other than copyright and similar rights (which include sui generis database rights in version 4.0). For example, they do not license trademark or patent rights, or the publicity, personality, and privacy rights of third parties. However, licensors agree to waive or not assert any moral rights, publicity rights, personality rights, or privacy rights they themselves hold, to the limited extent necessary to allow exercise of the licensed rights. Any rights outside of the scope of the license may require clearance (i.e., permission) in order to use the work as you would like.

Additionally, creative works sometimes incorporate works owned by others (known as “third party content”), often used pursuant to a CC license or under an exception or limitation to copyright such as fair use in the U.S. You should make sure you have permission to use any third party content contained in the work you want to use, or that your use is otherwise allowed under the laws of your jurisdiction, particularly in cases such as fair use where your right to use the content depends on the particular context in which you plan to use it.

All CC licenses contain a disclaimer of warranties, meaning that the licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work. You may wish to obtain legal advice before using CC-licensed material if you are not sure whether you have all the rights you need.

What if there are sui generis database rights that apply to my use of a CC-licensed database?

In the somewhat limited circumstances where sui generis database rights apply to your use, special conditions apply and there are more specific considerations you should be aware of. Under 4.0, sui generis database rights are licensed alongside copyright, but the treatment in earlier versions of the license varies. A fuller explanation of these variations and related considerations is available in the Data FAQ.

Where can I find material offered under a CC license?

If you are looking for material offered under a Creative Commons license, CC Search is a good starting point. There is also a directory of organizations and individuals who use CC licenses. Some media sites, such as Flickr, have search filters for material licensed using CC’s licenses.

Be sure to confirm that the material you want to use is actually under a CC license, as search results may sometimes be misleading.

Are Creative Commons works really free to use?

Yes. While many if not most CC-licensed works are available at no cost, some licensors charge for initial access to CC-licensed works—for example, by publishing CC-licensed content only to subscribers, or by charging for downloads. However, even if you have paid an access charge, once you have a copy of CC-licensed material, you may make any further uses permitted by the license without paying licensing fees.

(If you wish to make uses that are not permitted by the license—for example, making a commercial use of an NC-licensed photo—the licensor may charge for those additional rights.)

What should I know about differences between the international licenses and the ported licenses?

As a licensee, you should always read and understand the relevant license’s legal code before using CC-licensed material, particularly if you are using material that is licensed using a ported license with which you are unfamiliar. Our porting process involved adapting the international licenses to the legal framework of different jurisdictions, and in that process slight adjustments may have been made that you should make yourself aware of in advance of using the material. You can find more information about the ported licenses in the Jurisdiction Database.

There are currently no ported versions of 4.0, and we expect there will be few, if any, in the future. All official translations of the 4.0 international licenses are equivalent: you may substitute one for another depending on your preferred language.

However, the ported versions of 3.0 and earlier sometimes contain small differences from the international license depending on the ways in which they have been adapted to their jurisdictions. For example, a handful of the ported licenses contain provisions specifying which laws will apply in the event the licensor chooses to enforce the license, and a few of the ported licenses contain forum selection clauses.

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Contact the rights holders to ask for permission. Otherwise, unless an exception or limitation to copyright applies, your use of the material may violate the Creative Commons license. If you violate the terms of the license, your rights to use the material will be automatically terminated, and you may be liable for copyright infringement.

Do I always have to comply with the license terms? If not, what are the exceptions?

You need to comply with the license terms if what you are doing would otherwise require permission from the rights holder. If your use would not require permission from the rights holder because it falls under an exception or limitation, such as fair use, or because the material has come into the public domain, the license does not apply, and you do not need to comply with its terms and conditions. Additionally, if you are using an excerpt small enough to be uncopyrightable, the license does not apply to your use, and you do not need to comply with its terms.

However, if you are using excerpts of CC-licensed material which individually are minimal and do not require license compliance, but together make up a significant copyrightable chunk, you must comply with the license terms. For example, if you quote many individual lines from a poem across several sections of a blog post, and your use is not a fair use, you must comply with the license even though no individual line would have been a substantial enough portion of the work to require this.

Attribution

How do I properly attribute material offered under a Creative Commons license?

All CC licenses require users to attribute the creator of licensed material, unless the creator has waived that requirement, not supplied a name, or asked that her name be removed. Additionally, you must retain a copyright notice, a link to the license (or to the deed), a license notice, a notice about the disclaimer of warranties, and a URI if reasonable. For versions prior to 4.0, you must also provide the title of the work. (Though it is not a requirement in 4.0, it is still recommended if one is supplied.)

You must also indicate if you have modified the work—for example, if you have taken an excerpt, or cropped a photo. (For versions prior to 4.0, this is only required if you have created an adaptation by contributing your own creative material, but it is recommended even when not required.) It is not necessary to note trivial alterations, such as correcting a typo or changing a font size. Finally, you must retain an indication of previous modifications to the work.

CC licenses have a flexible attribution requirement, so there is not necessarily one correct way to provide attribution. The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner. Additionally, you may satisfy the attribution requirement by providing a link to a place where the attribution information may be found.

While the attribution requirements in the license are the minimum requirement, we always recommend that you follow the best practices for the kind of use you are making. For example, if you are using scientific data marked with CC0, you are not required to give attribution at all, but we recommend that you give the same credit you would give to any other source—not because the license requires it, but because that is the standard for letting others know the source of the data.

The CC website offers some best practices to help you attribute properly, and the CC Australia team has developed a helpful guide to attributing CC-licensed material (.pdf) in different formats. Note that the attribution and marking requirements vary slightly among license versions. See here for a chart comparing the specific requirements.

Do I need to be aware of anything else when providing attribution?

Yes. You need to be careful not to imply any sponsorship, endorsement, or connection with the licensor or attribution party without their permission. Wrongfully implying that a creator, publisher, or anyone else endorses you or your use of a work may be unlawful. Creative Commons makes the obligation not to imply endorsement explicit in its licenses. In addition, if the licensor of a work requests that you remove the identifying credit, you must do so to the extent practical.

Additionally, when you are using a work that is an adaptation of one or more pre-existing works, you may need to give credit to the creator(s) of the pre-existing work(s), in addition to giving credit to the creator of the adaptation.

Do I always have to attribute the creator of the licensed material?

You must attribute the creator when you provide material to the public by any means that is restricted by copyright or similar rights. If you are using the material personally but are not making it or any adaptations of it available to others, you do not have to attribute the licensor. Similarly, if you are only distributing the material or adaptations of it within your company or organization, you do not have to comply with the attribution requirement. Learn more about when compliance with the license is not required.

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such.

Can I take a CC-licensed work and use it in a different format?

Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.

This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work.

How do I know if a low-resolution photo and a high-resolution photo are the same work?

As with most copyright questions, it will depend on applicable law. Generally, to be different works under copyright law, there must be expressive or original choices made that make one work a separate and distinct work from another. The determination depends on the standards for copyright in the relevant jurisdiction.

Under U.S. copyright law, for example, mechanical reproduction of a work into a different format is unlikely to create a separate, new work. Consequently, digitally enhancing or changing the format of a work absent some originality, such as expressive choices made in the enhancement or encoding, will not likely create a separate work for copyright purposes. The creative bar is low, but it is not non-existent. Accordingly, in some jurisdictions releasing a photograph under a CC license will give the public permission to reuse the photograph in a different resolution.

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

The NoDerivs licenses (BY-ND and BY-NC-ND) prohibit reusers from creating adaptations. What constitutes an adaptation, otherwise known as a derivative work, varies slightly based on the law of the relevant jurisdiction.

Incorporating an unaltered excerpt from an ND-licensed work into a larger work only creates an adaptation if the larger work can be said to be built upon and derived from the work from which the excerpt was taken. Generally, no derivative work is made of the original from which the excerpt was taken when the excerpt is used to illuminate an idea or provide an example in another larger work. Instead, only the reproduction right of the original copyright holder is being exercised by person reusing the excerpt. All CC licenses grant the right to reproduce a CC-licensed work for noncommercial purposes (at a minimum). For example, a person could make copies of one chapter of an ND-licensed book and not be in violation of the license so long as other conditions of the license are met.

There are exceptions to that general rule, however, when the excerpts are combined with other material in a way that creates some new version of the original from which the excerpt is taken. For example, if a portion of a song was used as part of a new song, that may rise to the level of creating an adaptation of the original song, even though only a portion of it was used and even if that portion was used as-is.

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

No. When you receive material under a Creative Commons license, you may not place additional terms and conditions on the reuse of the work. This includes using effective technological measures (ETMs) that would restrict a licensee’s ability to exercise the licensed rights.

A technological measure is considered an ETM if circumventing it carries penalties under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements. Generally, this means that the anti-circumvention laws of various jurisdictions would cover attempts to break it.

For example, if you remix a CC-licensed song, and you wish to share it on a music site that places digital copy-restriction on all uploaded files, you may not do this without express permission from the licensor. However, if you upload that same file to your own site or any other site that does not apply DRM to the file, and a listener chooses to stream it through an app that applies DRM, you have not violated the license.

Note that merely converting material into a different format that is difficult to access or is only available for certain platforms does not violate the restriction; you may do this without violating the license terms.

Can I share CC-licensed material on password-protected sites?

Yes. This is not considered to be a prohibited measure, so long as the protection is merely limiting who may access the content, and does not restrict the authorized recipients from exercising the licensed rights. For example, you may post material under any CC license on a site restricted to members of a certain school, or to paying customers, but you may not place effective technological measures (including DRM) on the files that prevents them from sharing the material elsewhere.

(Note that charging for access may not be permitted with NC-licensed material; however, it is not disallowed by the restriction on ETMs.)

Can I share CC-licensed material on file-sharing networks?

Yes. All CC licenses allow redistribution of the unmodified material by any means, including distribution via file-sharing networks. Note that file-trading is expressly considered to be noncommercial for purposes of compliance with the NC licenses. Barter of NC-licensed material for other items of value is not permitted.

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

If you have received material under a CC license that is encumbered with effective technological measures (such as digital rights management or DRM), you may or may not be permitted to break it, depending on the circumstances. By releasing material under a CC license, the licensor agrees not to assert any rights she may have to prevent the circumvention of effective technological measures. (Under the 3.0 and earlier licenses, this is implied but not explicit.) However, if she has uploaded it to a site or other distribution channel that itself applies such measures, that site may have the right to prevent you from breaking them, even though the licensor herself cannot do so.

Note that anti-circumvention laws can impose criminal liability in some jurisdictions.

What if I have received CC-licensed material with additional restrictions?

It is possible that CC-licensed material will appear on platforms that impose terms in addition to the copyright license (though Creative Commons strongly discourages restrictions that interfere with exercise of the licensed rights). These additional terms do not form part of the license for the work. For example, if you download CC-licensed material from a site that does not permit downloading, you may be breaking the terms of use of the site, but you are not infringing the CC license. See our guide to Modifying the CC licenses for more guidance and information.

Combining and adapting CC material

When is my use considered an adaptation?

Whether a modification of licensed material is considered an adaptation for the purpose of CC licenses depends primarily on the applicable copyright law. Copyright law reserves to an original creator the right to create adaptations of the original work. CC licenses that allow for adaptations to be shared—all except BY-ND and BY-NC-ND—grant permission to others to create and redistribute adaptations when doing so would otherwise constitute a violation of applicable copyright law. Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable, such as a translation of a novel from one language to another, or the creation of a screenplay based on a novel.

Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation, whether or not it would be considered so under applicable law. Also, under version 4.0, certain uses of databases restricted by sui generis database rights also constitute adaptations (called “Adapted Material” in the 4.0 licenses), whether or not they would be considered adaptations under copyright law. For more details about adaptations in the database context, see the Data FAQ.

Note that all CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license.

Note on terminology: throughout these FAQs, we use the term “remix” interchangeably with “adapt.” Both are designed to mean doing something that constitutes an adaptation under copyright law.

Can I combine material under different Creative Commons licenses in my work?

It depends. The first question to ask is whether doing so constitutes an adaptation. If the combination does not create an adaptation, then you may combine any CC-licensed content so long as you provide attribution and comply with the NonCommercial restriction if it applies. If you want to combine material in a way that results in the creation of an adaptation (i.e. a “remix”), then you must pay attention to the particular license that applies to the content you want to combine.

The NoDerivatives licenses do not permit remixing except for private use (the pre-4.0 licenses do not permit remixing at all, except as allowed by exceptions and limitations to copyright). All the other CC licenses allow remixes, but may impose limitations or conditions on how the remix may be used. For example, if you create a remix with material licensed under a ShareAlike license, you need to make sure that all of the material contributed to the remix is licensed under the same license or one that CC has named as compatible, and you must properly credit all of the sources with the required attribution and license information. Similarly, if you want to use a remix for commercial purposes, you cannot incorporate material released under one of the NonCommercial licenses.

The chart below shows which CC-licensed material can be remixed. To use the chart, find a license on the left column and on the top right row. If there is a check mark in the box where that row and column intersect, then the works can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies. See below for details on how remixes may be licensed.

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If you make adaptations of material under a CC license (i.e. “remix”), the original CC license always applies to the material you are adapting even once adapted. The license you may choose for your own contribution (called your “adapter’s license”) depends on which license applies to the original material. Recipients of the adaptation must comply with both the CC license on the original and your adapter’s license.

  • BY and BY-NC material

When remixing BY or BY-NC material, it is generally recommended that your adapter’s license include at least the same license elements as the license applied to the original material. This eases reuse for downstream users because they are able to satisfy both licenses by complying with the adapter’s license. For example, if you adapt material licensed under BY-NC, your adapter’s license should also contain the NC restriction. See the chart below for more details.

  • BY-SA and BY-NC-SA material

In general, when remixing ShareAlike content, your adapter’s license must be the same license as the license on the material you are adapting. All licenses after version 1.0 also allow you to license your contributions under a later version of the same license, and some also allow ported licenses. (See the license versions page for details.) If you wish to adapt material under BY-SA or BY-NC-SA and release your contributions under a non-CC license, you should visit the Compatibility page to see which options are allowed.

  • BY-ND and BY-NC-ND material

The BY-ND and BY-NC-ND licenses do not permit distribution of adaptations (also known as remixes or derivative works), and prohibits the creation of adaptations under the pre-4.0 versions of those licenses. Since you may not share remixes of these materials at all, there is no compatibility with other licenses. (Note that the ND licenses do allow you to reproduce the material in unmodified form together with other material in a collection, as indicated in the next FAQ.)

  • Adapter’s license chart

The chart below details the CC license(s) you may use as your adapter’s license. When creating an adaptation of material under the license identified in the lefthand column, you may license your contributions to the adaptation under one of the licenses indicated on the top row if the corresponding box is green. CC does not recommend using a license if the corresponding box is yellow, although doing so is technically permitted by the terms of the license. If you do, you should take additional care to mark the adaptation as involving multiple copyrights under different terms so that downstream users are aware of their obligations to comply with the licenses from all rights holders. Dark gray boxes indicate those licenses that you may not use as your adapter’s license.

Adapter’s license chart Adapter’s license
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work PD              
BY              
BY-NC              
BY-NC-ND              
BY-NC-SA              
BY-ND              
BY-SA              
Abbreviation Key

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

All Creative Commons licenses (including the version 4.0 licenses) allow licensed material to be included in collections such as anthologies, encyclopedias, and broadcasts. You may choose a license for the collection, however this does not change the license applicable to the original material.

When you include CC-licensed content in a collection, you still must adhere to the license conditions governing your use of the material incorporated. For example, material under any of the Creative Commons NonCommercial licenses cannot be used commercially. The table below indicates what type of CC-licensed works you may incorporate into collections licensed for commercial and noncommercial uses.

Original Work Commercial Collection (BY, BY-SA, BY-ND) NonCommercial Collection (BY-NC, BY-NC-SA, BY-NC-ND)
PD    
BY    
BY-NC    
BY-NC-ND    
BY-NC-SA    
BY-ND    
BY-SA    

License termination

When do Creative Commons licenses expire?

Creative Commons licenses expire when the underlying copyright and similar rights expire.

Note that the relevant rights may expire at different times. For example, you may have a CC-licensed song where the rights in the musical arrangement expire before the rights in the lyrics. In this case, when the copyright in the music expires, you may use it without being required to comply with the conditions of the CC license; however, you must still comply with the license if you use the lyrics.

What happens if the author decides to revoke the CC license to material I am using?

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms. Of course, you may choose to respect the licensor’s wishes and stop using the work.

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

All of the CC licenses terminate if you fail to follow the license conditions. If this happens, you no longer have a license to use the material.

In the 4.0 licenses, your rights under the license are automatically reinstated if you correct this failure within 30 days of discovering the violation (either on your own or because the licensor or someone else has told you). Under the 3.0 and earlier licenses, there is no automatic reinstatement.

If you have lost your rights under a CC license and are not entitled to automatic reinstatement, you may regain your rights under the license if the licensor expressly grants you permission. You cannot simply re-download the material to get a new license.

Note that you may still be liable for damages for copyright infringement for the period where you were not in compliance with the license.

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

The Creative Commons licenses have three layers, as does the CC0 public domain dedication: the human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The Public Domain Mark is not legally operative, and so has only two layers: the human-readable mark and machine-readable metadata.

When material is licensed using any of the CC licenses or tools, it is highly recommended that a CC button, text, or other marker somehow accompany it. There are many possible modes for marking. For our licenses, people generally use the CC license chooser to generate HTML code that can be pasted into the webpage where the licensed material is published. CC0 and the Public Domain Mark have a separate chooser. Many platforms and web services such as Flickr and Drupal support CC licensing directly, allowing you to select an appropriate license. The service then properly marks the work for you.

CC has published some best practices for marking your CC-licensed material, and recommends:

  • Including a visual indicator (some combination of text and images) that the work is licensed with one of the CC licenses.
  • Clearly indicating what material is covered under the CC license, especially if it’s presented alongside non-licensed materials.
  • Including a link to the human-readable deed (which itself contains a link to the legal code).
  • Embedding machine-readable metadata in the code of the license indicator or code of the licensed page.

See the marking page for more details.

What does it mean that Creative Commons licenses are “machine-readable”?

Creative Commons has specified CC REL as a way to associate machine-readable licensing metadata with objects offered under CC licenses.

Before Creative Commons developed this vocabulary, it was difficult for a machine to ascertain whether an object was marked with a CC license. There was also no standard, predictable place to house metadata about that license (for example, the source URL of the work or the required mode of attribution).

Machine-readable metadata based on well-accepted metadata standards creates a platform upon which new services and applications can be built. Software and services can detect CC licenses and the details of that license, as described by the metadata. For example, on many websites and search engines such as Google and Flickr, you can run filtered searches for works offered under specific CC licenses. In addition, CC license deeds can automatically create copy-and-paste attribution code so users may easily comply with the BY condition of the licenses. When you click on a CC license or button from a page with license metadata, you get copy-and-paste attribution HTML within that license deed page. That HTML is based on available RDFa metadata in the original material.

All HTML provided by the CC license chooser is automatically annotated with metadata in RDFa format.

What is RDFa?

RDFa is a method for embedding structured data in a web page. For more information about RDFa, see the following resources:

What is CC REL and why does Creative Commons recommend it?

Creative Commons Rights Expression Language (CC REL) renders information about licenses and works machine-readable through standards that define the semantic web. Creative Commons wants to make it easy for creators and scientists to build upon the works of others when they choose; licensing your work for reuse and finding properly licensed works to reuse should be easy. CC recommends that you mark your licensed works with CC REL. The Creative Commons license chooser provides HTML annotated with CC REL, while the Creative Commons deeds recognize CC REL on web pages with works offered under a CC license, and use this metadata to enhance the deed for properly marked-up works, e.g., by providing copy and paste HTML that includes work attribution.

For more background information on CC REL, please refer to this paper.

What does it mean for a search engine to be CC-enabled?

Some search engines (like Google) allow people to filter their search results by usage rights so that you can limit your search results according to the particular CC license you seek. For example, if you are looking for a photo to adapt, you can filter your search to return photos that have a CC license that permits creation of adaptations. You can generally find this search feature on the advanced search page of your selected search engine. You can also use CC Search, which offers a convenient interface to search and a list of those content providers that support searches for content based on usage rights.

Please note, however, that you should always double check to make sure that the work you locate through a search is licensed as you wish.

How do I give users of my site the option to use CC licensing like Flickr does?

Creative Commons provides tools for integrating license selection with your site. You can find an overview at the Web Integration article on the CC wiki. The Partner Interface is a good way to get started and will always have the most up-to-date license versions and translations. However, there is also an API available if you want more control.

How can I change or remove the Creative Commons search option built into the Firefox browser?

Mozilla has included the Creative Commons search function in many versions of Firefox along with search options for Google, Amazon, and other popular sites. Please take a look at the Firefox article on the CC wiki for an explanation of how to change these features.

If you want to add or remove a particular search option, click on the logo in the search box (for example, the CC logo or the Google logo). This will open the pull down menu, which will allow you to select different search providers. If you choose “Manage Search Engines,” you will be able to add or remove search engines. You can also alter the order in which the search providers appear on the pull down menu.

Is Creative Commons involved in digital rights management (DRM)?

No. CC licenses are a form of rights expression, not rights management. CC provides tools to make it easier for creators and owners to say which rights they reserve and permissions they grant. This is different from digital rights management (or “DRM”), which uses technological protection measures to prevent people from using the work in a way that the owner has not permitted.

CC licenses contain language prohibiting licensees from the use of effective technological measures (including DRM) to prevent access to licensed material: ”You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any such recipient.”

While licensors may apply effective technological measures (ETMs) to their own materials, the licensor provides a limited permission to circumvent these measures: “The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures.” Note that this only applies to effective technological measures applied by licensors themselves: third parties such as distribution platforms may still apply ETMs if the licensor uploads there, and the license is not able to grant you permission to circumvent it.

Copyright law grants exclusive rights to creators of original works of authorship. National laws usually extend protections to such works automatically once fixed in a tangible medium, prohibiting the making of copies without the rights holder’s permission, among other things. On the internet, even the most basic activities involve making copies of copyrighted content. As content is increasingly uploaded, downloaded, and shared online, copyright law is becoming more relevant to more people than it was 20 years ago. Unfortunately, infringing copyrights—even unintentionally or unknowingly—can lead to liability. Successful navigation of the internet requires some understanding of copyright law.

What is the public domain?

The public domain of copyright refers to the aggregate of those works that are not restricted by copyright within a given jurisdiction. A work may be part of the public domain because the applicable term of copyright has expired, because the rights holder surrendered copyright in the work with a tool like CC0, or because the work did not meet the applicable standards for copyrightability.

Because the public domain depends on the copyright laws in force within a particular territory, sometimes a work may be considered “in the public domain” of one jurisdiction, but not in another. For example, U.S. government works are automatically in the public domain under U.S. copyright law, but might be restricted by copyright in other countries.

The Public Domain Manifesto, the University Libraries page, and the CC0 FAQs all contain additional information about the public domain.

Copyright in most jurisdictions attaches automatically without need for any formality once a creative work is fixed in tangible form (i.e. the minute you put pen to paper, take a photo, or hit the “save” button on your computer).

In some jurisdictions, creators may be required to register with a national agency in order to enforce copyright in court. If you would like more information, please consult the Berne Convention or your jurisdiction’s copyright law.

Although you do not have to apply a copyright notice for your work to be protected, it may be a useful tool to clearly signal to people that the work is yours. It also tells the public who to contact about the work.

What is an adaptation?

An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.

In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter’s personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil’s copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction’s copyright law for more information.

What are moral rights?

Copyright laws in many jurisdictions around the world grant creators “moral rights” in addition to the economic or commercial right to exploit their creative works. Moral rights protect the personal and reputational value of a work for its creator. Moral rights differ by country, and can include the right of attribution, the right to have a work published anonymously or pseudonymously, and/or the right to the integrity of the work. The moral right of integrity may provide creators with a source for redress if an adaptation represents derogatory treatment of their work, typically defined as “distortion or mutilation” of the work or treatment that is “prejudicial to the honor, or reputation of the author.” Not all jurisdictions provide for moral rights.

The CC licenses are intended to minimize the effect of moral rights on a licensee’s ability to use licensed material; however, in some jurisdictions, these rights may still have an effect. CC offers some additional information on how CC licenses may affect your moral rights.

What are neighboring rights?

Copyright provides an incentive to create works by providing exclusive rights to creators. However, the distribution or exploitation of a work often involves more than just the creator. For example, if someone writes a song, someone else may perform the song, and another may produce the recording of the song. Some jurisdictions extend copyright to the contributions made by these persons; other jurisdictions extend such exclusive rights in the form of neighboring rights. Neighboring rights may include performers’ rights or broadcasters’ rights, among others. The Rome Convention sets forth some guidelines on the scope of neighboring rights. Not all jurisdictions recognize neighboring rights.

What are sui generis database rights?

Sui generis database rights grant qualifying database makers the right to prohibit the extraction and reuse of a substantial portion of a database. The rights are granted to database makers that make a substantial investment of time and resources to create the database. Sui generis database rights are primarily enacted within the European Union and a handful of other jurisdictions.

What are collecting societies?

Collecting societies are copyright management organizations. Some examples of collecting societies include ASCAP and BMI (United States), BUMA/STEMRA (Netherlands), PRS (United Kingdom), and APRA (Australia). These societies license works on behalf of their owners and process royalty payments from parties using the copyrighted works.

CC offers additional information on how collecting societies might affect your rights and your ability to apply CC licenses to your work. CC has several pilots underway with collecting societies that have chosen to allow their members to use CC licenses on a limited basis.

What are publicity, personality, and privacy rights?

These terms are used differently in different jurisdictions. Generally speaking, these rights allow individuals to control the use of their voice, image, likeness, or other identifiable aspect of their identity, especially for purposes of commercial exploitation. Similarly, in some jurisdictions these rights allow people to restrict others’ ability to publish information about them without their permission. Whether and to what extent these rights exist, and if so, how they are labeled, varies depending on the jurisdiction.

Creative Commons licenses have a limited effect on these rights where the licensor holds them. Where the licensor has publicity, personality, or privacy rights that may affect your ability to use the material as the license intends, the licensor agrees to waive or not assert those rights. However, any such rights not held by the licensor are not affected and may still affect your desired use of a licensed work. If you have created a work or wish to use a work that might in some way implicate these rights, you may need to obtain permission from the individuals whose rights may be affected.

Data

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

: Uses of CC Licenses with Data and Databases : Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker’s investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [marking page]https://wiki.creativecommons.org/wiki/Marking_your_work_with_a_CC_license “wikilink”) for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights–but not copyright–are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.1 These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker’s substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Artificial intelligence and CC licenses

What are the limits on how CC-licensed works can be used in the development of new technologies, such as training of artificial intelligence software?

The licenses grant permission for reuse in any situation that requires permission under copyright. There are many ways in which CC-licensed work works and even all rights reserved works can be reused without permission. This includes uses that are fair uses, for example.

If someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected. This is one of the enduring qualities of our licenses — they have been carefully designed to work with all new technologies where copyright comes into play. No special or explicit permission regarding new technologies from a copyright perspective is required.

But what about privacy laws, rules governing ethical research, and data protection laws?

CC’s copyright licenses are not universal policy tools. Copyright is the primary obstacle to reuse that our licenses solve, but there are many other issues related to the reuse of content that our licenses do not address and that reusers should be aware of. These can include privacy and rules governing ethical research and the collection or use of data, which have to be addressed and respected separate and apart from the copyright issues that CC licenses cover.

What attribution obligations exist when CC-licensed images are included in a published dataset? Is linking to the original image or URI required, and if so, is it adequate?

It depends. First, keep in mind that CC licenses never limit uses that copyright doesn’t control. For example, as a general matter text and data mining in the United States is considered a fair use and does not require permission under copyright. This means that reusers engaged in text and data mining do not have to adhere to the marking and attribution requirements in our licenses for that activity even though we strongly recommend they do so anyway. A second example is linking. In some countries, linking to copyrighted content doesn’t require permission under copyright law, which means the CC license obligations do not come into play even though the linked content is CC-licensed.

Where a CC-licensed work is distributed as part of a database or dataset, and assuming copyright (or in the European Union, copyright or sui generis database rights) is triggered, then the license conditions must be respected. This means providing the required attribution information in a way that is reasonable under the circumstances. Our licenses allow for some flexibility, and in some cases that may be as simple as providing a link to the website where the relevant attribution information is provided. Visit our marking practices page for more information.

If a for-profit company uses CC-licensed content under a Non Commercial license and releases the work under terms that allow only research purposes, is the NC restriction violated?

This depends on whether any of the uses made of the works by the company, whether for profit or non profit, are primarily intended for commercial advantage or monetary compensation. This is hard to know without having all of the facts about how a work was used, whether internally by the company for its own purposes or how the work was distributed for further use. Visit our NC page for more information about what constitutes commercial and non commercial uses of works.

If NC-licensed content is redistributed to the public under an NC license, that distribution would not violate the NC clause. (Note that CC strongly discourages the use of any license terms other than a CC NC license for redistributions of NC-licensed content.)

If CC SA-licensed content is included in a database, does the entire database have to be licensed under an SA license?

CC licenses never require a reuser of a CC-licensed work to make the original work or resulting works (collections, derivatives, etc.) publicly available. There are lots of private reuses of works that are permitted by CC’s licenses that do not require compliance with their terms. Regarding ShareAlike, the condition only applies if a work is modified and if the work is shared publicly. In the situation where a reuser created a dataset of photos and made it publicly available, and assuming copyright permission is required, then what is released is likely a collection or compilation of pre-existing works. CC licenses do not require the collection or the compilation itself to be made available under an SA license, even though each individual work is still licensed individually under an SA license and if they were modified by the distributor the modified photo would need to be licensed under the same terms. For example, were Creative Commons to compile photographs from a photo sharing website under a BY-SA 2.0 license and create a database that it then publicly distributed, CC could license the collection as a whole under a BY license, but the photographs would continue to be licensed under BY-SA 2.0.

What, if any, remedies, do users have if they dislike how their photos or images have been reused?

Several remedies are potentially available. Some may be available if the CC license terms have been violated, and others may be available through other, separate avenues because they involve other laws or regulations that the CC licenses do not cover. It’s important to remember, however, that absent a violation of the license the permissions granted under the license remain in place and cannot be revoked.

  • Under the CC licenses, even if a license condition has not been violated licensors can ask that attribution to them be removed so they can distance themselves from the reuse.
  • For violations of a CC license term where the license was required (not a fair use, etc.) then you may have a claim for copyright infringement. Fortunately, in the CC community most license violations are handled amicably without resorting to the courts.
  • For claims involving laws and regulations other than copyright, recourse may be available depending on your local laws.

An important starting point for any would-be sharer of content under a CC license is to educate yourself in advance about how they work and what rights they do and do not cover. We have many FAQs on our website. We also provide human-readable deeds with links to the full text of our licenses. Additionally, all of our licenses highlight at the beginning many considerations that licensors should have in mind before they license, and considerations for reusers of works before they do so in order to avoid inadvertent violations.

Notes

  1. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).↩

#####EOF##### Data - Creative Commons

Data

From Creative Commons
Jump to: navigation, search

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

Uses of CC Licenses with Data and Databases
Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker's investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

How do I apply a CC legal tool to a database?

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our marking page for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights--but not copyright--are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

Which components of databases are protected by copyright?

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.[1] These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

How do I know whether a particular use of a database is restricted by copyright?

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

If my use of a database is restricted by copyright, how do I comply with the license?

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Notes

  1. ↑ Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).
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#####EOF##### Data - Creative Commons

Data

From Creative Commons
Jump to: navigation, search

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

Uses of CC Licenses with Data and Databases
Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker's investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

How do I apply a CC legal tool to a database?

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our marking page for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights--but not copyright--are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

Which components of databases are protected by copyright?

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.[1] These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

How do I know whether a particular use of a database is restricted by copyright?

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

If my use of a database is restricted by copyright, how do I comply with the license?

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Notes

  1. ↑ Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).
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Frequently Asked Questions

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These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information.

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CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

Can governments and intergovernmental organizations (“IGOs”) use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors’ overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the “machine readable” layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]”; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you’re uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC’s Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC’s legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC’s Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and running pilot programs that allow creators to use CC licenses in some circumstances.

If you are already a member of a collecting society and want to use CC licenses, you are welcome to encourage your collecting society to give you the option of Creative Commons licensing.

Can I still make money from a work I make available under a Creative Commons license?

Yes. One of our goals is to encourage creators and rights holders to experiment with new ways to promote and market their work. There are several possible ways of doing this.

CC’s NonCommercial (NC) licenses allow rights holders to maximize distribution while maintaining control of the commercialization of their works. If you want to reserve the right to commercialize your work, you may do this by choosing a license with the NC condition. If someone else wants to use your work commercially and you have applied an NC license to your work, they must first get your permission. As the rights holder, you may still sell your own work commercially.

You may also use funding models that do not depend on using an NC license. For example, many artists and creators use crowdfunding to fund their work before releasing it under a less restrictive license. Others use a “freemium” model where the basic content is free, but extras such as a physical printed version or special access to a members-only website are for paying customers only.

For more information and ideas, The Power of Open presents case studies of artists, businesspeople, and organizations who use CC.

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

No. CC licenses allow for flexibility in the way credit is provided depending on the medium, means, and context in which a licensee is redistributing licensed material. For example, providing attribution to the creator when using licensed material in a blog post may be different than doing so in a video remix. This flexibility facilitates compliance by licensees and reduces uncertainty about different types of reuse—minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded.

Can I change the license terms or conditions?

Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons” or “CC” license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials. Keep in mind that altering terms and conditions is distinct from waiving existing conditions or granting additional permissions than those in the licenses. Licensors may always do so, and many choose to do so using the CC+ protocol to readily signal the waiver or additional permission on the CC license deed.

CC does not assert copyright in the text of its licenses, so you are permitted to modify the text as long as you do not use the CC marks to describe it. However, we do not recommend this. We also advise against modifying our licenses through indirect means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other material. This would prevent licensees from using, combining, or remixing content under your customized license with other content under the same or compatible CC licenses.

Modifying licenses creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.

Can I waive license terms or conditions?

Yes. You may always choose to waive some license terms or conditions. Material licensed under a CC license but with additional permissions granted or conditions waived may be compatibly licensed with other material under the same license. Our CC+ protocol provides a mechanism for facilitating that grant or waiver.

Can I enter into separate or supplemental agreements with users of my work?

Yes. CC licenses are nonexclusive. Licensors always have the option of entering into separate arrangements for the sharing of their material in addition to applying a CC license. However, those different arrangements are not “CC” or “Creative Commons” licenses.

Separate agreements: You may offer the licensed material under other licenses in addition to the CC license (a practice commonly referred to as “dual licensing”). For example, you may wish to license a video game soundtrack under both a CC license and the GPL, so that it may be used under either set of terms. A reuser may then choose which set of terms to comply with. Or, for example, you may offer your material to the public under a NonCommercial license, but offer commercial permissions to fee-paying customers.

Supplemental agreements: Problems arise when licensors design those terms or arrangements to serve not as separate, alternative licensing arrangements but as supplemental terms having the effect of changing the standard terms within the CC license. While you may offer separate terms and conditions to other parties, you should not do so in such a way that would neutralize terms of the CC license.

Except in the limited situation where more permissions are being granted or license conditions are waived, if the additional arrangement modifies or conflicts with the CC license terms, then the resulting licensing arrangement is no longer a CC licensing arrangement. To avoid confusing those who may mistakenly believe the work is licensed under standard CC terms, we must insist that in these instances licensors not use our trademarks, names, and logos in connection with their custom licensing arrangement.

It should be noted that any agreements you make with other parties only have an effect on the other parties to that agreement, and do not apply to anyone else receiving the licensed material. For example, if there are terms of use that apply to visitors to your website on which you host CC-licensed material, your terms of use may apply to visitors to that website, but not to anyone who receives copies of the CC-licensed material elsewhere. Even for the visitors to your website, any separate terms and conditions do not become part of the license—they remain a separate contractual agreement, and violation of this agreement does not constitute copyright infringement.

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

A CC license terminates automatically when its conditions are violated. For example, if a reuser of CC-licensed material does not provide the attribution required when sharing the work, then the user no longer has the right to continue using the material and may be liable for copyright infringement. The license is terminated for the user who violated the license. However, all other users still have a valid license, so long as they are in compliance.

Under the 4.0 licenses, a licensee automatically gets these rights back if she fixes the violation within 30 days of discovering it.

If you apply a Creative Commons license and a user violates the license conditions, you may opt to contact the person directly to ask them to rectify the situation or consult a lawyer to act on your behalf. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

As long as users abide by license terms and conditions, licensors cannot control how the material is used. However, CC licenses do provide several mechanisms that allow licensors to choose not to be associated with their material or to uses of their material with which they disagree.

First, all CC licenses prohibit using the attribution requirement to suggest that the licensor endorses or supports a particular use. Second, licensors may waive the attribution requirement, choosing not to be identified as the licensor, if they wish. Third, if the licensor does not like how the material has been modified or used, CC licenses require that the licensee remove the attribution information upon request. (In 3.0 and earlier, this is only a requirement for adaptations and collections; in 4.0, this also applies to the unmodified work.) Finally, anyone modifying licensed material must indicate that the original has been modified. This ensures that changes made to the original material–whether or not the licensor approves of them–are not attributed back to the licensor.

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

The use of any effective technical protection measures (such as digital rights management or “DRM”) by licensees to prevent others from exercising the licensed rights is prohibited.

Not all kinds of encryption or access limitations are prohibited by the licenses. For example, sending content via email and encrypting it with the recipient’s public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a particular set of users (for example, by requiring a username and password to enter a site) does not restrict further use of the content by the recipients. In these examples, these things do not prevent the recipient from exercising all of the rights granted by the license, including the right to redistribute it further.

If someone is applying effective technological measures to your CC-licensed material that do restrict exercise of the licensed rights (such as applying DRM that restricts copying), this is a violation of the license terms unless you have chosen to grant this permission separately.

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

No. CC licenses grant permission to use the licensed material in any media or format regardless of the format in which it has been made available. This is true even if you have applied a NoDerivatives license to your work. Once a CC license is applied to a work in one format or medium, a licensee may use the same work in any other format or medium without violating the licensor’s copyright.

What if I change my mind about using a CC license?

CC licenses are not revocable. Once something has been published under a CC license, licensees may continue using it according to the license terms for the duration of applicable copyright and similar rights. As a licensor, you may stop distributing under the CC license at any time, but anyone who has access to a copy of the material may continue to redistribute it under the CC license terms. While you cannot revoke the license, CC licenses do provide a mechanism for licensors to ask that others using their material remove the attribution information. You should think carefully before choosing a Creative Commons license.

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

CC offers six core licenses, each of which grants a different set of permissions. Before you use CC-licensed material, you should review the terms of the particular license to be sure your anticipated use is permitted. If you wish to use the work in a manner that is not permitted by the license, you should contact the rights holder (often the creator) to get permission first, or look for an alternative work that is licensed in a way that permits your anticipated use. Note that if you use material in a way that is not permitted by the applicable license and your use is not otherwise permitted by an applicable copyright exception or limitation, the license is automatically terminated and you may be liable for copyright infringement, even if you are eligible to have your rights reinstated later.

Before using material offered under a Creative Commons license, you should know that CC licenses only grant permissions needed under copyright and similar rights, and there may be additional rights you need to use it as intended. You should also understand that licensors do not offer warranties or guarantees about the material they are licensing unless expressly indicated otherwise. All materials are licensed “AS IS” and a disclaimer of warranties applies unless expressly provided otherwise. If you want to ask for a warranty or guarantee about rights to use the material, you should talk with the licensor before using it.

Does a Creative Commons license give me all the rights I need to use the work?

It depends. CC licenses do not license rights other than copyright and similar rights (which include sui generis database rights in version 4.0). For example, they do not license trademark or patent rights, or the publicity, personality, and privacy rights of third parties. However, licensors agree to waive or not assert any moral rights, publicity rights, personality rights, or privacy rights they themselves hold, to the limited extent necessary to allow exercise of the licensed rights. Any rights outside of the scope of the license may require clearance (i.e., permission) in order to use the work as you would like.

Additionally, creative works sometimes incorporate works owned by others (known as “third party content”), often used pursuant to a CC license or under an exception or limitation to copyright such as fair use in the U.S. You should make sure you have permission to use any third party content contained in the work you want to use, or that your use is otherwise allowed under the laws of your jurisdiction, particularly in cases such as fair use where your right to use the content depends on the particular context in which you plan to use it.

All CC licenses contain a disclaimer of warranties, meaning that the licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work. You may wish to obtain legal advice before using CC-licensed material if you are not sure whether you have all the rights you need.

What if there are sui generis database rights that apply to my use of a CC-licensed database?

In the somewhat limited circumstances where sui generis database rights apply to your use, special conditions apply and there are more specific considerations you should be aware of. Under 4.0, sui generis database rights are licensed alongside copyright, but the treatment in earlier versions of the license varies. A fuller explanation of these variations and related considerations is available in the Data FAQ.

Where can I find material offered under a CC license?

If you are looking for material offered under a Creative Commons license, CC Search is a good starting point. There is also a directory of organizations and individuals who use CC licenses. Some media sites, such as Flickr, have search filters for material licensed using CC’s licenses.

Be sure to confirm that the material you want to use is actually under a CC license, as search results may sometimes be misleading.

Are Creative Commons works really free to use?

Yes. While many if not most CC-licensed works are available at no cost, some licensors charge for initial access to CC-licensed works—for example, by publishing CC-licensed content only to subscribers, or by charging for downloads. However, even if you have paid an access charge, once you have a copy of CC-licensed material, you may make any further uses permitted by the license without paying licensing fees.

(If you wish to make uses that are not permitted by the license—for example, making a commercial use of an NC-licensed photo—the licensor may charge for those additional rights.)

What should I know about differences between the international licenses and the ported licenses?

As a licensee, you should always read and understand the relevant license’s legal code before using CC-licensed material, particularly if you are using material that is licensed using a ported license with which you are unfamiliar. Our porting process involved adapting the international licenses to the legal framework of different jurisdictions, and in that process slight adjustments may have been made that you should make yourself aware of in advance of using the material. You can find more information about the ported licenses in the Jurisdiction Database.

There are currently no ported versions of 4.0, and we expect there will be few, if any, in the future. All official translations of the 4.0 international licenses are equivalent: you may substitute one for another depending on your preferred language.

However, the ported versions of 3.0 and earlier sometimes contain small differences from the international license depending on the ways in which they have been adapted to their jurisdictions. For example, a handful of the ported licenses contain provisions specifying which laws will apply in the event the licensor chooses to enforce the license, and a few of the ported licenses contain forum selection clauses.

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Contact the rights holders to ask for permission. Otherwise, unless an exception or limitation to copyright applies, your use of the material may violate the Creative Commons license. If you violate the terms of the license, your rights to use the material will be automatically terminated, and you may be liable for copyright infringement.

Do I always have to comply with the license terms? If not, what are the exceptions?

You need to comply with the license terms if what you are doing would otherwise require permission from the rights holder. If your use would not require permission from the rights holder because it falls under an exception or limitation, such as fair use, or because the material has come into the public domain, the license does not apply, and you do not need to comply with its terms and conditions. Additionally, if you are using an excerpt small enough to be uncopyrightable, the license does not apply to your use, and you do not need to comply with its terms.

However, if you are using excerpts of CC-licensed material which individually are minimal and do not require license compliance, but together make up a significant copyrightable chunk, you must comply with the license terms. For example, if you quote many individual lines from a poem across several sections of a blog post, and your use is not a fair use, you must comply with the license even though no individual line would have been a substantial enough portion of the work to require this.

Attribution

How do I properly attribute material offered under a Creative Commons license?

All CC licenses require users to attribute the creator of licensed material, unless the creator has waived that requirement, not supplied a name, or asked that her name be removed. Additionally, you must retain a copyright notice, a link to the license (or to the deed), a license notice, a notice about the disclaimer of warranties, and a URI if reasonable. For versions prior to 4.0, you must also provide the title of the work. (Though it is not a requirement in 4.0, it is still recommended if one is supplied.)

You must also indicate if you have modified the work—for example, if you have taken an excerpt, or cropped a photo. (For versions prior to 4.0, this is only required if you have created an adaptation by contributing your own creative material, but it is recommended even when not required.) It is not necessary to note trivial alterations, such as correcting a typo or changing a font size. Finally, you must retain an indication of previous modifications to the work.

CC licenses have a flexible attribution requirement, so there is not necessarily one correct way to provide attribution. The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner. Additionally, you may satisfy the attribution requirement by providing a link to a place where the attribution information may be found.

While the attribution requirements in the license are the minimum requirement, we always recommend that you follow the best practices for the kind of use you are making. For example, if you are using scientific data marked with CC0, you are not required to give attribution at all, but we recommend that you give the same credit you would give to any other source—not because the license requires it, but because that is the standard for letting others know the source of the data.

The CC website offers some best practices to help you attribute properly, and the CC Australia team has developed a helpful guide to attributing CC-licensed material (.pdf) in different formats. Note that the attribution and marking requirements vary slightly among license versions. See here for a chart comparing the specific requirements.

Do I need to be aware of anything else when providing attribution?

Yes. You need to be careful not to imply any sponsorship, endorsement, or connection with the licensor or attribution party without their permission. Wrongfully implying that a creator, publisher, or anyone else endorses you or your use of a work may be unlawful. Creative Commons makes the obligation not to imply endorsement explicit in its licenses. In addition, if the licensor of a work requests that you remove the identifying credit, you must do so to the extent practical.

Additionally, when you are using a work that is an adaptation of one or more pre-existing works, you may need to give credit to the creator(s) of the pre-existing work(s), in addition to giving credit to the creator of the adaptation.

Do I always have to attribute the creator of the licensed material?

You must attribute the creator when you provide material to the public by any means that is restricted by copyright or similar rights. If you are using the material personally but are not making it or any adaptations of it available to others, you do not have to attribute the licensor. Similarly, if you are only distributing the material or adaptations of it within your company or organization, you do not have to comply with the attribution requirement. Learn more about when compliance with the license is not required.

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such.

Can I take a CC-licensed work and use it in a different format?

Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.

This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work.

How do I know if a low-resolution photo and a high-resolution photo are the same work?

As with most copyright questions, it will depend on applicable law. Generally, to be different works under copyright law, there must be expressive or original choices made that make one work a separate and distinct work from another. The determination depends on the standards for copyright in the relevant jurisdiction.

Under U.S. copyright law, for example, mechanical reproduction of a work into a different format is unlikely to create a separate, new work. Consequently, digitally enhancing or changing the format of a work absent some originality, such as expressive choices made in the enhancement or encoding, will not likely create a separate work for copyright purposes. The creative bar is low, but it is not non-existent. Accordingly, in some jurisdictions releasing a photograph under a CC license will give the public permission to reuse the photograph in a different resolution.

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

The NoDerivs licenses (BY-ND and BY-NC-ND) prohibit reusers from creating adaptations. What constitutes an adaptation, otherwise known as a derivative work, varies slightly based on the law of the relevant jurisdiction.

Incorporating an unaltered excerpt from an ND-licensed work into a larger work only creates an adaptation if the larger work can be said to be built upon and derived from the work from which the excerpt was taken. Generally, no derivative work is made of the original from which the excerpt was taken when the excerpt is used to illuminate an idea or provide an example in another larger work. Instead, only the reproduction right of the original copyright holder is being exercised by person reusing the excerpt. All CC licenses grant the right to reproduce a CC-licensed work for noncommercial purposes (at a minimum). For example, a person could make copies of one chapter of an ND-licensed book and not be in violation of the license so long as other conditions of the license are met.

There are exceptions to that general rule, however, when the excerpts are combined with other material in a way that creates some new version of the original from which the excerpt is taken. For example, if a portion of a song was used as part of a new song, that may rise to the level of creating an adaptation of the original song, even though only a portion of it was used and even if that portion was used as-is.

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

No. When you receive material under a Creative Commons license, you may not place additional terms and conditions on the reuse of the work. This includes using effective technological measures (ETMs) that would restrict a licensee’s ability to exercise the licensed rights.

A technological measure is considered an ETM if circumventing it carries penalties under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements. Generally, this means that the anti-circumvention laws of various jurisdictions would cover attempts to break it.

For example, if you remix a CC-licensed song, and you wish to share it on a music site that places digital copy-restriction on all uploaded files, you may not do this without express permission from the licensor. However, if you upload that same file to your own site or any other site that does not apply DRM to the file, and a listener chooses to stream it through an app that applies DRM, you have not violated the license.

Note that merely converting material into a different format that is difficult to access or is only available for certain platforms does not violate the restriction; you may do this without violating the license terms.

Can I share CC-licensed material on password-protected sites?

Yes. This is not considered to be a prohibited measure, so long as the protection is merely limiting who may access the content, and does not restrict the authorized recipients from exercising the licensed rights. For example, you may post material under any CC license on a site restricted to members of a certain school, or to paying customers, but you may not place effective technological measures (including DRM) on the files that prevents them from sharing the material elsewhere.

(Note that charging for access may not be permitted with NC-licensed material; however, it is not disallowed by the restriction on ETMs.)

Can I share CC-licensed material on file-sharing networks?

Yes. All CC licenses allow redistribution of the unmodified material by any means, including distribution via file-sharing networks. Note that file-trading is expressly considered to be noncommercial for purposes of compliance with the NC licenses. Barter of NC-licensed material for other items of value is not permitted.

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

If you have received material under a CC license that is encumbered with effective technological measures (such as digital rights management or DRM), you may or may not be permitted to break it, depending on the circumstances. By releasing material under a CC license, the licensor agrees not to assert any rights she may have to prevent the circumvention of effective technological measures. (Under the 3.0 and earlier licenses, this is implied but not explicit.) However, if she has uploaded it to a site or other distribution channel that itself applies such measures, that site may have the right to prevent you from breaking them, even though the licensor herself cannot do so.

Note that anti-circumvention laws can impose criminal liability in some jurisdictions.

What if I have received CC-licensed material with additional restrictions?

It is possible that CC-licensed material will appear on platforms that impose terms in addition to the copyright license (though Creative Commons strongly discourages restrictions that interfere with exercise of the licensed rights). These additional terms do not form part of the license for the work. For example, if you download CC-licensed material from a site that does not permit downloading, you may be breaking the terms of use of the site, but you are not infringing the CC license. See our guide to Modifying the CC licenses for more guidance and information.

Combining and adapting CC material

When is my use considered an adaptation?

Whether a modification of licensed material is considered an adaptation for the purpose of CC licenses depends primarily on the applicable copyright law. Copyright law reserves to an original creator the right to create adaptations of the original work. CC licenses that allow for adaptations to be shared—all except BY-ND and BY-NC-ND—grant permission to others to create and redistribute adaptations when doing so would otherwise constitute a violation of applicable copyright law. Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable, such as a translation of a novel from one language to another, or the creation of a screenplay based on a novel.

Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation, whether or not it would be considered so under applicable law. Also, under version 4.0, certain uses of databases restricted by sui generis database rights also constitute adaptations (called “Adapted Material” in the 4.0 licenses), whether or not they would be considered adaptations under copyright law. For more details about adaptations in the database context, see the Data FAQ.

Note that all CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license.

Note on terminology: throughout these FAQs, we use the term “remix” interchangeably with “adapt.” Both are designed to mean doing something that constitutes an adaptation under copyright law.

Can I combine material under different Creative Commons licenses in my work?

It depends. The first question to ask is whether doing so constitutes an adaptation. If the combination does not create an adaptation, then you may combine any CC-licensed content so long as you provide attribution and comply with the NonCommercial restriction if it applies. If you want to combine material in a way that results in the creation of an adaptation (i.e. a “remix”), then you must pay attention to the particular license that applies to the content you want to combine.

The NoDerivatives licenses do not permit remixing except for private use (the pre-4.0 licenses do not permit remixing at all, except as allowed by exceptions and limitations to copyright). All the other CC licenses allow remixes, but may impose limitations or conditions on how the remix may be used. For example, if you create a remix with material licensed under a ShareAlike license, you need to make sure that all of the material contributed to the remix is licensed under the same license or one that CC has named as compatible, and you must properly credit all of the sources with the required attribution and license information. Similarly, if you want to use a remix for commercial purposes, you cannot incorporate material released under one of the NonCommercial licenses.

The chart below shows which CC-licensed material can be remixed. To use the chart, find a license on the left column and on the top right row. If there is a check mark in the box where that row and column intersect, then the works can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies. See below for details on how remixes may be licensed.

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If you make adaptations of material under a CC license (i.e. “remix”), the original CC license always applies to the material you are adapting even once adapted. The license you may choose for your own contribution (called your “adapter’s license”) depends on which license applies to the original material. Recipients of the adaptation must comply with both the CC license on the original and your adapter’s license.

  • BY and BY-NC material

When remixing BY or BY-NC material, it is generally recommended that your adapter’s license include at least the same license elements as the license applied to the original material. This eases reuse for downstream users because they are able to satisfy both licenses by complying with the adapter’s license. For example, if you adapt material licensed under BY-NC, your adapter’s license should also contain the NC restriction. See the chart below for more details.

  • BY-SA and BY-NC-SA material

In general, when remixing ShareAlike content, your adapter’s license must be the same license as the license on the material you are adapting. All licenses after version 1.0 also allow you to license your contributions under a later version of the same license, and some also allow ported licenses. (See the license versions page for details.) If you wish to adapt material under BY-SA or BY-NC-SA and release your contributions under a non-CC license, you should visit the Compatibility page to see which options are allowed.

  • BY-ND and BY-NC-ND material

The BY-ND and BY-NC-ND licenses do not permit distribution of adaptations (also known as remixes or derivative works), and prohibits the creation of adaptations under the pre-4.0 versions of those licenses. Since you may not share remixes of these materials at all, there is no compatibility with other licenses. (Note that the ND licenses do allow you to reproduce the material in unmodified form together with other material in a collection, as indicated in the next FAQ.)

  • Adapter’s license chart

The chart below details the CC license(s) you may use as your adapter’s license. When creating an adaptation of material under the license identified in the lefthand column, you may license your contributions to the adaptation under one of the licenses indicated on the top row if the corresponding box is green. CC does not recommend using a license if the corresponding box is yellow, although doing so is technically permitted by the terms of the license. If you do, you should take additional care to mark the adaptation as involving multiple copyrights under different terms so that downstream users are aware of their obligations to comply with the licenses from all rights holders. Dark gray boxes indicate those licenses that you may not use as your adapter’s license.

Adapter’s license chart Adapter’s license
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work PD              
BY              
BY-NC              
BY-NC-ND              
BY-NC-SA              
BY-ND              
BY-SA              
Abbreviation Key

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

All Creative Commons licenses (including the version 4.0 licenses) allow licensed material to be included in collections such as anthologies, encyclopedias, and broadcasts. You may choose a license for the collection, however this does not change the license applicable to the original material.

When you include CC-licensed content in a collection, you still must adhere to the license conditions governing your use of the material incorporated. For example, material under any of the Creative Commons NonCommercial licenses cannot be used commercially. The table below indicates what type of CC-licensed works you may incorporate into collections licensed for commercial and noncommercial uses.

Original Work Commercial Collection (BY, BY-SA, BY-ND) NonCommercial Collection (BY-NC, BY-NC-SA, BY-NC-ND)
PD    
BY    
BY-NC    
BY-NC-ND    
BY-NC-SA    
BY-ND    
BY-SA    

License termination

When do Creative Commons licenses expire?

Creative Commons licenses expire when the underlying copyright and similar rights expire.

Note that the relevant rights may expire at different times. For example, you may have a CC-licensed song where the rights in the musical arrangement expire before the rights in the lyrics. In this case, when the copyright in the music expires, you may use it without being required to comply with the conditions of the CC license; however, you must still comply with the license if you use the lyrics.

What happens if the author decides to revoke the CC license to material I am using?

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms. Of course, you may choose to respect the licensor’s wishes and stop using the work.

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

All of the CC licenses terminate if you fail to follow the license conditions. If this happens, you no longer have a license to use the material.

In the 4.0 licenses, your rights under the license are automatically reinstated if you correct this failure within 30 days of discovering the violation (either on your own or because the licensor or someone else has told you). Under the 3.0 and earlier licenses, there is no automatic reinstatement.

If you have lost your rights under a CC license and are not entitled to automatic reinstatement, you may regain your rights under the license if the licensor expressly grants you permission. You cannot simply re-download the material to get a new license.

Note that you may still be liable for damages for copyright infringement for the period where you were not in compliance with the license.

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

The Creative Commons licenses have three layers, as does the CC0 public domain dedication: the human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The Public Domain Mark is not legally operative, and so has only two layers: the human-readable mark and machine-readable metadata.

When material is licensed using any of the CC licenses or tools, it is highly recommended that a CC button, text, or other marker somehow accompany it. There are many possible modes for marking. For our licenses, people generally use the CC license chooser to generate HTML code that can be pasted into the webpage where the licensed material is published. CC0 and the Public Domain Mark have a separate chooser. Many platforms and web services such as Flickr and Drupal support CC licensing directly, allowing you to select an appropriate license. The service then properly marks the work for you.

CC has published some best practices for marking your CC-licensed material, and recommends:

  • Including a visual indicator (some combination of text and images) that the work is licensed with one of the CC licenses.
  • Clearly indicating what material is covered under the CC license, especially if it’s presented alongside non-licensed materials.
  • Including a link to the human-readable deed (which itself contains a link to the legal code).
  • Embedding machine-readable metadata in the code of the license indicator or code of the licensed page.

See the marking page for more details.

What does it mean that Creative Commons licenses are “machine-readable”?

Creative Commons has specified CC REL as a way to associate machine-readable licensing metadata with objects offered under CC licenses.

Before Creative Commons developed this vocabulary, it was difficult for a machine to ascertain whether an object was marked with a CC license. There was also no standard, predictable place to house metadata about that license (for example, the source URL of the work or the required mode of attribution).

Machine-readable metadata based on well-accepted metadata standards creates a platform upon which new services and applications can be built. Software and services can detect CC licenses and the details of that license, as described by the metadata. For example, on many websites and search engines such as Google and Flickr, you can run filtered searches for works offered under specific CC licenses. In addition, CC license deeds can automatically create copy-and-paste attribution code so users may easily comply with the BY condition of the licenses. When you click on a CC license or button from a page with license metadata, you get copy-and-paste attribution HTML within that license deed page. That HTML is based on available RDFa metadata in the original material.

All HTML provided by the CC license chooser is automatically annotated with metadata in RDFa format.

What is RDFa?

RDFa is a method for embedding structured data in a web page. For more information about RDFa, see the following resources:

What is CC REL and why does Creative Commons recommend it?

Creative Commons Rights Expression Language (CC REL) renders information about licenses and works machine-readable through standards that define the semantic web. Creative Commons wants to make it easy for creators and scientists to build upon the works of others when they choose; licensing your work for reuse and finding properly licensed works to reuse should be easy. CC recommends that you mark your licensed works with CC REL. The Creative Commons license chooser provides HTML annotated with CC REL, while the Creative Commons deeds recognize CC REL on web pages with works offered under a CC license, and use this metadata to enhance the deed for properly marked-up works, e.g., by providing copy and paste HTML that includes work attribution.

For more background information on CC REL, please refer to this paper.

What does it mean for a search engine to be CC-enabled?

Some search engines (like Google) allow people to filter their search results by usage rights so that you can limit your search results according to the particular CC license you seek. For example, if you are looking for a photo to adapt, you can filter your search to return photos that have a CC license that permits creation of adaptations. You can generally find this search feature on the advanced search page of your selected search engine. You can also use CC Search, which offers a convenient interface to search and a list of those content providers that support searches for content based on usage rights.

Please note, however, that you should always double check to make sure that the work you locate through a search is licensed as you wish.

How do I give users of my site the option to use CC licensing like Flickr does?

Creative Commons provides tools for integrating license selection with your site. You can find an overview at the Web Integration article on the CC wiki. The Partner Interface is a good way to get started and will always have the most up-to-date license versions and translations. However, there is also an API available if you want more control.

How can I change or remove the Creative Commons search option built into the Firefox browser?

Mozilla has included the Creative Commons search function in many versions of Firefox along with search options for Google, Amazon, and other popular sites. Please take a look at the Firefox article on the CC wiki for an explanation of how to change these features.

If you want to add or remove a particular search option, click on the logo in the search box (for example, the CC logo or the Google logo). This will open the pull down menu, which will allow you to select different search providers. If you choose “Manage Search Engines,” you will be able to add or remove search engines. You can also alter the order in which the search providers appear on the pull down menu.

Is Creative Commons involved in digital rights management (DRM)?

No. CC licenses are a form of rights expression, not rights management. CC provides tools to make it easier for creators and owners to say which rights they reserve and permissions they grant. This is different from digital rights management (or “DRM”), which uses technological protection measures to prevent people from using the work in a way that the owner has not permitted.

CC licenses contain language prohibiting licensees from the use of effective technological measures (including DRM) to prevent access to licensed material: ”You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any such recipient.”

While licensors may apply effective technological measures (ETMs) to their own materials, the licensor provides a limited permission to circumvent these measures: “The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures.” Note that this only applies to effective technological measures applied by licensors themselves: third parties such as distribution platforms may still apply ETMs if the licensor uploads there, and the license is not able to grant you permission to circumvent it.

Copyright law grants exclusive rights to creators of original works of authorship. National laws usually extend protections to such works automatically once fixed in a tangible medium, prohibiting the making of copies without the rights holder’s permission, among other things. On the internet, even the most basic activities involve making copies of copyrighted content. As content is increasingly uploaded, downloaded, and shared online, copyright law is becoming more relevant to more people than it was 20 years ago. Unfortunately, infringing copyrights—even unintentionally or unknowingly—can lead to liability. Successful navigation of the internet requires some understanding of copyright law.

What is the public domain?

The public domain of copyright refers to the aggregate of those works that are not restricted by copyright within a given jurisdiction. A work may be part of the public domain because the applicable term of copyright has expired, because the rights holder surrendered copyright in the work with a tool like CC0, or because the work did not meet the applicable standards for copyrightability.

Because the public domain depends on the copyright laws in force within a particular territory, sometimes a work may be considered “in the public domain” of one jurisdiction, but not in another. For example, U.S. government works are automatically in the public domain under U.S. copyright law, but might be restricted by copyright in other countries.

The Public Domain Manifesto, the University Libraries page, and the CC0 FAQs all contain additional information about the public domain.

Copyright in most jurisdictions attaches automatically without need for any formality once a creative work is fixed in tangible form (i.e. the minute you put pen to paper, take a photo, or hit the “save” button on your computer).

In some jurisdictions, creators may be required to register with a national agency in order to enforce copyright in court. If you would like more information, please consult the Berne Convention or your jurisdiction’s copyright law.

Although you do not have to apply a copyright notice for your work to be protected, it may be a useful tool to clearly signal to people that the work is yours. It also tells the public who to contact about the work.

What is an adaptation?

An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.

In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter’s personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil’s copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction’s copyright law for more information.

What are moral rights?

Copyright laws in many jurisdictions around the world grant creators “moral rights” in addition to the economic or commercial right to exploit their creative works. Moral rights protect the personal and reputational value of a work for its creator. Moral rights differ by country, and can include the right of attribution, the right to have a work published anonymously or pseudonymously, and/or the right to the integrity of the work. The moral right of integrity may provide creators with a source for redress if an adaptation represents derogatory treatment of their work, typically defined as “distortion or mutilation” of the work or treatment that is “prejudicial to the honor, or reputation of the author.” Not all jurisdictions provide for moral rights.

The CC licenses are intended to minimize the effect of moral rights on a licensee’s ability to use licensed material; however, in some jurisdictions, these rights may still have an effect. CC offers some additional information on how CC licenses may affect your moral rights.

What are neighboring rights?

Copyright provides an incentive to create works by providing exclusive rights to creators. However, the distribution or exploitation of a work often involves more than just the creator. For example, if someone writes a song, someone else may perform the song, and another may produce the recording of the song. Some jurisdictions extend copyright to the contributions made by these persons; other jurisdictions extend such exclusive rights in the form of neighboring rights. Neighboring rights may include performers’ rights or broadcasters’ rights, among others. The Rome Convention sets forth some guidelines on the scope of neighboring rights. Not all jurisdictions recognize neighboring rights.

What are sui generis database rights?

Sui generis database rights grant qualifying database makers the right to prohibit the extraction and reuse of a substantial portion of a database. The rights are granted to database makers that make a substantial investment of time and resources to create the database. Sui generis database rights are primarily enacted within the European Union and a handful of other jurisdictions.

What are collecting societies?

Collecting societies are copyright management organizations. Some examples of collecting societies include ASCAP and BMI (United States), BUMA/STEMRA (Netherlands), PRS (United Kingdom), and APRA (Australia). These societies license works on behalf of their owners and process royalty payments from parties using the copyrighted works.

CC offers additional information on how collecting societies might affect your rights and your ability to apply CC licenses to your work. CC has several pilots underway with collecting societies that have chosen to allow their members to use CC licenses on a limited basis.

What are publicity, personality, and privacy rights?

These terms are used differently in different jurisdictions. Generally speaking, these rights allow individuals to control the use of their voice, image, likeness, or other identifiable aspect of their identity, especially for purposes of commercial exploitation. Similarly, in some jurisdictions these rights allow people to restrict others’ ability to publish information about them without their permission. Whether and to what extent these rights exist, and if so, how they are labeled, varies depending on the jurisdiction.

Creative Commons licenses have a limited effect on these rights where the licensor holds them. Where the licensor has publicity, personality, or privacy rights that may affect your ability to use the material as the license intends, the licensor agrees to waive or not assert those rights. However, any such rights not held by the licensor are not affected and may still affect your desired use of a licensed work. If you have created a work or wish to use a work that might in some way implicate these rights, you may need to obtain permission from the individuals whose rights may be affected.

Data

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

: Uses of CC Licenses with Data and Databases : Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker’s investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [marking page]https://wiki.creativecommons.org/wiki/Marking_your_work_with_a_CC_license “wikilink”) for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights–but not copyright–are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.1 These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker’s substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Artificial intelligence and CC licenses

What are the limits on how CC-licensed works can be used in the development of new technologies, such as training of artificial intelligence software?

The licenses grant permission for reuse in any situation that requires permission under copyright. There are many ways in which CC-licensed work works and even all rights reserved works can be reused without permission. This includes uses that are fair uses, for example.

If someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected. This is one of the enduring qualities of our licenses — they have been carefully designed to work with all new technologies where copyright comes into play. No special or explicit permission regarding new technologies from a copyright perspective is required.

But what about privacy laws, rules governing ethical research, and data protection laws?

CC’s copyright licenses are not universal policy tools. Copyright is the primary obstacle to reuse that our licenses solve, but there are many other issues related to the reuse of content that our licenses do not address and that reusers should be aware of. These can include privacy and rules governing ethical research and the collection or use of data, which have to be addressed and respected separate and apart from the copyright issues that CC licenses cover.

What attribution obligations exist when CC-licensed images are included in a published dataset? Is linking to the original image or URI required, and if so, is it adequate?

It depends. First, keep in mind that CC licenses never limit uses that copyright doesn’t control. For example, as a general matter text and data mining in the United States is considered a fair use and does not require permission under copyright. This means that reusers engaged in text and data mining do not have to adhere to the marking and attribution requirements in our licenses for that activity even though we strongly recommend they do so anyway. A second example is linking. In some countries, linking to copyrighted content doesn’t require permission under copyright law, which means the CC license obligations do not come into play even though the linked content is CC-licensed.

Where a CC-licensed work is distributed as part of a database or dataset, and assuming copyright (or in the European Union, copyright or sui generis database rights) is triggered, then the license conditions must be respected. This means providing the required attribution information in a way that is reasonable under the circumstances. Our licenses allow for some flexibility, and in some cases that may be as simple as providing a link to the website where the relevant attribution information is provided. Visit our marking practices page for more information.

If a for-profit company uses CC-licensed content under a Non Commercial license and releases the work under terms that allow only research purposes, is the NC restriction violated?

This depends on whether any of the uses made of the works by the company, whether for profit or non profit, are primarily intended for commercial advantage or monetary compensation. This is hard to know without having all of the facts about how a work was used, whether internally by the company for its own purposes or how the work was distributed for further use. Visit our NC page for more information about what constitutes commercial and non commercial uses of works.

If NC-licensed content is redistributed to the public under an NC license, that distribution would not violate the NC clause. (Note that CC strongly discourages the use of any license terms other than a CC NC license for redistributions of NC-licensed content.)

If CC SA-licensed content is included in a database, does the entire database have to be licensed under an SA license?

CC licenses never require a reuser of a CC-licensed work to make the original work or resulting works (collections, derivatives, etc.) publicly available. There are lots of private reuses of works that are permitted by CC’s licenses that do not require compliance with their terms. Regarding ShareAlike, the condition only applies if a work is modified and if the work is shared publicly. In the situation where a reuser created a dataset of photos and made it publicly available, and assuming copyright permission is required, then what is released is likely a collection or compilation of pre-existing works. CC licenses do not require the collection or the compilation itself to be made available under an SA license, even though each individual work is still licensed individually under an SA license and if they were modified by the distributor the modified photo would need to be licensed under the same terms. For example, were Creative Commons to compile photographs from a photo sharing website under a BY-SA 2.0 license and create a database that it then publicly distributed, CC could license the collection as a whole under a BY license, but the photographs would continue to be licensed under BY-SA 2.0.

What, if any, remedies, do users have if they dislike how their photos or images have been reused?

Several remedies are potentially available. Some may be available if the CC license terms have been violated, and others may be available through other, separate avenues because they involve other laws or regulations that the CC licenses do not cover. It’s important to remember, however, that absent a violation of the license the permissions granted under the license remain in place and cannot be revoked.

  • Under the CC licenses, even if a license condition has not been violated licensors can ask that attribution to them be removed so they can distance themselves from the reuse.
  • For violations of a CC license term where the license was required (not a fair use, etc.) then you may have a claim for copyright infringement. Fortunately, in the CC community most license violations are handled amicably without resorting to the courts.
  • For claims involving laws and regulations other than copyright, recourse may be available depending on your local laws.

An important starting point for any would-be sharer of content under a CC license is to educate yourself in advance about how they work and what rights they do and do not cover. We have many FAQs on our website. We also provide human-readable deeds with links to the full text of our licenses. Additionally, all of our licenses highlight at the beginning many considerations that licensors should have in mind before they license, and considerations for reusers of works before they do so in order to avoid inadvertent violations.

Notes

  1. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).↩

#####EOF##### Metadata - Creative Commons

Metadata

From Creative Commons
Jump to: navigation, search

When you select a license from the Creative Commons License Chooser, you're provided with HTML to place in your page. That HTML contains metadata which allows software to understand that you've applied a license to your work.

What is metadata?

Metadata is data about data. For example: title, creator, and licensing information. When you choose a license on our website, you get back some metadata (licensing information) encoded in RDF.

What is RDF?

RDF (Resource Description Framework) is a framework for metadata. The basic structure of RDF is very simple. There are three parts:

  • the subject: a thing, identified by its URL
  • the predicate: the type of metadata (like title or creator), also identified by a URL
  • the object: the value of this type of metadata (like "The Story of My Life" or 'a person named "John Q. Public"')

Together, these make RDF statements, which are expressed in a language called RDF/XML.

What is the Semantic Web?

The Semantic Web is the part of the Web available in RDF. The idea behind the concept of the Semantic Web is that when enough pages carry this machine-processable metadata, developers can build tools that take advantage of it.

Among other things, RDF helps different programs talk to each other, reducing the need for users to copy information by hand. Imagine a world where everything had embedded RDF: When buying a plane ticket, for example, you could drag your flight itinerary onto your calendar program to add it to your calendar. You could drag a friend's top-ten songs list onto your music player, and it could try and obtain the songs for you automatically.

RDF can also be used to create more powerful search engines. Right now the only type of question you can ask a search engine is "What pages have these words in them?" When pages include RDF metadata, you will be able to ask more advanced questions like "What's the current temperature in California?" Programs can also use this information, like an alarm clock program that also displayed the current weather or a collage-making program that only used photos with permission.

Finally, metadata can be aggregated across the whole Web. A program could download all the top-ten song lists and, with the help of a pricing guide in RDF, calculate the cost of buying the most popular albums.

Metadata holds a lot of promise, but it won't be useful until people start adding it to their pages. Creative Commons hopes to help promote metadata by making it very easy for people to add metadata to their pages.

Why we have Creative Commons Metadata

In addition to making it easy for people to find the copyright licenses best for them, Creative Commons is working to provide simple RDF descriptions of these licenses. These descriptions will put the important points of the license in a way that makes it easy for machines to process and work from. Unlike Digital Rights Management (DRM) technology, which tries to restrict use of digital works, Creative Commons is providing ways to encourage permitted sharing and reuse of works.

If you run a search engine, you might use license metadata to highlight public domain and generously-licensed works. If you write a public file sharing server, you might offer to search the user's hard drive for works that allow distribution. If you write a magazine, you might use a CC-enabled search engine to find pictures of candy bars that you can legally include.

By standardizing a way to describe this information and providing large quantities of RDF to build on, we hope to encourage new and innovative ways to develop the commons. Of course, this metadata only provides a first approximation of the license, for information use. Users are encouraged to read the full license to make sure it meets their expectations.

CC REL Describes Creative Commons Metadata

Creative Commons metadata is described by the Creative Commons Rights Expression Language (CC REL). You can also find information on specific filetypes for embedding and reading metadata.

Retrieved from "https://wiki.creativecommons.org/index.php?title=Metadata&oldid=86734"

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#####EOF##### Bassel Khartabil Fellowships and Memorial Fund - Creative Commons
#####EOF##### Creative Commons Legal Code

Creative Commons Legal Code

Attribution-NoDerivs 3.0 Unported

CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.

License

THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.

BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.

1. Definitions

  1. "Adaptation" means a work based upon the Work, or upon the Work and other pre-existing works, such as a translation, adaptation, derivative work, arrangement of music or other alterations of a literary or artistic work, or phonogram or performance and includes cinematographic adaptations or any other form in which the Work may be recast, transformed, or adapted including in any form recognizably derived from the original, except that a work that constitutes a Collection will not be considered an Adaptation for the purpose of this License. For the avoidance of doubt, where the Work is a musical work, performance or phonogram, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered an Adaptation for the purpose of this License.
  2. "Collection" means a collection of literary or artistic works, such as encyclopedias and anthologies, or performances, phonograms or broadcasts, or other works or subject matter other than works listed in Section 1(f) below, which, by reason of the selection and arrangement of their contents, constitute intellectual creations, in which the Work is included in its entirety in unmodified form along with one or more other contributions, each constituting separate and independent works in themselves, which together are assembled into a collective whole. A work that constitutes a Collection will not be considered an Adaptation (as defined above) for the purposes of this License.
  3. "Distribute" means to make available to the public the original and copies of the Work through sale or other transfer of ownership.
  4. "Licensor" means the individual, individuals, entity or entities that offer(s) the Work under the terms of this License.
  5. "Original Author" means, in the case of a literary or artistic work, the individual, individuals, entity or entities who created the Work or if no individual or entity can be identified, the publisher; and in addition (i) in the case of a performance the actors, singers, musicians, dancers, and other persons who act, sing, deliver, declaim, play in, interpret or otherwise perform literary or artistic works or expressions of folklore; (ii) in the case of a phonogram the producer being the person or legal entity who first fixes the sounds of a performance or other sounds; and, (iii) in the case of broadcasts, the organization that transmits the broadcast.
  6. "Work" means the literary and/or artistic work offered under the terms of this License including without limitation any production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression including digital form, such as a book, pamphlet and other writing; a lecture, address, sermon or other work of the same nature; a dramatic or dramatico-musical work; a choreographic work or entertainment in dumb show; a musical composition with or without words; a cinematographic work to which are assimilated works expressed by a process analogous to cinematography; a work of drawing, painting, architecture, sculpture, engraving or lithography; a photographic work to which are assimilated works expressed by a process analogous to photography; a work of applied art; an illustration, map, plan, sketch or three-dimensional work relative to geography, topography, architecture or science; a performance; a broadcast; a phonogram; a compilation of data to the extent it is protected as a copyrightable work; or a work performed by a variety or circus performer to the extent it is not otherwise considered a literary or artistic work.
  7. "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
  8. "Publicly Perform" means to perform public recitations of the Work and to communicate to the public those public recitations, by any means or process, including by wire or wireless means or public digital performances; to make available to the public Works in such a way that members of the public may access these Works from a place and at a place individually chosen by them; to perform the Work to the public by any means or process and the communication to the public of the performances of the Work, including by public digital performance; to broadcast and rebroadcast the Work by any means including signs, sounds or images.
  9. "Reproduce" means to make copies of the Work by any means including without limitation by sound or visual recordings and the right of fixation and reproducing fixations of the Work, including storage of a protected performance or phonogram in digital form or other electronic medium.

2. Fair Dealing Rights. Nothing in this License is intended to reduce, limit, or restrict any uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.

3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:

  1. to Reproduce the Work, to incorporate the Work into one or more Collections, and to Reproduce the Work as incorporated in the Collections; and,
  2. to Distribute and Publicly Perform the Work including as incorporated in Collections.

  3. For the avoidance of doubt:

    1. Non-waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme cannot be waived, the Licensor reserves the exclusive right to collect such royalties for any exercise by You of the rights granted under this License;
    2. Waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme can be waived, the Licensor waives the exclusive right to collect such royalties for any exercise by You of the rights granted under this License; and,
    3. Voluntary License Schemes. The Licensor waives the right to collect royalties, whether individually or, in the event that the Licensor is a member of a collecting society that administers voluntary licensing schemes, via that society, from any exercise by You of the rights granted under this License.

The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats, but otherwise you have no rights to make Adaptations. Subject to Section 8(f), all rights not expressly granted by Licensor are hereby reserved.

4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:

  1. You may Distribute or Publicly Perform the Work only under the terms of this License. You must include a copy of, or the Uniform Resource Identifier (URI) for, this License with every copy of the Work You Distribute or Publicly Perform. You may not offer or impose any terms on the Work that restrict the terms of this License or the ability of the recipient of the Work to exercise the rights granted to that recipient under the terms of the License. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties with every copy of the Work You Distribute or Publicly Perform. When You Distribute or Publicly Perform the Work, You may not impose any effective technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise the rights granted to that recipient under the terms of the License. This Section 4(a) applies to the Work as incorporated in a Collection, but this does not require the Collection apart from the Work itself to be made subject to the terms of this License. If You create a Collection, upon notice from any Licensor You must, to the extent practicable, remove from the Collection any credit as required by Section 4(b), as requested.
  2. If You Distribute, or Publicly Perform the Work or Collections, You must, unless a request has been made pursuant to Section 4(a), keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or if the Original Author and/or Licensor designate another party or parties (e.g., a sponsor institute, publishing entity, journal) for attribution ("Attribution Parties") in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; (ii) the title of the Work if supplied; (iii) to the extent reasonably practicable, the URI, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work. The credit required by this Section 4(b) may be implemented in any reasonable manner; provided, however, that in the case of a Collection, at a minimum such credit will appear, if a credit for all contributing authors of the Collection appears, then as part of these credits and in a manner at least as prominent as the credits for the other contributing authors. For the avoidance of doubt, You may only use the credit required by this Section for the purpose of attribution in the manner set out above and, by exercising Your rights under this License, You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Original Author, Licensor and/or Attribution Parties, as appropriate, of You or Your use of the Work, without the separate, express prior written permission of the Original Author, Licensor and/or Attribution Parties.
  3. Except as otherwise agreed in writing by the Licensor or as may be otherwise permitted by applicable law, if You Reproduce, Distribute or Publicly Perform the Work either by itself or as part of any Collections, You must not distort, mutilate, modify or take other derogatory action in relation to the Work which would be prejudicial to the Original Author's honor or reputation.

5. Representations, Warranties and Disclaimer

UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.

6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Termination

  1. This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Collections from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
  2. Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.

8. Miscellaneous

  1. Each time You Distribute or Publicly Perform the Work or a Collection, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
  2. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
  3. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
  4. This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
  5. The rights granted under, and the subject matter referenced, in this License were drafted utilizing the terminology of the Berne Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on July 24, 1971). These rights and subject matter take effect in the relevant jurisdiction in which the License terms are sought to be enforced according to the corresponding provisions of the implementation of those treaty provisions in the applicable national law. If the standard suite of rights granted under applicable copyright law includes additional rights not granted under this License, such additional rights are deemed to be included in the License; this License is not intended to restrict the license of any rights under applicable law.

Creative Commons Notice

Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.

Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, Creative Commons does not authorize the use by either party of the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time. For the avoidance of doubt, this trademark restriction does not form part of this License.

Creative Commons may be contacted at https://creativecommons.org/.

#####EOF##### License Versions - Creative Commons

License Versions

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This page identifies the principal improvements to the Creative Commons license suite since the publication of the first licenses (version 1.0) in December 2002, through the current version 4.0, published November 2013. It also highlights important similarities and differences among the major license versions. For more information on using CC tools or works offered under Creative Commons licenses, consult the Frequently Asked Questions page. For a further historical perspective, you are invited to review deprecated CC legal tools identified on the retired legal tools page.

Please note that the summaries below may not reflect all changes between license versions or fully or accurately describe the differences between them. CC cannot provide legal advice, and what follows is not legal advice. What follows below is a general description of differences and similarities between the license versions, for general informational purposes only. Consult your own attorney if you are in need of legal advice.

Contents

License Versioning History

The chart below presents the major license versions, launch dates, and blog posts announcing major public comment periods, the launch of each license suite, and improvements. It does not reference the unfinished version 3.x (3.01 or 3.5) licenses, which did not include active public consultation and were never published. Version 4.0 is the premier, recommended Creative Commons license suite.

License version [1] Release date Calls for public comment Launch announcement Explanation of changes from prior version
1.0 2002 Dec 16 Creative Commons Unveils Machine-Readable Copyright Licenses
2.0 2004 May 25 Versioning -- Public Review Begins Announcing (and explaining) our new 2.0 licenses Announcing (and explaining) our new 2.0 licenses
2.5 2005 June Tweaking CC's Standard Attribution Language -- An Invitation to Comment Comments Period Drawing to a close for Draft License Version 2.5
3.0 2007 Feb 23 Version 3.0 -- Public Discussion Launched Version 3.0 Launched Creative Commons Version 3.0 Licenses -- A Brief Explanation
4.0 2013 Nov 25 CC’s Next Generation Licenses — Welcome Version 4.0!
  1. ↑ Note that CC released a version 2.1 suite for jurisdictions like Spain, Australia, and Japan, whose localized ports of the 2.0 suite contained errors.

International License Development Process

Creative Commons develops, releases, and updates its public copyright licenses (and other legal tools) via an open and inclusive process of engagement with Creative Commons’ global network of attorneys and affiliates, as well as varied communities and constituents. The process culminates in the publication of the preferred, most up-to-date set of CC licenses for use around the world. Creative Commons released its latest version of the licenses in November 2013, the 4.0 international licenses.

The public license development process includes the publication of drafts, formal comment periods, and transparent decision-making. In recognition of its stewardship role, CC has also made public commitments about the development of its ShareAlike licenses: the Statement of Intent for Attribution-ShareAlike licenses following the publication of 3.0. After publication of 4.0, Creative Commons posted for public comment a continuation of that statement, but that has not been finalized for lack of demonstrated need or interest of the community.

While each version of licenses is drafted to conform with copyright law, the version 4.0 license suite includes significant improvements to ensure the licenses operate well internationally. Through extensive consultation with our global network of legal affiliates, the 4.0 international license suite is designed for use in jurisdictions around the world, without the need for localization beyond translation. CC has an established a policy for official translations of the 4.0 licenses as well as other legal tools.

Prior to version 4.0, Creative Commons granted permission to legal experts around the world to adapt (or “port”) the licenses where necessary to more fully align the text with the laws of different legal jurisdictions, and to translate the licenses to the local language(s). For the 4.0 suite, every effort has been made to avoid the need to port (though we will support official language translations). CC may consider requests to port the 4.0 suite in 2014, but only where a compelling need is demonstrated. If CC decides to consider requests, in no case will CC grant permission if the basis for doing so is to include a choice of law or if the change presented would otherwise alter the basic operation of the licenses. CC will post more information on the topic of porting in Q2 of 2014.

License Suite Versions

The chart below and linked explanations that follow detail some of the improvements and important similarities among Creative Commons license versions. Some of the explanations contain links to further information on the topic.

General license features

License Suite Version 1.0 2.0 2.5 3.0 4.0
All international (unported/generic) and ported licenses
Nomenclature (for unported licenses) Generic license Generic license Generic license International (unported) license International license
License scope (beyond copyright)
Express permission granted under sui generis database rights No No No EU ports only Yes
License conditions apply to sui generis database rights No Few ports only Few ports only No Yes
Treatment of moral rights Not addressed Not addressed Not addressed Varied Waived/not asserted
Trademark and patent explicitly reserved No No No No Yes
Other license features
Representations and warranties from licensor included Yes No No No No
Licensor expressly waives rights to enforce, and grants permission to circumvent, technological protection measures No No No No Yes
Automatic reinstatement after termination if violations corrected No No No No Yes, if corrected within 30 days
Express reservation of right by collecting society to collect royalty Not addressed Expressly waived where possible Expressly waived where possible Expressly waived where possible Expressly waived where possible
Element-specific features
Compatibility mechanism in BY-SA licenses same license only same license, later versions, or ports same license, later versions, or ports same license, later versions, ports, or CC-designated compatible licenses same license, later versions, CC-designated compatible licenses (including designated ports)
Compatibility mechanism in BY-NC-SA licenses No No No No Yes
Adaptations of SA material usable under conditions of adapter's license Yes (because adapter's license had to be same license) No No No Yes
Adaptations of NoDerivatives material permitted when not shared No No No No Yes

Attribution-specific elements

License Suite Version 1.0 2.0 2.5 3.0 4.0
Attribution reasonable to means, medium, and context Medium and means, with exceptions Medium and means, with exceptions Medium and means, with exceptions Medium and means, with exceptions Explicit
Reasonableness applies to all attribution requirements All but license notices All but license notices All but license notices All but license and copyright notices All
Licensors may name other attribution parties Implied Implied Implied Explicit Explicit
Licensors may request removal of attribution Adaptations and collections only Adaptations and collections only Adaptations and collections only Adaptations and collections only Always
Title of work required Yes Yes Yes Yes No
URI required No If contains copyright notice or licensing information If contains copyright notice or licensing information If contains copyright notice or licensing information Yes
"No endorsement" clause included No No No Yes Yes
Modifications must be indicated No No No Yes, but only adaptations Yes

Detailed attribution comparison chart

1.0 2.0 3.0 4.0
Author if supplied Author if supplied Author if supplied and attribution parties if designated in copyright notice, TOS, or other reasonable means Creator if supplied and attribution parties if designated in reasonable manner
Copyright notices if supplied Copyright notices if supplied Copyright notices if supplied Copyright notice if supplied
Title if supplied Title if supplied Title if supplied N/A
Notices that refer to Public License and the disclaimer of warranties if supplied Notices that refer to Public License and the disclaimer of warranties if supplied Notices that refer to Public License and the disclaimer of warranties if supplied Notice that refers to Public License and notice that refers to the disclaimer of warranties if supplied
N/A To the extent practicable, URI licensor specifies to be associated with the work (but only if references copyright notice or licensing info) To the extent practicable, URI licensor specifies to be associated with the work (but only if references copyright notice or licensing info) To the extent practicable, URI or link to the material if supplied
If adaptation, credit indicating Work has been used If adaptation, credit indicating Work has been used If adaptation, credit indicating Work has been used and reasonable steps taken to identify that changes were made to the original Indicate if you modified the material; retain an indication of previous modifications
Text/URI for Public License Text/URI for Public License Text/URI for Public License Indicate the material is available under Public License and include text/URI/link
If collection or adaptation, remove reference to author and licensor upon request to the extent practicable If collection or adaptation, remove reference to author and licensor upon request to the extent practicable If collection or adaptation, remove reference to author and licensor upon request to the extent practicable Remove attribution information upon request to the extent reasonably practicable
Copyright notice, author, title, credit noting use of original in adaptation – all may be implemented in any reasonable manner, so long as at least as prominent as other authorship credit if an adaptation or collection Copyright notice, author, title, URI, credit noting use of original in adaptation – all may be implemented in any reasonable manner, so long as at least as prominent as other authorship credit if an adaptation or collection Author, title, URI, credit noting use of original in adaptation -- all reasonable to medium and means All reasonable to medium, means, and context


Features remaining unchanged

License Features

Nomenclature (for international licenses)

The 4.0 licenses are referred to as "international."

Version 3.0 licenses were referred to as "unported" licenses until 2010, at which point they were re-branded as the "international" licenses. At that point, CC added a global flag to the licenses and deeds and changed the reference in the Chooser (among other things). In the 1.0, 2.0, and 2.5 versions, the international licenses were called the “generic” licenses. The generic licenses were drafted to conform with U.S. copyright law.

Starting with version 3.0, Creative Commons drafted its core suite of licenses to conform to relevant international treaties and drafting conventions. In this sense, version 3.0 and the current 4.0 international license suites are jurisdiction-agnostic: these licenses do not mention and are not drafted against any particular jurisdiction's laws or statutes. They are intended to function without adjustment in all jurisdictions around the world.

License scope (beyond copyright)

Sui generis database rights

The 4.0 international suite licenses database rights along with copyright. Where the use of a database under a CC license implicates sui generis database rights, whether or not copyright is implicated, that use is subject to the terms and conditions of the license. If sui generis rights are not implicated—for example, if the use is in a jurisdiction where these rights do not exist, or if the database is not protected by the laws of a jurisdiction where such rights exist— such uses are not regulated by the license if copyright or neighboring rights do not apply. A few early (2.0, 2.5) European jurisdiction license ports also licensed database rights subject to the terms and conditions of the license.

In 3.0, the international (unported) license suite does not mention sui generis rights. However, ported 3.0 licenses for jurisdictions where those rights exist address them according to CC's 3.0 database rights policy. Under this policy, version 3.0 EU jurisdiction ports must license sui generis rights subject to the terms and conditions of the license just like copyright and neighboring rights, but also must waive license restrictions and conditions (attribution, ShareAlike, etc) for uses triggering database rights—so that if the use of a database published under a CC license implicated only database rights but not copyright, the CC license requirements and prohibitions would not apply to that use. The license conditions and restrictions, however, continue to apply to all uses triggering copyright. Other ports and the 3.0 international license are silent on sui generis database rights: databases and data are licensed (i.e., subject to restrictions detailed in the license) to the extent copyrightable, and if data in the database or the database itself are not copyrightable the license restrictions do not apply to those parts (though they still apply to the remainder). Thus, regardless of the CC 3.0 license at play (unported, an EU port, another port), uses that implicate only database rights will not trigger the license conditions, while uses that implicate copyright will.

Neither the international nor the ported licenses that address database rights export the sui generis rights to jurisdictions where such rights are not recognized (the ported licenses accomplish this as well through inclusion of a territoriality limitation). This avoids the imposition of restrictions based on sui generis rights via contract where those rights are not enforceable or recognized. You may compare how different jurisdictions implemented this section of the license.

Treatment of moral rights

In version 4.0, moral rights are waived to the limited extent necessary to exercise the licensed rights.

While the existence and extent of moral rights differ by jurisdiction, the most consistently present rights are those of attribution and integrity (the right to prevent or halt the prejudicial use of one’s work by another). The 1.0, 2.0, and 2.5 licenses were drafted to conform to U.S. law, and because U.S. law recognizes moral rights in only very limited circumstances, the generic versions of those licenses suites do not address moral rights of authors.

The international licenses began to address moral rights in version 3.0. In version 4.0, moral rights are waived or not asserted to the extent possible under local law, to the limited extent they would otherwise interfere with exercise of the licensed rights. This avoids establishing moral rights through the license where they would not otherwise exist, but recognizes that there are jurisdictions where this limited waiver is not possible. The attribution requirements in Section 3 of the 4.0 licenses may satisfy many jurisdictions' right of attribution; however, they are a requirement of the license regardless of whether moral rights apply to a use.

In the 3.0 license suite, CC addressed moral rights in the international (unported) licenses. CC did not include a waiver of those rights in the international licenses. Instead, the licenses specifically instruct users that they “must not distort, mutilate, modify or take other derogatory action in relation to the Work which would be prejudicial to the Original Author's honor or reputation.” The only exception is where the right to make adaptations would be considered prejudicial to the author's honor and reputation, in which case the licensor waives or agrees not to assert their moral right in order to allow adaptations to be made. The attribution requirement is designed in part to satisfy the right of attribution. In the porting process, some jurisdictions slightly adjusted this provision, with CC’s permission, to specify that moral rights are waived to the extent necessary to effect the license to the degree a waiver is possible under applicable law. You may compare how different jurisdictions implemented this section of the license.

Trademark and patent explicitly not licensed

In the 4.0 licenses, trademark and patent rights are expressly mentioned as not among the rights licensed.

No CC license version licenses patent and trademark rights along with copyright. These rights are treated separately and are not covered by the license. In 4.0, this was made explicit to avoid confusion. However, in all license versions, implied licenses may come into play where these rights would interfere with exercise of the rights granted by the CC license.

Attribution and marking

Attribution reasonable to means, medium, and context

In 4.0, the manner of attribution is explicitly allowed to be reasonable to the means, medium, and context of how one shares a work.

In the 1.0, 2.0, 2.5, and 3.0 licenses, attribution may be reasonable to the medium or means, and applied to all elements other than certain notices where the requirement is firm. In 4.0, this explicit permission applies to the medium, means, and context of use. We believe this to be a clarification rather than a change: attribution reasonable to the means, medium, and context of use should be permissible for works under any CC license. Additionally, the pre-4.0 licenses specified that credit in adaptations and collections should be at least as prominent as credits for other authors; 4.0 is not specific in this regard.

Reasonableness applies to all attribution requirements

In 4.0, all attribution requirements may be fulfilled reasonable to the means, medium, and context of the use.

In earlier license versions, compliance reasonable to means and medium of use was not expressly permitted for all elements, as certain notices were excluded; however, in 4.0 these are included in the elements that may be fulfilled in a reasonable manner.

Credit to others explicit

In 4.0, proper attribution requires credit to designated others where supplied by the licensor.

In the 1.0 and 2.0 licenses, CC licenses contemplated crediting the author only. Versions 2.5 and 3.0 allow licensors to identify another party or organization for attribution (called an “Attribution Party” in these licenses). This feature was introduced in part to alleviate burdensome or difficult attribution situations, such as when many people contribute to a collaborative effort and agree to be credited as a collective body. In licenses with this feature, licensors may designate another party for attribution purposes—such as a sponsor institute, publishing entity or journal—in addition to or instead of the author. You may review some of the concerns raised when CC proposed this change.

Licensors may request removal of attribution

In the 4.0 licenses, a user must remove attribution from a work at the creator's request to the extent it is reasonably practicable to do so. This is true whether the work is modified or unmodified.

All license versions after version 1.0 require attribution. However, legislation in many countries gives authors the right to control the use of their name in association with their works. Therefore, CC licenses require licensees to remove attribution to the creator at his or her request, where it would otherwise be required to include it. In 2.0, 2.5, and 3.0, credit must be removed from adaptations and collections, to the extent practicable, at the creator’s request. In 4.0, the creator may also request removal of credit from the unmodified work.

Title required

The title is not required for proper attribution in the 4.0 licenses. It is required in all earlier versions.

Beginning in version 1.0, one of the requirements for proper attribution was to include the title of the licensed work; this requirement was kept in versions 2.0, 2.5, and 3.0. In Version 4.0, this requirement was eliminated to increase flexibility and ease of compliance, particularly as many works do not have titles. Users are still encouraged to include titles where supplied.

URI required

For 4.0 licensed materials, a URI is required for proper attribution, if it is reasonably practicable to include.

The version 1.0 licenses contained no URI requirement. In version 2.0, CC introduced the requirement to retain a URI associated with a licensed work for proper attribution if it contains copyright notices or licensing information; this was kept through 2.5 and 3.0. In version 4.0, CC reconsidered this requirement. However, it was retained based on feedback from current and potential adopters that it is important for provenance, branding, and other reasons; a URI associated with the work is required as part of attribution if reasonably practicable to retain, regardless of whether it contains copyright notices or licensing information.

"No endorsement" clause included

In version 4.0, the license is clear that it should not be construed as giving permission to suggest the licensor endorses their use and similar.

In some jurisdictions, wrongfully implying that an author, publisher, or anyone else endorses a particular use of a work may be unlawful. Though not explicitly mentioned in the 1.0, 2.0, or 2.5 licenses, this has always been the case. The version 3.0 licenses contain an express no endorsement clause. In version 4.0, this clause is expressed as a limitation on the rights granted by the licensor.

Modifications and adaptations must be indicated

In the 4.0 license suite, licensees are required to indicate if they made modifications to the licensed material. This obligation applies whether or not the modifications produced adapted material. As with all other attribution and marking requirements, this may be done in a manner reasonable to the means, medium, and context. For example, "This section is an excerpt of the original." For trivial modifications, such as correcting spelling errors, it may be reasonable to omit the notice.

In the 3.0 suite, the obligation to indicate if modifications have been made applies if they result in the creation of an adaptation (when allowed by the license). Versions 1.0, 2.0, and 2.5 do not contain this requirement directly; however, the requirement in those licenses that the original work be credited if used in an adaptation (e.g., "French translation of the Work by Original Author") is some indication that the work has been modified. Even when not required, licensees are encouraged to indicate the material has been modified, and ideally (when reasonable) to describe or specify the changes made.

Other license features

Representations and warranties from licensor included

In version 4.0, the licensor does not provide representations and warranties regarding the licensed content.

In the 1.0 license suite, the licensor extends warranties—for instance, that the work does not infringe the work of another. These warranties were eliminated in all subsequent license versions. Versions 2.0, 2.5, 3.0 and 4.0 explicitly offer the work “AS IS” and disclaim all liabilities to the extent allowable by law. In 4.0, an interpretation clause was added to help ensure that the disclaimer would be interpreted as intended given variations in local law. Of course, licensors may continue to offer warranties and specialized disclaimers separately from the license.

Some ports of 3.0 include warranties where they may not be disclaimed under local law. You may compare how different jurisdictions implemented this section of the license.

Licensor expressly waives rights to enforce, and grants permission to circumvent, technological protection measures

Version 4.0 includes an explicit waiver of, or agreement not to assert, any right licensor may otherwise have to enforce anti-circumvention of any effective technological measures applied to licensed material. CC licensors may apply such measures to their own licensed material, but the 4.0 licenses ensure that, to the extent possible, users are able to exercise the licensed rights when applied by or with the permission of the licensor. To reinforce this, the version 4.0 licenses also expressly grant permission to circumvent those measures.

It is always possible for a licensor to upload his or her own work to a platform that applies technological protection measures, even though the licensor chooses to use a CC license. The permission for a third-party platform to apply ETMs is separate from the CC license, and the CC license cannot restrict that additional permission because CC licenses are nonexclusive. In many jurisdictions, that third party may be able to enforce ETMs through civil or criminal anti-circumvention laws even though the licensor has waived or agreed not to assert any such right under the CC license. Licensees should make themselves aware of any legal limits on their ability to circumvent ETMs in advance of doing so.

In versions 1.0, 2.0, 2.5, and 3.0, the waiver of any right to enforce and the permission to circumvent are not express; however, this does not preclude any implied right to do so that may exist.

Automatic restoration of rights after termination if license violations corrected

In version 4.0, licensees may regain their rights to use licensed material after the license terminates by correcting a license violation within 30 days of discovering it.

In all license versions, a breach of the license terms results in automatic termination. Under versions 1.0, 2.0, 2.5, and 3.0, express permission from the licensor is required for licensees to regain their rights to use the work. In version 4.0, a new provision allows the rights to be automatically reinstated without express permission from the licensor, provided that the violation is corrected within 30 days of its discovery. This is similar to provisions in a handful of other public licenses.

In all versions, a licensor may of course reinstate permissions at any time.

Collecting societies regimes addressed

Under 4.0, licensors waive any right to collect royalties under collecting society schemes if they have chosen licenses permitting commercial uses. A licensor may collect royalties for commercial uses for works under the NonCommercial licenses.

Many users of Creative Commons licenses are members of collective rights societies like ASCAP, BMI, BUMA/STEMRA, and others that manage copyright on behalf of owners. Every license version from the 2.0 suite onward contains clauses that account for the existence of those arrangements. They provide, for instance, that for works offered under a NonCommercial license, the licensor retains the right to collect royalties for commercial uses of the work. The structure of the provisions in the 2.0 and 2.5 licenses differs from that in the version 3.0 and 4.0 licenses. The 2.x licenses specifically regulate music, sound recordings, and webcasting. As those licenses were ported to different jurisdictions, those provisions were adjusted to conform to the local collecting society situation.

The version 3.0 licenses and later employ a broad, harmonized strategy to collective rights societies. This strategy still allows jurisdictions to adopt an approach that best aligns with local law and society structure in the 3.0 licenses, but also ensures that the approach is implemented consistently across jurisdictions. In the international license, as regards compulsory royalty collection, the licensor reserves any right they have to collect those royalties in jurisdictions in which collection cannot be waived. In those jurisdictions in which compulsory royalty collection can be waived, the right to collect royalties is waived completely for those licenses that permit commercial use, and is reserved for commercial uses in those licenses that permit NonCommercial use only. For voluntary royalty schema, the licensor reserves the right to collect royalties for commercial uses in those licenses that permit NonCommercial use only, and waives the right to collect such royalties for licenses permitting commercial use. This clause covers both individual royalty collection and, in the event that the licensor is a member of a collecting society that collects such royalties, collection via such societies to the extent permitted by law. Some ports of the version 3.0 licenses include only those clauses that address the particular situation in the jurisdiction. Others have adopted all the language from the international license in hopes of international harmonization, or out of concern that their jurisdiction’s regime may change. You may compare how different jurisdictions implemented this section of the license.

License-specific features

Compatibility mechanism in BY-SA licenses

Under the 4.0 licenses, licensees may use licenses designated by CC as compatible for their contributions to adapted material.

The ShareAlike licenses require that licensees make their contributions to adapted material available under the same terms and conditions, or, where the license allows, under a license designated by CC as compatible. The version 1.0 ShareAlike licenses require that adaptations be made under exactly the same license as applied to the original work. Starting with the release of the 2.x license suites, CC expanded compatibility by allowing contributions to adapted material to be created under the same or later version of the original license, including other ported versions of the same or later version of the license. The 3.0 Attribution-ShareAlike goes one step further, by allowing those contributions to be licensed under under a “Creative Commons Compatible License,” defined to mean licenses approved by CC as essentially equivalent to the 3.0 Attribution-ShareAlike license.

To date, CC has not approved any other licenses as compatible. However, CC will develop a compatibility process shortly following launch of the 4.0 licenses, and begin evaluating other licenses. You can view the list of compatible licenses, and a post about the upcoming compatibility process. You may also want to review CC’s statement of intent for the Attribution-ShareAlike licenses, and a draft statement that sets out further principles for the ShareAlike licenses.

Compatibility mechanism in BY-NC-SA licenses

In the 4.0 licenses, the same compatibility mechanism is present in the BY-NC-SA license as in BY-SA. Adapted material may be licensed under BY-NC-SA, version 4.0 or later, or any license CC has designated as compatible. To date, CC has not identified any other licenses as compatible; the process and criteria will be maintained on the compatibility page. There is no compatibility mechanism in the 1.0, 2.0, 2.5, or 3.0 versions of BY-NC-SA.

Adapted material usable under conditions of adapter's license

In version 4.0, CC added a provision in the ShareAlike licenses that enables downstream licensees to refer only to the adapter’s license when using adapted material that contains the copyrightable contributions of multiple authors. This feature is designed to minimize complexity for reusers where they are using a later version of the ShareAlike license or a compatible license as their adapter's license. In 4.0, users need only refer to a single set of conditions contained in the last license applied to reuse adapted material, rather than parsing the conditions of the original and other adapter's licenses (to the extent the licenses differ).

In all cases, the licenses stack (the later license does not supplant all previously-applied licenses) when adapted material is created. In particular, the license originally applied to the material being remixed continues to apply once remixed, however permission is given in 4.0 for licensees to meet the conditions of the 4.0 license with reference to those in the adapter's license.

Prior to the 4.0 versioning process, CC had not always been clear that the ShareAlike licenses stacked just as they stack for the BY and BY-NC licenses, and reasonable minds do differ on this point. CC believes, however, that this is the best reading of its all of its licenses that permit adaptations prior to 4.0 and, now, has made that explicit in version 4.0.

Adaptations of NoDerivatives material permitted when not shared

In Version 4.0, licensees are granted permission to create adaptations of material licensed under one of the NoDerivatives licenses, but not permission to share the adaptations publicly.

In general, private personal use does not require the permission of the licensor and, therefore, does not require that the conditions of the CC license be followed. In 4.0, NoDerivatives is a partial rather than an absolute limitation on the rights granted. It does not restrict the production of adaptations (an exclusive right of creators under copyright), but it does prohibit the public sharing of those adaptations (also an exclusive right of creators under copyright). This change enables private activities that may result in the creation of adaptations whether intentionally or unintentionally, such as adaptations made in the course or as a result of text and data mining.

The creation of adaptations in connection with those and other activities are not permitted under the 3.0 and earlier versions absent an applicable exception or limitation.

Features remaining unchanged across license versions

Attribution required

All of the CC licenses require attribution where "BY" is a license element, which is all but five of the eleven version 1.0 licenses.The required mode of attribution differs slightly among the versions, and is progressively more flexible with each version. The version 1.0 suite is unique because it contains five CC licenses that do not require attribution. All subsequent license suites make attribution a standard requirement, though the licensor may request removal in certain circumstances. It is also possible under all license versions for a licensor to release works anonymously, and to waive the requirement by not providing authorship information. Where an element of attribution information is not provided by the licensor, the licensee is not required to provide it.

Definition of "NonCommercial"

While the Creative Commons licenses have evolved over time, the scope of permitted uses under the NonCommercial licenses has remained unchanged across all license suites. (In 4.0, there was a small adjustment to the wording of the definition which was not intended to change its scope.) The NonCommercial clause prohibits the exercise of rights granted under the NonCommercial licenses “in any manner that is primarily intended for or directed toward commercial advantage or monetary compensation.” In 2008, Creative Commons conducted a study on the meaning of NonCommercial in the online environment.

During the 4.0 process, CC took another look at the role of these licenses in general as well as the NonCommercial definition, and considered a name change to "Commercial Rights Reserved". The ultimate decision was to leave unchanged the license name and definition.

Application of effective technological measures by users of CC-licensed works prohibited

All CC license versions prohibit licensees (as opposed to licensors) from using effective technological measures such as “digital rights management” software to restrict the ability of those who receive a CC-licensed work to exercise rights granted under the license. To be clear, encryption or an access limitation is not necessarily a technical protection measure prohibited by the licenses. For example, content sent via email and encrypted with the recipient's public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a set of users (e.g., with a username and password) does not restrict use of the work by the recipients. In the cases above, encryption or an access limitation does not violate the prohibition on technological measures because the recipient is not prevented from exercising all rights granted by the license (including rights of further redistribution).

This treatment was re-evaluated during the public process leading to release of the version 3.0 license suite. CC considered arguments in favor of such measures, coupled with an obligation of parallel distribution; these arguments were also reconsidered during the 4.0 process. However, in both versioning processes, those arguments were ultimately rejected.

Note that in 4.0, CC introduced a definition of Effective Technological Measures. This definition is not intended to change the scope of what is and is not allowed, but instead provide long-needed clarification over the scope of the prohibition.

Exceptions and limitations unaffected

All CC licenses only govern uses that would otherwise be restricted by copyright and other closely related rights as provided in the licenses. If a use is not regulated by virtue of an applicable exception or limitation, the license does not apply and there is no need to follow the license conditions. The licenses do not create obligations where they would not otherwise exist.

Effective for all copyrightable material

All Creative Commons license versions may be used with all copyrightable works (though CC recommends against using its licenses for computer software). Such works include compilations of data that exhibit the requisite level of creativity for copyright protection under applicable law. Thus, to the extent compilations of data are protected by copyright, Creative Commons licenses are suitable licenses for granting permission to exercise that right. For the avoidance of doubt, version 3.0 and 4.0 licenses explicitly identify compilations as material that may be licensed.

Note that sui generis database rights (existing separately from any copyright) are not explicitly licensed in the international suite until version 4.0.

Notices must be retained

The CC licenses all require users to retain a copyright notice, a notice of the disclaimers of warranties, and a license notice if supplied with the licensed material.

Synching creates adaptations

In all license versions, synching CC-licensed audio in timed relation with a video to create an audiovisual work creates an adaptation of that audio work for purposes of the license, regardless of whether the new work would be considered an adaptation under the relevant copyright law. This means, for example, that the requirements of ShareAlike are triggered if the audio work is licensed under a ShareAlike license, and that such works may be made but not shared if licensed under a NoDerivatives license as of version 4.0.

No sublicensing

None of the Creative Commons licenses grant permission to sublicense the licensed material. All of the licenses are direct licenses from the original licensor to all recipients. All permissions granted come directly from the original licensor, creating a direct relationship for enforcement and other purposes between the original licensor and all recipients.

Licensing of collections

Including a CC-licensed work in a collection (a work comprised of separate and independent works) is permitted by all CC licenses. However the collective work as a whole is licensed, the license on the collection does not affect the CC license applied to the work.

In 4.0, reference to distribution in a collection was removed from the license as unnecessary. There is no change from previous versions, however.

Licensing of contributions to BY and BY-NC adaptations

The 4.0 licenses make clear for the first time how contributions to adaptations of BY and BY-NC works may be licensed. Specifically, an adapting licensee may apply any license to her contributions provided that license does not prevent users of the adaption from complying with the original license. While new in 4.0, the introduction of this provision is intended as a clarifier only and is not a change from how earlier versions operate.

Licenses

Links to the International (unported) legal code for the six licenses making up the current suite, for each version:

4.0

3.0

2.5

2.0

1.0

Retrieved from "https://wiki.creativecommons.org/index.php?title=License_Versions&oldid=115094"

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#####EOF##### Frequently Asked Questions - Creative Commons
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Frequently Asked Questions

2019-04-02 14:07:11 UTC

These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information.

  • Other CC FAQs: CC0 Public Domain Dedication and Public Domain Mark.
  • “Licensor”, “rights holder”, “owner”, and “creator” may be used interchangeably to refer to the person or entity applying a CC license.
  • Information about the licenses is primarily made with reference to the 4.0 suite, but earlier license versions are mentioned where they differ.
  • Have a question that isn’t answered here? Contact info@creativecommons.org.

Creative Commons does not provide legal advice. This FAQ is for informational purposes and is not a substitute for legal advice. It may not cover important issues that affect you. You should consult with your own lawyer if you have questions.

About CC

What is Creative Commons and what do you do?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. Our legal tools help those who want to encourage reuse of their works by offering them for use under generous, standardized terms; those who want to make creative uses of works; and those who want to benefit from this symbiosis. Our vision is to help others realize the full potential of the internet. CC has affiliates all over the world who help ensure our licenses work internationally and who raise awareness of our work.

Although Creative Commons is best known for its licenses, our work extends beyond just providing copyright licenses. CC offers other legal and technical tools that also facilitate sharing and discovery of creative works, such as CC0, a public domain dedication for rights holders who wish to put their work into the public domain before the expiration of copyright, and the Public Domain Mark, a tool for marking a work that is in the worldwide public domain. Creative Commons licenses and tools were designed specifically to work with the web, which makes content that is offered under their terms easy to search for, discover, and use.

For more information about CC, our main website contains in-depth information about the organization, its staff and board of directors, its history, and its supporters. You can also read CC case studies to learn about some of the inspiring ways CC licenses and tools have been used to share works and support innovative business models. You can find regularly updated information about CC by visiting the blog.

Absolutely not. CC has responded to claims to the contrary. CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

That said, Creative Commons recognizes the need for change in copyright law, and many members of the Creative Commons community are active participants in the copyright reform movement. For more information, see our statement in support of copyright reform.

What does “Some Rights Reserved” mean?

Copyright grants to creators a bundle of exclusive rights over their creative works, which generally include, at a minimum, the right to reproduce, distribute, display, and make adaptations. The phrase “All Rights Reserved” is often used by owners to indicate that they reserve all of the rights granted to them under the law. When copyright expires, the work enters the public domain, and the rights holder can no longer stop others from engaging in those activities under copyright, with the exception of moral rights reserved to creators in some jurisdictions. Creative Commons licenses offer creators a spectrum of choices between retaining all rights and relinquishing all rights (public domain), an approach we call “Some Rights Reserved.”

No. Creative Commons is not a law firm and does not provide legal advice or legal services. CC is similar to a self-help service that offers free, form-based legal documents for others to use. These FAQ answers many of the most common questions. There is also specialized information available on the following pages:

While CC does provide this informational guidance about its licenses and other tools, this information may not apply to your particular situation, and should never be taken as legal advice.

If you’re looking for legal advice about using CC licenses and other tools, we recommend contacting the Creative Commons affiliate in your jurisdiction. CC affiliates are highly connected to the communities of copyright lawyers in their countries. We also offer a list of lawyers and organizations who have identified themselves as willing to provide information to others about CC licensing issues. However, please note that CC does not provide referral services, and does not endorse or recommend any person on that list.

Does Creative Commons collect or track material licensed under a CC license?

No, CC does not collect content or track licensed material. However, CC builds technical tools that help the public search for and use works licensed under our licenses and other legal tools, and many others have built such tools as well. CC Search is one tool developed by CC to help the public discover works offered under Creative Commons licenses on the internet via CC-aware search engines and repositories.

What do the Creative Commons buttons do?

The CC buttons are a shorthand way to convey the basic permissions associated with material offered under CC licenses. Creators and owners who apply CC licenses to their material can download and apply those buttons to communicate to users the permissions granted in advance. When the material is offered online, the buttons should usually link out to the human-readable license deeds (which, in turn, link to the license itself).

May I use the Creative Commons logo and buttons?

You may download high resolution versions of the Creative Commons logos and use them in connection with your work or your website, provided you comply with our policies. Among other things, if you use the logos on a website or on your work, you may not alter the logos in any respect—such as by changing the font, the proportions, or the colors. CC’s buttons, name, and corporate logo (the “CC” in a circle) are trademarks of Creative Commons. You cannot use them in ways not permitted by our policies unless you first receive express, written permission. This means, for example, that you cannot (without our permission) print your own buttons and t-shirts using CC logos, although you can purchase them in CC’s store.

I love Creative Commons. How can I help?

Please support CC by making a donation through our support page. Donations can be handled through PayPal or by credit card. You can also support CC by visiting our store.

CC always welcomes your feedback, which you can provide by emailing . You can also participate in CC’s email discussion lists and share feedback and ideas in one of those forums.

If you are a software developer, sysadmin, or have other technical expertise, please join our developer community and help build the tools that build the commons.

Finally, one of the best ways to support CC is by supporting our causes yourself. Follow our blog to find out about current issues where you can help get involved and spread the word, and advocate for free and open licensing in your own communities.

Why does Creative Commons run an annual fundraising campaign? What is the money used for and where does it go?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, with affiliates all over the world who help ensure our licenses work internationally and raise awareness about our work. Our tools are free, and our reach is wide.

In order to…

  • continue developing our licenses and public domain tools to make sure they are legally and technically up-to-date around the world,
  • help creators implement these tools on websites through best practices and individual assistance,
  • enable CC licensing on major content-sharing platforms,
  • enhance CC-licensed resource search and discovery,
  • advocate for CC licensing and open policies in education, science, and culture, and
  • myriad other activities we’re forgetting to mention, such as all the everyday boring but essential operations that go into running an organization

…we need $ to make it all happen! For more information, please take a look at our Annual Report.

Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. It is essential we have the public’s support because it is the creators and users of CC material who make our tools relevant in this digital age. They depend on the tools and services CC provides through their reuse and remix of the rich, open resources available on Wikipedia, Flickr, SoundCloud, Vimeo, Europeana, MIT OpenCourseWare, the Library of Science, Al Jazeera, and YouTube—just to name a few. Many of these people donate $10, $25, or $50 to CC, to help keep it up and running so we can continue to provide our tools and services for free, as a nonprofit organization. The more people who donate to CC, the more independent it will remain.

General License Information

What are Creative Commons licenses?

Creative Commons licenses provide an easy way to manage the copyright terms that attach automatically to all creative material under copyright. Our licenses allow that material to be shared and reused under terms that are flexible and legally sound. Creative Commons offers a core suite of six copyright licenses. Because there is no single “Creative Commons license,” it is important to identify which of the six licenses you are applying to your material, which of the six licenses has been applied to material that you intend to use, and in both cases the specific version.

All of our licenses require that users provide attribution (BY) to the creator when the material is used and shared. Some licensors choose the BY license, which requires attribution to the creator as the only condition to reuse of the material. The other five licenses combine BY with one or more of three additional license elements: NonCommercial (NC), which prohibits commercial use of the material; NoDerivatives (ND), which prohibits the sharing of adaptations of the material; and ShareAlike (SA), which requires adaptations of the material be released under the same license.

CC licenses may be applied to any type of work, including educational resources, music, photographs, databases, government and public sector information, and many other types of material. The only categories of works for which CC does not recommend its licenses are computer software and hardware. You should also not apply Creative Commons licenses to works that are no longer protected by copyright or are otherwise in the public domain. Instead, for those works in the worldwide public domain, we recommend that you mark them with the Public Domain Mark.

How do CC licenses operate?

CC licenses are operative only when applied to material in which a copyright exists, and even then only when a particular use would otherwise not be permitted by copyright. Note that the latest version of CC licenses also applies to rights similar to copyright, such as neighboring rights and sui generis database rights. Learn more about the scope of the licenses. This means that CC license terms and conditions are not triggered by uses permitted under any applicable exceptions and limitations to copyright, nor do license terms and conditions apply to elements of a licensed work that are in the public domain. This also means that CC licenses do not contractually impose restrictions on uses of a work where there is no underlying copyright. This feature (and others) distinguish CC licenses from some other open licenses like the ODbL and ODC-BY, both of which are intended to impose contractual conditions and restrictions on the reuse of databases in jurisdictions where there is no underlying copyright or sui generis database right.

All CC licenses are non-exclusive: creators and owners can enter into additional, different licensing arrangements for the same material at any time (often referred to as “dual-licensing” or “multi-licensing”). However, CC licenses are not revocable once granted unless there has been a breach, and even then the license is terminated only for the breaching licensee.

There are also videos and comics that offer visual descriptions of how CC licenses work.

Which is the latest version of the licenses offered by Creative Commons?

In November 2013, Creative Commons published the version 4.0 license suite. These licenses are the most up-to-date licenses offered by CC, and are recommended over all prior versions. You can see how the licenses have been improved over time on the license versions page. 4.0 has been drafted to be internationally valid, and will have official translations becoming available after publication.

No. By design, CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions. This is a fundamental principle of CC licensing.

Who gives permission to use material offered under Creative Commons licenses?

Our licenses and legal tools are intended for use by anyone who holds copyright in the material. This is often, but not always, the creator.

Creative Commons offers licenses and tools to the public free of charge and does not require that creators or other rights holders register with CC in order to apply a CC license to a work. This means that CC does not have special knowledge of who uses the licenses and for what purposes, nor does CC have a way to contact creators beyond means generally available to the public. CC has no authority to grant permission on behalf of those persons, nor does CC manage those rights on behalf of others.

If you would like to obtain additional permissions to use the work beyond those granted by the license that has been applied, or if you’re not sure if your intended use is permitted by the license, you should contact the rights holder.

Are Creative Commons licenses enforceable in a court of law?

Creative Commons licenses are drafted to be enforceable around the world, and have been enforced in court in various jurisdictions. To CC’s knowledge, the licenses have never been held unenforceable or invalid.

CC licenses contain a “severability” clause. This allows a court to eliminate any provision determined to be unenforceable, and enforce the remaining provisions of the license.

What happens if someone applies a Creative Commons license to my work without my knowledge or authorization?

CC alerts prospective licensors they need to have all necessary rights before applying a CC license to a work. If that is not the case and someone has marked your work with a CC license without your authorization, you should contact that person and tell them to remove the license from your work. You may also wish to contact a lawyer. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What are the international (“unported”) Creative Commons licenses, and why does CC offer “ported” licenses?

One of CC’s goals is ensuring that all of its legal tools work globally, so that anyone anywhere in the world can share their work on globally standard terms. To this end, CC offers a core suite of six international copyright licenses (formerly called the “unported”) that are drafted based largely on various international treaties governing copyright, taking into account as many jurisdiction-specific legal issues as possible. The latest version (4.0) has been drafted with particular attention to the needs of international enforceability.

For version 3.0 and earlier, Creative Commons has also offered ported versions of its six core licenses for many jurisdictions (which usually correspond to countries, but not always). These ported licenses are based on the international license suite but have been modified to reflect local nuances in the expression of legal terms and conditions, drafting protocols, and language. The ported licenses and the international licenses are all intended to be legally effective everywhere. CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

Can governments and intergovernmental organizations (“IGOs”) use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors’ overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the “machine readable” layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]”; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you’re uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC’s Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC’s legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC’s Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and running pilot programs that allow creators to use CC licenses in some circumstances.

If you are already a member of a collecting society and want to use CC licenses, you are welcome to encourage your collecting society to give you the option of Creative Commons licensing.

Can I still make money from a work I make available under a Creative Commons license?

Yes. One of our goals is to encourage creators and rights holders to experiment with new ways to promote and market their work. There are several possible ways of doing this.

CC’s NonCommercial (NC) licenses allow rights holders to maximize distribution while maintaining control of the commercialization of their works. If you want to reserve the right to commercialize your work, you may do this by choosing a license with the NC condition. If someone else wants to use your work commercially and you have applied an NC license to your work, they must first get your permission. As the rights holder, you may still sell your own work commercially.

You may also use funding models that do not depend on using an NC license. For example, many artists and creators use crowdfunding to fund their work before releasing it under a less restrictive license. Others use a “freemium” model where the basic content is free, but extras such as a physical printed version or special access to a members-only website are for paying customers only.

For more information and ideas, The Power of Open presents case studies of artists, businesspeople, and organizations who use CC.

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

No. CC licenses allow for flexibility in the way credit is provided depending on the medium, means, and context in which a licensee is redistributing licensed material. For example, providing attribution to the creator when using licensed material in a blog post may be different than doing so in a video remix. This flexibility facilitates compliance by licensees and reduces uncertainty about different types of reuse—minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded.

Can I change the license terms or conditions?

Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons” or “CC” license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials. Keep in mind that altering terms and conditions is distinct from waiving existing conditions or granting additional permissions than those in the licenses. Licensors may always do so, and many choose to do so using the CC+ protocol to readily signal the waiver or additional permission on the CC license deed.

CC does not assert copyright in the text of its licenses, so you are permitted to modify the text as long as you do not use the CC marks to describe it. However, we do not recommend this. We also advise against modifying our licenses through indirect means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other material. This would prevent licensees from using, combining, or remixing content under your customized license with other content under the same or compatible CC licenses.

Modifying licenses creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.

Can I waive license terms or conditions?

Yes. You may always choose to waive some license terms or conditions. Material licensed under a CC license but with additional permissions granted or conditions waived may be compatibly licensed with other material under the same license. Our CC+ protocol provides a mechanism for facilitating that grant or waiver.

Can I enter into separate or supplemental agreements with users of my work?

Yes. CC licenses are nonexclusive. Licensors always have the option of entering into separate arrangements for the sharing of their material in addition to applying a CC license. However, those different arrangements are not “CC” or “Creative Commons” licenses.

Separate agreements: You may offer the licensed material under other licenses in addition to the CC license (a practice commonly referred to as “dual licensing”). For example, you may wish to license a video game soundtrack under both a CC license and the GPL, so that it may be used under either set of terms. A reuser may then choose which set of terms to comply with. Or, for example, you may offer your material to the public under a NonCommercial license, but offer commercial permissions to fee-paying customers.

Supplemental agreements: Problems arise when licensors design those terms or arrangements to serve not as separate, alternative licensing arrangements but as supplemental terms having the effect of changing the standard terms within the CC license. While you may offer separate terms and conditions to other parties, you should not do so in such a way that would neutralize terms of the CC license.

Except in the limited situation where more permissions are being granted or license conditions are waived, if the additional arrangement modifies or conflicts with the CC license terms, then the resulting licensing arrangement is no longer a CC licensing arrangement. To avoid confusing those who may mistakenly believe the work is licensed under standard CC terms, we must insist that in these instances licensors not use our trademarks, names, and logos in connection with their custom licensing arrangement.

It should be noted that any agreements you make with other parties only have an effect on the other parties to that agreement, and do not apply to anyone else receiving the licensed material. For example, if there are terms of use that apply to visitors to your website on which you host CC-licensed material, your terms of use may apply to visitors to that website, but not to anyone who receives copies of the CC-licensed material elsewhere. Even for the visitors to your website, any separate terms and conditions do not become part of the license—they remain a separate contractual agreement, and violation of this agreement does not constitute copyright infringement.

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

A CC license terminates automatically when its conditions are violated. For example, if a reuser of CC-licensed material does not provide the attribution required when sharing the work, then the user no longer has the right to continue using the material and may be liable for copyright infringement. The license is terminated for the user who violated the license. However, all other users still have a valid license, so long as they are in compliance.

Under the 4.0 licenses, a licensee automatically gets these rights back if she fixes the violation within 30 days of discovering it.

If you apply a Creative Commons license and a user violates the license conditions, you may opt to contact the person directly to ask them to rectify the situation or consult a lawyer to act on your behalf. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

As long as users abide by license terms and conditions, licensors cannot control how the material is used. However, CC licenses do provide several mechanisms that allow licensors to choose not to be associated with their material or to uses of their material with which they disagree.

First, all CC licenses prohibit using the attribution requirement to suggest that the licensor endorses or supports a particular use. Second, licensors may waive the attribution requirement, choosing not to be identified as the licensor, if they wish. Third, if the licensor does not like how the material has been modified or used, CC licenses require that the licensee remove the attribution information upon request. (In 3.0 and earlier, this is only a requirement for adaptations and collections; in 4.0, this also applies to the unmodified work.) Finally, anyone modifying licensed material must indicate that the original has been modified. This ensures that changes made to the original material–whether or not the licensor approves of them–are not attributed back to the licensor.

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

The use of any effective technical protection measures (such as digital rights management or “DRM”) by licensees to prevent others from exercising the licensed rights is prohibited.

Not all kinds of encryption or access limitations are prohibited by the licenses. For example, sending content via email and encrypting it with the recipient’s public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a particular set of users (for example, by requiring a username and password to enter a site) does not restrict further use of the content by the recipients. In these examples, these things do not prevent the recipient from exercising all of the rights granted by the license, including the right to redistribute it further.

If someone is applying effective technological measures to your CC-licensed material that do restrict exercise of the licensed rights (such as applying DRM that restricts copying), this is a violation of the license terms unless you have chosen to grant this permission separately.

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

No. CC licenses grant permission to use the licensed material in any media or format regardless of the format in which it has been made available. This is true even if you have applied a NoDerivatives license to your work. Once a CC license is applied to a work in one format or medium, a licensee may use the same work in any other format or medium without violating the licensor’s copyright.

What if I change my mind about using a CC license?

CC licenses are not revocable. Once something has been published under a CC license, licensees may continue using it according to the license terms for the duration of applicable copyright and similar rights. As a licensor, you may stop distributing under the CC license at any time, but anyone who has access to a copy of the material may continue to redistribute it under the CC license terms. While you cannot revoke the license, CC licenses do provide a mechanism for licensors to ask that others using their material remove the attribution information. You should think carefully before choosing a Creative Commons license.

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

CC offers six core licenses, each of which grants a different set of permissions. Before you use CC-licensed material, you should review the terms of the particular license to be sure your anticipated use is permitted. If you wish to use the work in a manner that is not permitted by the license, you should contact the rights holder (often the creator) to get permission first, or look for an alternative work that is licensed in a way that permits your anticipated use. Note that if you use material in a way that is not permitted by the applicable license and your use is not otherwise permitted by an applicable copyright exception or limitation, the license is automatically terminated and you may be liable for copyright infringement, even if you are eligible to have your rights reinstated later.

Before using material offered under a Creative Commons license, you should know that CC licenses only grant permissions needed under copyright and similar rights, and there may be additional rights you need to use it as intended. You should also understand that licensors do not offer warranties or guarantees about the material they are licensing unless expressly indicated otherwise. All materials are licensed “AS IS” and a disclaimer of warranties applies unless expressly provided otherwise. If you want to ask for a warranty or guarantee about rights to use the material, you should talk with the licensor before using it.

Does a Creative Commons license give me all the rights I need to use the work?

It depends. CC licenses do not license rights other than copyright and similar rights (which include sui generis database rights in version 4.0). For example, they do not license trademark or patent rights, or the publicity, personality, and privacy rights of third parties. However, licensors agree to waive or not assert any moral rights, publicity rights, personality rights, or privacy rights they themselves hold, to the limited extent necessary to allow exercise of the licensed rights. Any rights outside of the scope of the license may require clearance (i.e., permission) in order to use the work as you would like.

Additionally, creative works sometimes incorporate works owned by others (known as “third party content”), often used pursuant to a CC license or under an exception or limitation to copyright such as fair use in the U.S. You should make sure you have permission to use any third party content contained in the work you want to use, or that your use is otherwise allowed under the laws of your jurisdiction, particularly in cases such as fair use where your right to use the content depends on the particular context in which you plan to use it.

All CC licenses contain a disclaimer of warranties, meaning that the licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work. You may wish to obtain legal advice before using CC-licensed material if you are not sure whether you have all the rights you need.

What if there are sui generis database rights that apply to my use of a CC-licensed database?

In the somewhat limited circumstances where sui generis database rights apply to your use, special conditions apply and there are more specific considerations you should be aware of. Under 4.0, sui generis database rights are licensed alongside copyright, but the treatment in earlier versions of the license varies. A fuller explanation of these variations and related considerations is available in the Data FAQ.

Where can I find material offered under a CC license?

If you are looking for material offered under a Creative Commons license, CC Search is a good starting point. There is also a directory of organizations and individuals who use CC licenses. Some media sites, such as Flickr, have search filters for material licensed using CC’s licenses.

Be sure to confirm that the material you want to use is actually under a CC license, as search results may sometimes be misleading.

Are Creative Commons works really free to use?

Yes. While many if not most CC-licensed works are available at no cost, some licensors charge for initial access to CC-licensed works—for example, by publishing CC-licensed content only to subscribers, or by charging for downloads. However, even if you have paid an access charge, once you have a copy of CC-licensed material, you may make any further uses permitted by the license without paying licensing fees.

(If you wish to make uses that are not permitted by the license—for example, making a commercial use of an NC-licensed photo—the licensor may charge for those additional rights.)

What should I know about differences between the international licenses and the ported licenses?

As a licensee, you should always read and understand the relevant license’s legal code before using CC-licensed material, particularly if you are using material that is licensed using a ported license with which you are unfamiliar. Our porting process involved adapting the international licenses to the legal framework of different jurisdictions, and in that process slight adjustments may have been made that you should make yourself aware of in advance of using the material. You can find more information about the ported licenses in the Jurisdiction Database.

There are currently no ported versions of 4.0, and we expect there will be few, if any, in the future. All official translations of the 4.0 international licenses are equivalent: you may substitute one for another depending on your preferred language.

However, the ported versions of 3.0 and earlier sometimes contain small differences from the international license depending on the ways in which they have been adapted to their jurisdictions. For example, a handful of the ported licenses contain provisions specifying which laws will apply in the event the licensor chooses to enforce the license, and a few of the ported licenses contain forum selection clauses.

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Contact the rights holders to ask for permission. Otherwise, unless an exception or limitation to copyright applies, your use of the material may violate the Creative Commons license. If you violate the terms of the license, your rights to use the material will be automatically terminated, and you may be liable for copyright infringement.

Do I always have to comply with the license terms? If not, what are the exceptions?

You need to comply with the license terms if what you are doing would otherwise require permission from the rights holder. If your use would not require permission from the rights holder because it falls under an exception or limitation, such as fair use, or because the material has come into the public domain, the license does not apply, and you do not need to comply with its terms and conditions. Additionally, if you are using an excerpt small enough to be uncopyrightable, the license does not apply to your use, and you do not need to comply with its terms.

However, if you are using excerpts of CC-licensed material which individually are minimal and do not require license compliance, but together make up a significant copyrightable chunk, you must comply with the license terms. For example, if you quote many individual lines from a poem across several sections of a blog post, and your use is not a fair use, you must comply with the license even though no individual line would have been a substantial enough portion of the work to require this.

Attribution

How do I properly attribute material offered under a Creative Commons license?

All CC licenses require users to attribute the creator of licensed material, unless the creator has waived that requirement, not supplied a name, or asked that her name be removed. Additionally, you must retain a copyright notice, a link to the license (or to the deed), a license notice, a notice about the disclaimer of warranties, and a URI if reasonable. For versions prior to 4.0, you must also provide the title of the work. (Though it is not a requirement in 4.0, it is still recommended if one is supplied.)

You must also indicate if you have modified the work—for example, if you have taken an excerpt, or cropped a photo. (For versions prior to 4.0, this is only required if you have created an adaptation by contributing your own creative material, but it is recommended even when not required.) It is not necessary to note trivial alterations, such as correcting a typo or changing a font size. Finally, you must retain an indication of previous modifications to the work.

CC licenses have a flexible attribution requirement, so there is not necessarily one correct way to provide attribution. The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner. Additionally, you may satisfy the attribution requirement by providing a link to a place where the attribution information may be found.

While the attribution requirements in the license are the minimum requirement, we always recommend that you follow the best practices for the kind of use you are making. For example, if you are using scientific data marked with CC0, you are not required to give attribution at all, but we recommend that you give the same credit you would give to any other source—not because the license requires it, but because that is the standard for letting others know the source of the data.

The CC website offers some best practices to help you attribute properly, and the CC Australia team has developed a helpful guide to attributing CC-licensed material (.pdf) in different formats. Note that the attribution and marking requirements vary slightly among license versions. See here for a chart comparing the specific requirements.

Do I need to be aware of anything else when providing attribution?

Yes. You need to be careful not to imply any sponsorship, endorsement, or connection with the licensor or attribution party without their permission. Wrongfully implying that a creator, publisher, or anyone else endorses you or your use of a work may be unlawful. Creative Commons makes the obligation not to imply endorsement explicit in its licenses. In addition, if the licensor of a work requests that you remove the identifying credit, you must do so to the extent practical.

Additionally, when you are using a work that is an adaptation of one or more pre-existing works, you may need to give credit to the creator(s) of the pre-existing work(s), in addition to giving credit to the creator of the adaptation.

Do I always have to attribute the creator of the licensed material?

You must attribute the creator when you provide material to the public by any means that is restricted by copyright or similar rights. If you are using the material personally but are not making it or any adaptations of it available to others, you do not have to attribute the licensor. Similarly, if you are only distributing the material or adaptations of it within your company or organization, you do not have to comply with the attribution requirement. Learn more about when compliance with the license is not required.

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such.

Can I take a CC-licensed work and use it in a different format?

Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.

This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work.

How do I know if a low-resolution photo and a high-resolution photo are the same work?

As with most copyright questions, it will depend on applicable law. Generally, to be different works under copyright law, there must be expressive or original choices made that make one work a separate and distinct work from another. The determination depends on the standards for copyright in the relevant jurisdiction.

Under U.S. copyright law, for example, mechanical reproduction of a work into a different format is unlikely to create a separate, new work. Consequently, digitally enhancing or changing the format of a work absent some originality, such as expressive choices made in the enhancement or encoding, will not likely create a separate work for copyright purposes. The creative bar is low, but it is not non-existent. Accordingly, in some jurisdictions releasing a photograph under a CC license will give the public permission to reuse the photograph in a different resolution.

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

The NoDerivs licenses (BY-ND and BY-NC-ND) prohibit reusers from creating adaptations. What constitutes an adaptation, otherwise known as a derivative work, varies slightly based on the law of the relevant jurisdiction.

Incorporating an unaltered excerpt from an ND-licensed work into a larger work only creates an adaptation if the larger work can be said to be built upon and derived from the work from which the excerpt was taken. Generally, no derivative work is made of the original from which the excerpt was taken when the excerpt is used to illuminate an idea or provide an example in another larger work. Instead, only the reproduction right of the original copyright holder is being exercised by person reusing the excerpt. All CC licenses grant the right to reproduce a CC-licensed work for noncommercial purposes (at a minimum). For example, a person could make copies of one chapter of an ND-licensed book and not be in violation of the license so long as other conditions of the license are met.

There are exceptions to that general rule, however, when the excerpts are combined with other material in a way that creates some new version of the original from which the excerpt is taken. For example, if a portion of a song was used as part of a new song, that may rise to the level of creating an adaptation of the original song, even though only a portion of it was used and even if that portion was used as-is.

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

No. When you receive material under a Creative Commons license, you may not place additional terms and conditions on the reuse of the work. This includes using effective technological measures (ETMs) that would restrict a licensee’s ability to exercise the licensed rights.

A technological measure is considered an ETM if circumventing it carries penalties under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements. Generally, this means that the anti-circumvention laws of various jurisdictions would cover attempts to break it.

For example, if you remix a CC-licensed song, and you wish to share it on a music site that places digital copy-restriction on all uploaded files, you may not do this without express permission from the licensor. However, if you upload that same file to your own site or any other site that does not apply DRM to the file, and a listener chooses to stream it through an app that applies DRM, you have not violated the license.

Note that merely converting material into a different format that is difficult to access or is only available for certain platforms does not violate the restriction; you may do this without violating the license terms.

Can I share CC-licensed material on password-protected sites?

Yes. This is not considered to be a prohibited measure, so long as the protection is merely limiting who may access the content, and does not restrict the authorized recipients from exercising the licensed rights. For example, you may post material under any CC license on a site restricted to members of a certain school, or to paying customers, but you may not place effective technological measures (including DRM) on the files that prevents them from sharing the material elsewhere.

(Note that charging for access may not be permitted with NC-licensed material; however, it is not disallowed by the restriction on ETMs.)

Can I share CC-licensed material on file-sharing networks?

Yes. All CC licenses allow redistribution of the unmodified material by any means, including distribution via file-sharing networks. Note that file-trading is expressly considered to be noncommercial for purposes of compliance with the NC licenses. Barter of NC-licensed material for other items of value is not permitted.

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

If you have received material under a CC license that is encumbered with effective technological measures (such as digital rights management or DRM), you may or may not be permitted to break it, depending on the circumstances. By releasing material under a CC license, the licensor agrees not to assert any rights she may have to prevent the circumvention of effective technological measures. (Under the 3.0 and earlier licenses, this is implied but not explicit.) However, if she has uploaded it to a site or other distribution channel that itself applies such measures, that site may have the right to prevent you from breaking them, even though the licensor herself cannot do so.

Note that anti-circumvention laws can impose criminal liability in some jurisdictions.

What if I have received CC-licensed material with additional restrictions?

It is possible that CC-licensed material will appear on platforms that impose terms in addition to the copyright license (though Creative Commons strongly discourages restrictions that interfere with exercise of the licensed rights). These additional terms do not form part of the license for the work. For example, if you download CC-licensed material from a site that does not permit downloading, you may be breaking the terms of use of the site, but you are not infringing the CC license. See our guide to Modifying the CC licenses for more guidance and information.

Combining and adapting CC material

When is my use considered an adaptation?

Whether a modification of licensed material is considered an adaptation for the purpose of CC licenses depends primarily on the applicable copyright law. Copyright law reserves to an original creator the right to create adaptations of the original work. CC licenses that allow for adaptations to be shared—all except BY-ND and BY-NC-ND—grant permission to others to create and redistribute adaptations when doing so would otherwise constitute a violation of applicable copyright law. Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable, such as a translation of a novel from one language to another, or the creation of a screenplay based on a novel.

Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation, whether or not it would be considered so under applicable law. Also, under version 4.0, certain uses of databases restricted by sui generis database rights also constitute adaptations (called “Adapted Material” in the 4.0 licenses), whether or not they would be considered adaptations under copyright law. For more details about adaptations in the database context, see the Data FAQ.

Note that all CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license.

Note on terminology: throughout these FAQs, we use the term “remix” interchangeably with “adapt.” Both are designed to mean doing something that constitutes an adaptation under copyright law.

Can I combine material under different Creative Commons licenses in my work?

It depends. The first question to ask is whether doing so constitutes an adaptation. If the combination does not create an adaptation, then you may combine any CC-licensed content so long as you provide attribution and comply with the NonCommercial restriction if it applies. If you want to combine material in a way that results in the creation of an adaptation (i.e. a “remix”), then you must pay attention to the particular license that applies to the content you want to combine.

The NoDerivatives licenses do not permit remixing except for private use (the pre-4.0 licenses do not permit remixing at all, except as allowed by exceptions and limitations to copyright). All the other CC licenses allow remixes, but may impose limitations or conditions on how the remix may be used. For example, if you create a remix with material licensed under a ShareAlike license, you need to make sure that all of the material contributed to the remix is licensed under the same license or one that CC has named as compatible, and you must properly credit all of the sources with the required attribution and license information. Similarly, if you want to use a remix for commercial purposes, you cannot incorporate material released under one of the NonCommercial licenses.

The chart below shows which CC-licensed material can be remixed. To use the chart, find a license on the left column and on the top right row. If there is a check mark in the box where that row and column intersect, then the works can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies. See below for details on how remixes may be licensed.

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If you make adaptations of material under a CC license (i.e. “remix”), the original CC license always applies to the material you are adapting even once adapted. The license you may choose for your own contribution (called your “adapter’s license”) depends on which license applies to the original material. Recipients of the adaptation must comply with both the CC license on the original and your adapter’s license.

  • BY and BY-NC material

When remixing BY or BY-NC material, it is generally recommended that your adapter’s license include at least the same license elements as the license applied to the original material. This eases reuse for downstream users because they are able to satisfy both licenses by complying with the adapter’s license. For example, if you adapt material licensed under BY-NC, your adapter’s license should also contain the NC restriction. See the chart below for more details.

  • BY-SA and BY-NC-SA material

In general, when remixing ShareAlike content, your adapter’s license must be the same license as the license on the material you are adapting. All licenses after version 1.0 also allow you to license your contributions under a later version of the same license, and some also allow ported licenses. (See the license versions page for details.) If you wish to adapt material under BY-SA or BY-NC-SA and release your contributions under a non-CC license, you should visit the Compatibility page to see which options are allowed.

  • BY-ND and BY-NC-ND material

The BY-ND and BY-NC-ND licenses do not permit distribution of adaptations (also known as remixes or derivative works), and prohibits the creation of adaptations under the pre-4.0 versions of those licenses. Since you may not share remixes of these materials at all, there is no compatibility with other licenses. (Note that the ND licenses do allow you to reproduce the material in unmodified form together with other material in a collection, as indicated in the next FAQ.)

  • Adapter’s license chart

The chart below details the CC license(s) you may use as your adapter’s license. When creating an adaptation of material under the license identified in the lefthand column, you may license your contributions to the adaptation under one of the licenses indicated on the top row if the corresponding box is green. CC does not recommend using a license if the corresponding box is yellow, although doing so is technically permitted by the terms of the license. If you do, you should take additional care to mark the adaptation as involving multiple copyrights under different terms so that downstream users are aware of their obligations to comply with the licenses from all rights holders. Dark gray boxes indicate those licenses that you may not use as your adapter’s license.

Adapter’s license chart Adapter’s license
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work PD              
BY              
BY-NC              
BY-NC-ND              
BY-NC-SA              
BY-ND              
BY-SA              
Abbreviation Key

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

All Creative Commons licenses (including the version 4.0 licenses) allow licensed material to be included in collections such as anthologies, encyclopedias, and broadcasts. You may choose a license for the collection, however this does not change the license applicable to the original material.

When you include CC-licensed content in a collection, you still must adhere to the license conditions governing your use of the material incorporated. For example, material under any of the Creative Commons NonCommercial licenses cannot be used commercially. The table below indicates what type of CC-licensed works you may incorporate into collections licensed for commercial and noncommercial uses.

Original Work Commercial Collection (BY, BY-SA, BY-ND) NonCommercial Collection (BY-NC, BY-NC-SA, BY-NC-ND)
PD    
BY    
BY-NC    
BY-NC-ND    
BY-NC-SA    
BY-ND    
BY-SA    

License termination

When do Creative Commons licenses expire?

Creative Commons licenses expire when the underlying copyright and similar rights expire.

Note that the relevant rights may expire at different times. For example, you may have a CC-licensed song where the rights in the musical arrangement expire before the rights in the lyrics. In this case, when the copyright in the music expires, you may use it without being required to comply with the conditions of the CC license; however, you must still comply with the license if you use the lyrics.

What happens if the author decides to revoke the CC license to material I am using?

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms. Of course, you may choose to respect the licensor’s wishes and stop using the work.

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

All of the CC licenses terminate if you fail to follow the license conditions. If this happens, you no longer have a license to use the material.

In the 4.0 licenses, your rights under the license are automatically reinstated if you correct this failure within 30 days of discovering the violation (either on your own or because the licensor or someone else has told you). Under the 3.0 and earlier licenses, there is no automatic reinstatement.

If you have lost your rights under a CC license and are not entitled to automatic reinstatement, you may regain your rights under the license if the licensor expressly grants you permission. You cannot simply re-download the material to get a new license.

Note that you may still be liable for damages for copyright infringement for the period where you were not in compliance with the license.

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

The Creative Commons licenses have three layers, as does the CC0 public domain dedication: the human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The Public Domain Mark is not legally operative, and so has only two layers: the human-readable mark and machine-readable metadata.

When material is licensed using any of the CC licenses or tools, it is highly recommended that a CC button, text, or other marker somehow accompany it. There are many possible modes for marking. For our licenses, people generally use the CC license chooser to generate HTML code that can be pasted into the webpage where the licensed material is published. CC0 and the Public Domain Mark have a separate chooser. Many platforms and web services such as Flickr and Drupal support CC licensing directly, allowing you to select an appropriate license. The service then properly marks the work for you.

CC has published some best practices for marking your CC-licensed material, and recommends:

  • Including a visual indicator (some combination of text and images) that the work is licensed with one of the CC licenses.
  • Clearly indicating what material is covered under the CC license, especially if it’s presented alongside non-licensed materials.
  • Including a link to the human-readable deed (which itself contains a link to the legal code).
  • Embedding machine-readable metadata in the code of the license indicator or code of the licensed page.

See the marking page for more details.

What does it mean that Creative Commons licenses are “machine-readable”?

Creative Commons has specified CC REL as a way to associate machine-readable licensing metadata with objects offered under CC licenses.

Before Creative Commons developed this vocabulary, it was difficult for a machine to ascertain whether an object was marked with a CC license. There was also no standard, predictable place to house metadata about that license (for example, the source URL of the work or the required mode of attribution).

Machine-readable metadata based on well-accepted metadata standards creates a platform upon which new services and applications can be built. Software and services can detect CC licenses and the details of that license, as described by the metadata. For example, on many websites and search engines such as Google and Flickr, you can run filtered searches for works offered under specific CC licenses. In addition, CC license deeds can automatically create copy-and-paste attribution code so users may easily comply with the BY condition of the licenses. When you click on a CC license or button from a page with license metadata, you get copy-and-paste attribution HTML within that license deed page. That HTML is based on available RDFa metadata in the original material.

All HTML provided by the CC license chooser is automatically annotated with metadata in RDFa format.

What is RDFa?

RDFa is a method for embedding structured data in a web page. For more information about RDFa, see the following resources:

What is CC REL and why does Creative Commons recommend it?

Creative Commons Rights Expression Language (CC REL) renders information about licenses and works machine-readable through standards that define the semantic web. Creative Commons wants to make it easy for creators and scientists to build upon the works of others when they choose; licensing your work for reuse and finding properly licensed works to reuse should be easy. CC recommends that you mark your licensed works with CC REL. The Creative Commons license chooser provides HTML annotated with CC REL, while the Creative Commons deeds recognize CC REL on web pages with works offered under a CC license, and use this metadata to enhance the deed for properly marked-up works, e.g., by providing copy and paste HTML that includes work attribution.

For more background information on CC REL, please refer to this paper.

What does it mean for a search engine to be CC-enabled?

Some search engines (like Google) allow people to filter their search results by usage rights so that you can limit your search results according to the particular CC license you seek. For example, if you are looking for a photo to adapt, you can filter your search to return photos that have a CC license that permits creation of adaptations. You can generally find this search feature on the advanced search page of your selected search engine. You can also use CC Search, which offers a convenient interface to search and a list of those content providers that support searches for content based on usage rights.

Please note, however, that you should always double check to make sure that the work you locate through a search is licensed as you wish.

How do I give users of my site the option to use CC licensing like Flickr does?

Creative Commons provides tools for integrating license selection with your site. You can find an overview at the Web Integration article on the CC wiki. The Partner Interface is a good way to get started and will always have the most up-to-date license versions and translations. However, there is also an API available if you want more control.

How can I change or remove the Creative Commons search option built into the Firefox browser?

Mozilla has included the Creative Commons search function in many versions of Firefox along with search options for Google, Amazon, and other popular sites. Please take a look at the Firefox article on the CC wiki for an explanation of how to change these features.

If you want to add or remove a particular search option, click on the logo in the search box (for example, the CC logo or the Google logo). This will open the pull down menu, which will allow you to select different search providers. If you choose “Manage Search Engines,” you will be able to add or remove search engines. You can also alter the order in which the search providers appear on the pull down menu.

Is Creative Commons involved in digital rights management (DRM)?

No. CC licenses are a form of rights expression, not rights management. CC provides tools to make it easier for creators and owners to say which rights they reserve and permissions they grant. This is different from digital rights management (or “DRM”), which uses technological protection measures to prevent people from using the work in a way that the owner has not permitted.

CC licenses contain language prohibiting licensees from the use of effective technological measures (including DRM) to prevent access to licensed material: ”You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any such recipient.”

While licensors may apply effective technological measures (ETMs) to their own materials, the licensor provides a limited permission to circumvent these measures: “The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures.” Note that this only applies to effective technological measures applied by licensors themselves: third parties such as distribution platforms may still apply ETMs if the licensor uploads there, and the license is not able to grant you permission to circumvent it.

Copyright law grants exclusive rights to creators of original works of authorship. National laws usually extend protections to such works automatically once fixed in a tangible medium, prohibiting the making of copies without the rights holder’s permission, among other things. On the internet, even the most basic activities involve making copies of copyrighted content. As content is increasingly uploaded, downloaded, and shared online, copyright law is becoming more relevant to more people than it was 20 years ago. Unfortunately, infringing copyrights—even unintentionally or unknowingly—can lead to liability. Successful navigation of the internet requires some understanding of copyright law.

What is the public domain?

The public domain of copyright refers to the aggregate of those works that are not restricted by copyright within a given jurisdiction. A work may be part of the public domain because the applicable term of copyright has expired, because the rights holder surrendered copyright in the work with a tool like CC0, or because the work did not meet the applicable standards for copyrightability.

Because the public domain depends on the copyright laws in force within a particular territory, sometimes a work may be considered “in the public domain” of one jurisdiction, but not in another. For example, U.S. government works are automatically in the public domain under U.S. copyright law, but might be restricted by copyright in other countries.

The Public Domain Manifesto, the University Libraries page, and the CC0 FAQs all contain additional information about the public domain.

Copyright in most jurisdictions attaches automatically without need for any formality once a creative work is fixed in tangible form (i.e. the minute you put pen to paper, take a photo, or hit the “save” button on your computer).

In some jurisdictions, creators may be required to register with a national agency in order to enforce copyright in court. If you would like more information, please consult the Berne Convention or your jurisdiction’s copyright law.

Although you do not have to apply a copyright notice for your work to be protected, it may be a useful tool to clearly signal to people that the work is yours. It also tells the public who to contact about the work.

What is an adaptation?

An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.

In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter’s personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil’s copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction’s copyright law for more information.

What are moral rights?

Copyright laws in many jurisdictions around the world grant creators “moral rights” in addition to the economic or commercial right to exploit their creative works. Moral rights protect the personal and reputational value of a work for its creator. Moral rights differ by country, and can include the right of attribution, the right to have a work published anonymously or pseudonymously, and/or the right to the integrity of the work. The moral right of integrity may provide creators with a source for redress if an adaptation represents derogatory treatment of their work, typically defined as “distortion or mutilation” of the work or treatment that is “prejudicial to the honor, or reputation of the author.” Not all jurisdictions provide for moral rights.

The CC licenses are intended to minimize the effect of moral rights on a licensee’s ability to use licensed material; however, in some jurisdictions, these rights may still have an effect. CC offers some additional information on how CC licenses may affect your moral rights.

What are neighboring rights?

Copyright provides an incentive to create works by providing exclusive rights to creators. However, the distribution or exploitation of a work often involves more than just the creator. For example, if someone writes a song, someone else may perform the song, and another may produce the recording of the song. Some jurisdictions extend copyright to the contributions made by these persons; other jurisdictions extend such exclusive rights in the form of neighboring rights. Neighboring rights may include performers’ rights or broadcasters’ rights, among others. The Rome Convention sets forth some guidelines on the scope of neighboring rights. Not all jurisdictions recognize neighboring rights.

What are sui generis database rights?

Sui generis database rights grant qualifying database makers the right to prohibit the extraction and reuse of a substantial portion of a database. The rights are granted to database makers that make a substantial investment of time and resources to create the database. Sui generis database rights are primarily enacted within the European Union and a handful of other jurisdictions.

What are collecting societies?

Collecting societies are copyright management organizations. Some examples of collecting societies include ASCAP and BMI (United States), BUMA/STEMRA (Netherlands), PRS (United Kingdom), and APRA (Australia). These societies license works on behalf of their owners and process royalty payments from parties using the copyrighted works.

CC offers additional information on how collecting societies might affect your rights and your ability to apply CC licenses to your work. CC has several pilots underway with collecting societies that have chosen to allow their members to use CC licenses on a limited basis.

What are publicity, personality, and privacy rights?

These terms are used differently in different jurisdictions. Generally speaking, these rights allow individuals to control the use of their voice, image, likeness, or other identifiable aspect of their identity, especially for purposes of commercial exploitation. Similarly, in some jurisdictions these rights allow people to restrict others’ ability to publish information about them without their permission. Whether and to what extent these rights exist, and if so, how they are labeled, varies depending on the jurisdiction.

Creative Commons licenses have a limited effect on these rights where the licensor holds them. Where the licensor has publicity, personality, or privacy rights that may affect your ability to use the material as the license intends, the licensor agrees to waive or not assert those rights. However, any such rights not held by the licensor are not affected and may still affect your desired use of a licensed work. If you have created a work or wish to use a work that might in some way implicate these rights, you may need to obtain permission from the individuals whose rights may be affected.

Data

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

: Uses of CC Licenses with Data and Databases : Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker’s investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [marking page]https://wiki.creativecommons.org/wiki/Marking_your_work_with_a_CC_license “wikilink”) for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights–but not copyright–are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.1 These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker’s substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Artificial intelligence and CC licenses

What are the limits on how CC-licensed works can be used in the development of new technologies, such as training of artificial intelligence software?

The licenses grant permission for reuse in any situation that requires permission under copyright. There are many ways in which CC-licensed work works and even all rights reserved works can be reused without permission. This includes uses that are fair uses, for example.

If someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected. This is one of the enduring qualities of our licenses — they have been carefully designed to work with all new technologies where copyright comes into play. No special or explicit permission regarding new technologies from a copyright perspective is required.

But what about privacy laws, rules governing ethical research, and data protection laws?

CC’s copyright licenses are not universal policy tools. Copyright is the primary obstacle to reuse that our licenses solve, but there are many other issues related to the reuse of content that our licenses do not address and that reusers should be aware of. These can include privacy and rules governing ethical research and the collection or use of data, which have to be addressed and respected separate and apart from the copyright issues that CC licenses cover.

What attribution obligations exist when CC-licensed images are included in a published dataset? Is linking to the original image or URI required, and if so, is it adequate?

It depends. First, keep in mind that CC licenses never limit uses that copyright doesn’t control. For example, as a general matter text and data mining in the United States is considered a fair use and does not require permission under copyright. This means that reusers engaged in text and data mining do not have to adhere to the marking and attribution requirements in our licenses for that activity even though we strongly recommend they do so anyway. A second example is linking. In some countries, linking to copyrighted content doesn’t require permission under copyright law, which means the CC license obligations do not come into play even though the linked content is CC-licensed.

Where a CC-licensed work is distributed as part of a database or dataset, and assuming copyright (or in the European Union, copyright or sui generis database rights) is triggered, then the license conditions must be respected. This means providing the required attribution information in a way that is reasonable under the circumstances. Our licenses allow for some flexibility, and in some cases that may be as simple as providing a link to the website where the relevant attribution information is provided. Visit our marking practices page for more information.

If a for-profit company uses CC-licensed content under a Non Commercial license and releases the work under terms that allow only research purposes, is the NC restriction violated?

This depends on whether any of the uses made of the works by the company, whether for profit or non profit, are primarily intended for commercial advantage or monetary compensation. This is hard to know without having all of the facts about how a work was used, whether internally by the company for its own purposes or how the work was distributed for further use. Visit our NC page for more information about what constitutes commercial and non commercial uses of works.

If NC-licensed content is redistributed to the public under an NC license, that distribution would not violate the NC clause. (Note that CC strongly discourages the use of any license terms other than a CC NC license for redistributions of NC-licensed content.)

If CC SA-licensed content is included in a database, does the entire database have to be licensed under an SA license?

CC licenses never require a reuser of a CC-licensed work to make the original work or resulting works (collections, derivatives, etc.) publicly available. There are lots of private reuses of works that are permitted by CC’s licenses that do not require compliance with their terms. Regarding ShareAlike, the condition only applies if a work is modified and if the work is shared publicly. In the situation where a reuser created a dataset of photos and made it publicly available, and assuming copyright permission is required, then what is released is likely a collection or compilation of pre-existing works. CC licenses do not require the collection or the compilation itself to be made available under an SA license, even though each individual work is still licensed individually under an SA license and if they were modified by the distributor the modified photo would need to be licensed under the same terms. For example, were Creative Commons to compile photographs from a photo sharing website under a BY-SA 2.0 license and create a database that it then publicly distributed, CC could license the collection as a whole under a BY license, but the photographs would continue to be licensed under BY-SA 2.0.

What, if any, remedies, do users have if they dislike how their photos or images have been reused?

Several remedies are potentially available. Some may be available if the CC license terms have been violated, and others may be available through other, separate avenues because they involve other laws or regulations that the CC licenses do not cover. It’s important to remember, however, that absent a violation of the license the permissions granted under the license remain in place and cannot be revoked.

  • Under the CC licenses, even if a license condition has not been violated licensors can ask that attribution to them be removed so they can distance themselves from the reuse.
  • For violations of a CC license term where the license was required (not a fair use, etc.) then you may have a claim for copyright infringement. Fortunately, in the CC community most license violations are handled amicably without resorting to the courts.
  • For claims involving laws and regulations other than copyright, recourse may be available depending on your local laws.

An important starting point for any would-be sharer of content under a CC license is to educate yourself in advance about how they work and what rights they do and do not cover. We have many FAQs on our website. We also provide human-readable deeds with links to the full text of our licenses. Additionally, all of our licenses highlight at the beginning many considerations that licensors should have in mind before they license, and considerations for reusers of works before they do so in order to avoid inadvertent violations.

Notes

  1. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).↩

#####EOF##### Timothy Vollmer, Creative Commons
Creative Commons > About CC > Team > Articles by: Timothy Vollmer
Timothy Vollmer

Timothy Vollmer

Timothy Vollmer
Senior Manager, Public Policy
Timothy Vollmer

Timothy Vollmer is Senior Manager for Public Policy. He coordinates public policy positions in collaboration with CC staff, international affiliate network, and a broad community of copyright experts. Timothy helps educate policymakers at all levels and across various disciplines such as education, data, science, culture, and government about copyright licensing, the public domain, and the adoption of open policies. Prior to CC, Timothy worked on information policy issues for the American Library Association in Washington, D.C. He is a graduate of the University of Michigan School of Information, and helped establish the Open.Michigan initiative.

Timothy's News

European Commission adopts CC BY and CC0 for sharing information

Last week the European Commission announced it has adopted CC BY 4.0 and CC0 to share published documents, including photos, videos, reports, peer-reviewed studies, and data. The Commission joins other public institutions around the world that use standard, legally interoperable tools like Creative Commons licenses and public domain tools to share a wide range of … Read More “European Commission adopts CC BY and CC0 for sharing information”

Legal tools / licenses

A Dark Day for the Web: EU Parliament Approves Damaging Copyright Rules

Today in Strasbourg, the European Parliament voted 348-274 (with 36 abstentions) to approve the Directive on Copyright in the Digital Single Market. It retains Article 13, the harmful provision that will require nearly all for-profit web platforms to get a license for every user upload or otherwise install content filters and censor content, lest they … Read More “A Dark Day for the Web: EU Parliament Approves Damaging Copyright Rules”

Policy / advocacy / copyright reform

Europeans should tell Parliament to vote NO to copyright filters

It’s the end of the line for the EU’s proposed Directive on Copyright in the Digital Single Market. The dramatic negative effects of upload filters would be disastrous to the vision Creative Commons cares about as an organisation and global community. The continued inclusion of Article 13 makes the directive impossible to support as-is. Last … Read More “Europeans should tell Parliament to vote NO to copyright filters”

Policy / advocacy / copyright reform

EU copyright directive moves into critical final stage

In September 2018 the European Parliament voted to approve drastic changes to copyright law that would negatively affect creativity, freedom of expression, research, and sharing across the EU. Over the last few months the Parliament, Commission, and Council (representing the Member State governments) were engaged in secret talks to come up with a reconciled version … Read More “EU copyright directive moves into critical final stage”

Policy / advocacy / copyright reform

EU’s proposed link tax would [still] harm Creative Commons licensors

In September the European Parliament voted to approve drastic changes to copyright law that would negatively affect creativity, freedom of expression, research, and sharing across the EU. Now the Parliament and Council (representing the Member State governments) are engaged in closed-door negotiations, and their task over the coming months is to come up with a … Read More “EU’s proposed link tax would [still] harm Creative Commons licensors”

Policy / advocacy / copyright reform

What’s next with WIPO’s ill-advised broadcast treaty?

Six years ago we wrote a blog post titled WIPO’s Broadcasting Treaty: Still Harmful, Still Unnecessary. At the time, the proposed treaty — which would grant to broadcasters a separate, exclusive copyright-like right in the signals that they transmit, separate from any copyrights in the content of the transmissions — had already been on WIPO’s docket for … Read More “What’s next with WIPO’s ill-advised broadcast treaty?”

Policy / advocacy / copyright reform

New NAFTA Would Harm Canadian Copyright Reform and Shrink the Public Domain

Late yesterday the U.S., Canada, and Mexico reached an agreement on a new North American Free Trade Agreement (NAFTA). The agreement (now rebranded as the U.S.-Mexico-Canada Agreement, or “USMCA”) obligates Canada to increase its copyright term by an additional 20 years if the deal is passed. Canada currently observes the minimum term of copyright as … Read More “New NAFTA Would Harm Canadian Copyright Reform and Shrink the Public Domain”

Policy / advocacy / copyright reform

With the European Parliament vote on the copyright directive, the internet lost – for now

Today the European Parliament voted 438-226 (with 39 abstentions) to approve drastic changes to copyright law that, if ultimately enacted, would negatively affect creativity, freedom of expression, research, and sharing across the EU. The Parliament voted in favor of almost all provisions that extend more rights to the establishment copyright industries while failing to protect … Read More “With the European Parliament vote on the copyright directive, the internet lost – for now”

Policy / advocacy / copyright reform

It’s now or never: EU copyright must protect access to knowledge and the commons

We’re coming up on a crucial decision on changes to copyright in the European Union that will govern how creativity is accessed and shared for years to come. On 12 September the European Parliament will vote on the draft Directive on Copyright in the Digital Single Market. If you’re in the EU, go to https://saveyourinternet.eu/ … Read More “It’s now or never: EU copyright must protect access to knowledge and the commons”

Policy / advocacy / copyright reform
#####EOF##### The Free Culture Game - Creative Commons
Creative Commons > Blog > Weblog > The Free Culture Game

The Free Culture Game

September 26, 2008

The Free Culture Game, created by Molleindustria, is a flashed based abstract art piece that attempts to articulate the interplay between the commons and culture at large. Released under a CC BY-NC-SA license, we heard about it first on our community lists, but it has since been getting some nice traction elsewhere on the blogosphere. From Rhizome:

Italian artists Molleindustria promise “radical games against the dictatorship of entertainment,” and their latest effort may be their most direct statement against the pleasure industry to date. Touted as “playable theory,” the Free Culture Game offers a ludic metaphor for the battle between copyright encroachments and the free exchange of knowledge, ideas and art.

A circular field represents The Common, where knowledge can be freely shared and created; your job is to maintain a healthy ecology of yellow idea-bubbles bouncing from person to person before they can be sucked into the dark outer ring representing the forces of The Market. Your cursor, shaped like the Creative Commons logo, pushes the ideas around with a sort of reverse-magnetic repulsion field (a clever alternative to the typical shooting, eating or jumping-on-top-of-and-smooshing actions of many other 2-D games). People who absorb free, round ideas stay green and happy, while those who only consume square market-produced ones become grey and inverted.

The game never really ends: you can only do better or worse, suggesting by analogy that the fight for free culture will be an ongoing struggle without end.

Category:Weblog
Tags:, , ,

3 thoughts on “The Free Culture Game”

  1. Actually the game ends: when all the people are green the vectorialist explodes and you see a quote about copyleft. It’s kinda hard though.

  2. I just beat it! If you get all the people to green, the copyright machine pops and you get a Borges quote about the cultural commons.

    So perhaps the copyfight is not a Sisyphean struggle…it just feels like it most of the time. 🙂

  3. I think the cursor is supposed to be a copyleft logo, rather than Creative Commons, since the C is always facing left. It’s a very nice idea for a game though!

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#####EOF##### Legal Code Translation Policy - Creative Commons

Legal Code Translation Policy

From Creative Commons
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Return to Summary page

Creative Commons has established the following Official Legal Code Translation Process and Policy (“Legal Code Translation Policy”) to facilitate adoption and understanding of our licenses as tools for sharing creative works and data. This Legal Code Translation Policy is established as of 29 October 2013 and may be updated and revised by Creative Commons in its discretion. Any non-trivial revisions will be logged and dated at the bottom of this page.

As of January 2018, the Affiliate Network transitioned to a Global Network, where everyone - individuals and institutions - are welcome. The Creative Commons Global Network works together to realize our shared values and build relationships around the world. Interested in signing up? Become a member at https://network.creativecommons.org/. You can also join our Translation Working Group on Slack, to stay informed about materials that need to be translated or to suggest new materials.

Summary

The legal code translation process in a nutshell:

1. Express your desire to translate by sending an email to legal (at) creativecommons (dot) org (CC Legal). Anyone can initiate a license translation or can be a member of a team translating licenses or other materials.

2. Prepare the draft translation using the worksheets and submit it/them to CC Legal (use translation guide as reference); the Attribution-NonCommercial-ShareAlike (BY-NC-SA) license will be translated first; the worksheets are read-only, you can't modify their content; to use the worksheets and edit them with your translation, you have two options:

  • Go to File - Make a copy and add them to your Google Drive;
  • Go to File - Download as, choose a file format (we recommend .docx or .odt) and use the files offline.

2. Resolve questions and concerns regarding draft translation with CC Legal;

3. Initiate and coordinate a public comment period; changes recommended from the public are incorporated;

4. Send a written summary of changes recommended during the public comment to CC Legal and why they were or were not incorporated; CC Legal reviews, and then officially approves the draft of the BY-NC-SA license translation;

5. Prepare final, official translation: the team has the option of putting just BY-NC-SA into HTML, or creating the other 5 licenses first and putting all six licenses into HTML;

6. CC Legal puts the licenses on the staging server and sends links to the team; the team and CC Legal should run comparisons to find mistakes and confirm that translations of deed and chooser are completed; CC Legal will ask how the team wants language listed on the bottom of the other published translations;

7. Once any final edits made, CC Legal goes through the final checklist and pushes licenses live by merging into the master on Github;

8. Translate supplementary materials;

9. HQ updates the Wiki page of the translation;

10. The new Web pages are published on the CC website;

11. Launch official translation (to be treated as equivalents of the English originals).


Watch this explanatory video:

How-to-translate-licenses.png


Overview

The legal code for the international Creative Commons licenses and for CC0 is designed for use worldwide, without any need for adaptation to local laws. For these tools to reach their fullest potential, CC encourages linguistic translations of the legal codes and deeds into as many languages as possible. This page describes the policy and process for developing official translations of Creative Commons legal code.

Legal code translation projects are coordinated and overseen by CC’s legal team in collaboration with the global network team. Creative Commons reserves the exclusive right to approve and host official translations of its legal tools, as well as to modify this process and adjust translation projects at any time. Per our policy, each official translation is hosted at a specified uniform resource indicator on CC’s website. The English original and the official translations will all be treated as equivalents. Translations of CC licenses that are not made in accordance with this policy are unauthorized modifications of our licenses per the License Modification Policy.

Beginning new translation projects

The process for developing new translations (each is called a “translation project”) is described below. Each translation project is led by individual or institutional members of the global network. Third parties may be hired to translate but must be paid for and supervised by the translation team.

CC staff follow an internal checklist to track the progress of translations; while translation teams will not need to refer to it, it is provided here for informational purposes.

For translation projects already in progress as of the effective date of this Policy, please refer to the guidelines below.

Translation project proposals

Creative Commons accepts proposals from individual or institutional members of the global network to coordinate the linguistic translation of the legal code, deed, and related informational materials. CC acknowledges that several individual or institutional members of the global network share an official or primary language. CC’s policy is to publish a single, official translation for any given language unless an important reason exists to allow more than one. This mirrors CC’s policy for translations of deeds. Individual or institutional members of the global network wanting to coordinate translation projects are expected to accommodate and encourage participation of individual or institutional members of the global network from those other jurisdictions.

Proposals for leading a translation project should be sent to CC to legal (at) creativecommons (dot) org and should:

  1. identify the language(s) into which members are offering to coordinate
  2. identify other current CC members jurisdictions where the language(s) are officially or primarily used
  3. summarize plans for coordinating with and encouraging the participation of other members as well as the broader communities within jurisdictions having the same official or primary language
  4. propose a timeline for completing the translation project.

Proposals may be posted by CC for comment or to encourage participation by those in jurisdictions sharing an official or primary language.

After the translation is approved by CC Legal, the translation project plans, translation leads, and other team members are then formalized and officially announced through postings in appropriate channels (e.g. [wiki.creativecommons.org/wiki/Legal_Tools_Translation the Wiki pages]). Translation teams offering to arrange for a third party to conduct the translation are responsible for all costs associated with the translation, supervising the translation process and conducting a final review prior to posting the draft for public comment.

The person(s) responsible for drafting, or overseeing the drafting, of a translation of legal code are referred to as “translation lead(s),” and those participating in the translation project, the “translation team.”

Translation process

1. Preparing the first translation draft

Once the translation team is finalized, the translation leads coordinate the work of the translation team in linguistically translating the legal code from English into the identified language. Please refer to the legal tools translation guide while creating your translation because it contains information about common issues that arise when translating the text of the licenses and CC0.

When translating the 4.0 license suite, please begin with BY-NC-SA using the worksheet here. (Note there is also a translation worksheet for CC0.) All 4.0 translations must include an equivalent of the following: "Official translations of this license are available in other languages." All CC0 translations must include "Official translations of this legal tool are available in other languages." Additionally, translation of the phrases "Additional languages available:" and "Please read the FAQ for more information about official translations." will be needed for the navigation boxes on the licenses and CC0. These will appear on the translation worksheet along with the legal code.

When finalized, including any review and edits by the translation leads if the drafting involved a third party, the translation leads send the first draft to the CC legal team. At the same time, the translation leads should submit a written summary (in English) containing a description of any translation challenges they experienced. This summary may be included as part of the translation worksheet or written out separately.

The CC legal team reviews the translation of the legal code and the written explanation, in collaboration with the translation leads. During the review, CC may ask for modifications to the draft as well as additional information. The review stage continues until CC provisionally approves the draft as ready for public comment.

2. Public comment period

The public comment period is designed to ensure the highest quality linguistic translations possible. The translation leads post the draft in appropriate channels for public comment and feedback for a reasonable period of time (typically about 30-45 days, but may be shortened or extended if circumstances warrant). If you would like to participate in the public comment process, please check the Wiki page for the desired language and look for instructions: Legal_Tools_Translation#Translation_status_of_the_4.0_licenses_and_of_CC0. If you don't find the instructions and the translation status is "in progress" or similar, it means that the public comment period didn't start yet. In that case, you may try to contact the translation team, if the contact details are available on the Wiki page. If not, please email CC Legal.

3. Preparing the official translation

At the conclusion of the public comment period, and following the resolution of comments by the CC legal team and the translation leads, the translation leads coordinate preparation and submission of the final official translation to CC in the format requested by CC (currently XHTML).

Creating the files

To create the HTML files, we recommend using the English legal code pages - https://creativecommons.org/licenses/by/4.0/legalcode et. al. - as templates for your own. You can download the HTML page for each license by going to File -> Save Page As… and then select “Webpage, HTML only”, or whatever equivalent there is for your browser. In a text editor or HTML editor, open each file you have saved. Copy and paste your appropriate license text over the previous text, being careful not to copy over the existing HTML tags, and re-check the code to ensure that there are no mistakes. Please ensure that all the XHTML files are saved using UTF-8 encoding, which generally will be the default.

Once you have completed the above steps and relevant processes in the legal code translation policy, please send the XHTML file to legal (at) creativecommons (dot) org along with your report of drafting issues you encountered.

Then save each file separately according to the following convention:

  • CC0:
    • zero_1.0_[language code].html

(For example, "zero_1.0_fr.html" would be the naming for the French translation.)

  • 4.0
    • by_4.0_[language code].html
    • by-sa_4.0_[language code].html
    • [...]

4. Translating supplemental materials

The translation leads are responsible for coordinating the translation of supplemental and informational material relevant to the legal tool. The materials to be translated will be coordinated with Creative Commons, but must include the deed and the chooser (if not already translated), and may include the Considerations for licensors and licensees, FAQs and other materials. See the instructions for translating deeds. For translations of the 4.0 suite, the other 5 licenses are also created during this stage, after final approval of the first submission.

5. Publication

The official translation, once finalized, is then posted by CC on the Creative Commons website, where it will be maintained at a stable URL. The deed and other materials will also be updated as necessary. Once posted, the text is final and no elements of the legal code may be changed; any further corrections will be published on the Errata page. Creative Commons will also announce the translation to the public, in coordination with the translation team.

Translations in progress (as of policy effective date)

Individual or institutional members of the global network who began preparing translations before this Policy was instituted and wish to have their translations considered official should notify CC Legal and provide the following information:

  1. Language of translation;
  2. Persons involved in the translation;
  3. Description of the translation process undertaken;
  4. Description of any public comment process and involvement (or request for involvement) of other individual or institutional members from jurisdictions with the same official or primary language.

The CC legal team will review the information and will make a determination as to appropriate next steps consistent with the processes and principles described above.

All teams beginning translations after January 2018 should follow the regular process outlined above.

Supporting documents

Changelog

  • 26 May 2018: As of January 2018, the Affiliate Network transitioned to a Global Network, where everyone - individuals and institutions - are welcome. This policy reflects the new structure.
  • 14 March 2017: Moved "Creating the files" from Legal tools translation guide to this page
  • 21 November 2016: Removed the obligation to send the translation proposal using the forms
  • 4 November 2016: Added detailed new steps to the translation process
  • 17 April 2015: Clarification that unofficial translations violate License Modification Policy
  • 4 February 2015: Change in supplemental material requirements, added CC0 translation worksheet
  • 4 February 2014: Additional supplemental material requirements, new version of internal checklist posted
  • 24 January 2014: More detailed summary.
  • 29 October 2013: Policy established.
Retrieved from "https://wiki.creativecommons.org/index.php?title=Legal_Code_Translation_Policy&oldid=116848"

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#####EOF##### Version 3 - Creative Commons

Version 3

From Creative Commons
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Creative Commons Version 3.0 Licenses — A Brief Explanation

by Mia Garlick, General Counsel Creative Commons

Since April 2005, Creative Commons has been working on versioning up its core licensing suite. The Creative Commons licenses (For an overview of the licenses, see: [1]) serve as an important vehicle by which many millions of creators clearly signal to the world that they are happy for members of the public to engage in some of the exciting new uses of content that are made possible by digital technologies. Using a CC license, an artist can, for example, invite the public to share their work or mash it up (on certain conditions).

A distinctive feature of CC’s licensing infrastructure is ensuring that it is comprehensible to both humans (the Commons Deed) and machines (the metadata) as well as enforceable in a court of law (the Legal Code, which is the actual license). But another important aspect of the CC licensing system is to ensure that it respected by the community of people who apply our licenses to their content, who use CC-licensed content and who are committed to enabling free culture.

Creative Commons regularly invites and receives feedback about its licenses and how they may be able to be improved to better serve the people who use them and who use CC-licensed content. Obviously, all things can be improved with the benefit of hindsight and experience; also, the environment within which CC licenses are used is always changing. When CC first released its licenses, for example, the use of video and video-sharing sites had not yet been deployed, let alone used to the extent they are today.

We released version 1.0 of our licenses in December 2002 (See CC Weblog, Creative Commons Launches, December 15, 2002, [2]). Like software releases, we track the different licenses by version. In May 2004, we versioned to 2.0 (See CC Weblog, Announcing (and explaining) our new 2.0 licenses, May 25, 2004, [3]) and then made a minor tweak to the attribution clause in June 2005 (See CC Weblog, Comments Period Drawing to a Close for Draft License Version 2.5, May 29, 2006, [4]) and versioned to 2.5. Now, CC is versioning to 3.0. We announced a timetable for versioning to 3.0 back in May 2006 (See Mia Garlick, ‘Getting to Version 3.0,’ May 17, 2006, [5]); and we have followed the consultation process in the timetable even though the schedule itself has been considerably delayed while we take account of all of the different interest groups that are relevant to CC licenses.

Background to Version 3.0

The process of versioning to 3.0 began back around April 2005 as part of discussions with Debian [6] and the Massachusetts Institute of Technology (MIT) [7] about ways to improve the clarity of our licenses. Although discussions with Debian and MIT initiated consideration of a new license version, ultimately, version 3.0 grew to be about much more than these two projects — it focused on internationalizing the “generic” license and international harmonization of the CC licenses. Additionally, it expanded to encompass Creative Commons' long-held vision [8] of establishing a compatibility structure to allow interoperability between different flexible content copyright licenses.

Debian

As you may know, Debian describes itself as “an association of individuals who have made common cause to create a free operating system” [9] and the volunteer group has worked together to create an operating system called Debian GNU/Linux. The project and all developers working on the project adhere to the Debian Social Contract [10]. The Debian Free Software Guidelines (DSFG) [11] form part of the Debian Social Contract and define the criteria for “free software” and so what software is permissible in the distribution.

One part of the Debian community is debian-legal [12] — a mailing list whose members provide “guidance for the Debian project on, among other things, the acceptability of software and other content for inclusion in the Debian operating system.” [13] They work primarily involves reviewing software against the DFSG to determine if the packages constitute “free software” per the DFSG. Contributors to the Debian project can then take these determination into account when making decisions about what to include in individual packages.

From time to time the debian-legal list provides a review of a well-known software license to express a rough consensus opinion on whether software released solely under the license would satisfy the definition of “free software” according to the DSFG. Although these summaries are not binding, they do provide some basis for the Debian project to make decisions about individual packages. Although debian-legal work primarily in reviewing software programs and Creative Commons licenses are not designed for software, debian-legal notes that the:

“Creative Commons licenses are still of interest to the Debian project. Debian includes documentation for programs, and many programs included in Debian use digital data such as images, sounds, video, or text that are included with the programs in Debian.” (Id.)

Consequently, debian-legal reviewed the CC licenses and concluded that none of the Creative Commons core licensees were free according to the DFSG and recommended that works released under these license “should not be included in Debian.” (Id.)

It is clear that the licenses that contain a NonCommercial or a NoDerivatives restriction (e.g. Attribution-NonCommercial, Attribution-NonCommercial-ShareAlike, Attribution-NoDerivatives, Attribution-NonCommercial-NoDerivatives ) will never be able to comply with the DFSG because these violate basic principles articulate in the DSFG — specifically, DSFG 1 which requires that a licensee be able to sell copies of the work, DSFG 3 which requires a license to permit the making of derivative works and DSFG 6 which proscribes discrimination against any field of endeavor.

DRM

But this should still leave the CC Attribution and Attribution-ShareAlike licenses as DSFG-compliant. On reviewing debian-legal’s issues with these licenses, it seemed clear to Creative Commons that, for the most part, minor amendments and clarifications to the licenses should be able to address debian-legal’s concerns. (For an outline of these concerns, see [14]) One topic, however, that was not minor and proved to be much debated as part of the version 3.0 license discussions was the anti-TPM clause in the CC licenses; TPM being technological protection measures such as encryption which have received legal protection in many jurisdictions around the world, which make it a civil (and sometimes) a criminal offence to circumvent these measures.

The Creative Commons licenses prohibit a licensee applying a TPM to a licensed work that restricts the rights granted under the license. (See e.g., clause 4(a) “You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement.” of the CC Attribution license ([15])) In essence, this clause is intended to ensure that a person cannot exercise the freedoms granted by a CC license to apply technologies that restrict those freedoms for others.

In Debian’s view, this prohibition violates DSFG #1 because it prevents a licensee from being able to distribute works in the format of their choice. The consequence of this is that CC-licensed content cannot, for example, be included by a licensee in a Sony Playstation game or other platforms that exist on TPM.

An important thing to note, however, is that this limitation only applied to CC licensees. CC licensors are of course free to license their works on a Sony or other TPM-ed platform whilst also CC licensing it. One example of this is the Beastie Boys track ‘Now Get Busy’ that appeared on the WIRED CD under a CC Sampling license [16] but was then also made available on iTunes [17].

To avoid interfering with the freedom of the licensed content and allowing a licensee to lock up the content on a TPM-ed platform, Debian proposed that CC’s so-called “anti-TPM” provision to allow a licensee to distribute the CC-licensed work in any format, including a TPM-ed format, provided that the license distributed the work in at least one format that did not restrict another person’s exercise of rights under the license. This proposal became known as the “parallel distribution” proposal.

Creative Commons initially agreed to include the parallel distribution proposal as part of the discussion draft for the Version 3.0 amendments. The rationale for this initial acceptance was that it could accommodate the objectives of the anti-TPM clause (being free culture) whilst also addressing Debian’s concerns that people be free to create works for distribution on TPM-ed platforms.

The parallel distribution proposal did not, however, survive discussions with the Creative Commons International affiliates [18]. The affiliates are responsible for “porting” the CC licenses to their local jurisdiction (discussed in greater detail below) and for fielding a wide range of questions about CC licenses and their implementation in various projects throughout the world. Based on their experience with the diverse communities that use and rely on CC licenses and explaining the licenses to different constituencies, the CCi affiliates were strongly opposed to the introduction of a parallel distribution scenario for various reasons, including: (1) the lack of demonstrated use cases showing a strong need among CC licensees for this kind of an exception to the existing “anti-TPM” language; (2) risks of unduly complicating the licenses which defeats alot of the purpose of CC licenses, namely to be simple and easy to use and to understand; and, (3) the strong opposition to technological protection measures in general by many in the CC community.

CC did, however, include the parallel distribution proposal as part of the public license discussions when those were launched in August 2006 (See Mia Garlick, Version 3.0 – Public Discussion, August 9, 2006, [19]) so that the community on those lists could debate the merits of the proposal.

The discussions about the parallel distribution proposal on the cc-licenses email list were very intense. Various participants argued in favor of the parallel distribution amendment on the grounds that the “anti-TPM” clause violated DSFG #1 and achieved little, if anything. Taking the advantage of a Sony Playstation again, if CC-licensed content cannot be included in games for the PS2 platform, the CC licensee is restricted in what they can do with the content, the PS2 gamer cannot play a game with CC-licensed content and Sony are unlikely to notice the absence of this content and will continue along as business as usual with a TPM-ed platform, irrespective of any anti-TPM ban in the CC licenses.

When asked about the extent to which there was a demonstrated need by developers (as licensees) to be able to utilize CC-licensed content in TPM-ed environments, advocates of the parallel distribution amendment argued that it was better to address the problem before a need arose.

However, the overall tenor of the cc-licenses list discussions tended not to favor adoption of the parallel distribution proposal. There was concern that if parallel distribution were permitted in the CC licenses this would reinforce, if not expand, a platform monopoly enjoyed by a TPM-ed platform that only allows the playing of TPM-ed content (See Greg London, Re:Subject: Version 3.0 – List Discussion Responses, September 28, 2006, [20]; see also, Terry Hancock, Debian and Creative Commons, October 18, 2006, at [21]). Other concerns were voiced that the non-TPMed copy may not be able to played as well as the TPM-ed copy and, generally, that the community was not in favor of supporting a TPM option at this stage (For an overview of the discussions, see the discussion archives for August [22], September [23] and October [24].)

Whether Debian now declare the CC Attribution and Attribution-ShareAlike licenses to be free according to the DSFG or not — given all negotiated amendments are included in version 3.0 with the exception of the parallel distribution provision — remains an open question.

Certainly, Debian voted (See ‘General Resolution: Why the GNU Free Documentation License is not suitable for Debian main, [25]). earlier in 2006 to allow works licensed under the Free Documentation License to be used in Debian projects. The vote specifically says that the anti-TPM clause in the FDL does not render the FDL incompatible with the DSFG. However, it is not clear whether this treatment is an exception or will also enable the CC Attribution and Attribution-ShareAlike license to also be held to be compatible with the DSFG.

MIT

With MIT, their OpenCourseWare (OCW) project [26] was initially launched in September 2002 prior to the formal release of the Creative Commons core licensing suite in December 2002 and thus, used an early version of the Attribution-NonCommercial-ShareAlike license. “OpenCourseWare” is the free and open digital publication of high quality educational materials, organized as courses. Flexible licenses such as Creative Commons licenses are key to enabling the openness of these materials.

MIT’s OpenCourseWare project has initiated a global opencourseware movement. Most recently, the OpenCourseWare Consortium [27] has been formed which involves the collaboration of more than 100 higher education institutions and associated organizations from around the world — including China, France, Japan, the UK, the USA and Vietnam — who are committed to creating a broad and deep body of open educational content using a shared model.

Given CC licenses have improved over time, both CC and MIT wanted to work together to address any issues MIT had about the CC licenses so that MIT could switch over to a more recent version of the CC BY-NC-SA license. However, a key concern for MIT, given its illustrious reputation, is to ensure that when people translate and locally adapt MIT content under the terms of the BY-NC-SA license, they make it clear that they are doing so under the terms of the license and not as a result of a special relationship between MIT and that person — essentially, a “No Endorsement” clause.

Given “No Endorsement” clauses are a standard feature of free and open source software, CC felt that it would be easy issue to make this express in the CC licenses. In CC’s view, a licensee should not interpret the attribution requirement of the CC licenses as a basis (whether intentionally or not) to misrepresent the nature of the relationship with the licensor. Certainly, in most jurisdictions laws other than copyright law will proscribe this misconduct by a licensee. But CC agreed with MIT that it was useful to make this express in the license — both to give the licensor comfort and to ensure that the licensee was under no misapprehensions.

This feedback from both Debian and MIT was the impetus for CC commencing the version 3.0 process. However, as many projects do — versioning to 3.0 rapidly developed to encompass new and additional issues. These issues can effectively be described as further internationalization and international harmonization of the CC licenses

Further Internationalization

When CC’s core licensing suite was first released in December 2002, the licenses were drafted based on US copyright law and referred to as the “generic” license because the license did not identify a specific jurisdiction or governing law to apply to the interpretation of the license. Towards the end of 2003, Creative Commons launched its license internationalization project [28], which involves the “porting” of the generic licenses to different jurisdictions around the world.

Since this project started, the CC core licenses have been “ported” to over 45 jurisdictions around the world to countries as diverse as Argentina, Australia, Brazil, Croatia, China, France, Italy, Japan, Malaysia, Mexico, South Africa and South Korea. (Id.)

While the internationalization has taken off far beyond Creative Commons’ expectations and has demonstrated the amazing energy around the globe for a more flexible and permissive copyright licensing approach, two issues arose.

The first is that as Creative Commons’ license internationalization project continued to grow, the “generic” license and the US license were one and the same. For the casual visitor to the CC International page (Id.), it seemed that the licenses had not been “ported” to the US, when in fact they had started out there. The challenge becomes though — if CC recognizes a specific US license, on what law should the “generic” license be based?

The approach Creative Commons adopted to respond this issue required further internationalization of our licenses. We decided to spin off the “generic” license to be a US license and recraft the “generic” license to have it utilize the language of the international intellectual property treaties, in place of the language of US copyright law.

The new license relies on the language of the Berne Convention for the Protection of Literary and Artistic Works [29], the Rome Convention of 1961 [30], the WIPO Copyright Treaty of 1996 [31], the WIPO Performances and Phonograms Treaty of 1996 [32] and the Universal Copyright Convention [33]. Because treaties are matters of international agreement between countries and, as a general rule, require adoption into national law to be effective in a particular country, simply basing the license wording on these treaties is not, of itself, sufficient. Consequently, clause 8(f) of the new generic specifically provides that the license takes effect according to the corresponding provisions of the implementation of those treaty provisions in the applicable national law.

To reflect the nature of the new “generic” license we also decided to change its name to “unported.” This description is intended to highlight the different nature of the new generic license and to utilize the “porting” terminology that Creative Commons has been using in its license internationalization project since its launch in 2003 to more clearly illustrate the nature of the license that has not been adapted for a local jurisdiction.

The result of this further internationalization is that CC will now offer both an “unported” license and a US license, in addition to the 45-plus ported licenses; the unported license can be selected by those creators to whose jurisdiction CC has not yet ported a license.

International Harmonization – Moral Rights

The second more major issue that arose through the porting process was that different jurisdictions had different approaches to issues relating to moral rights and collecting societies.

Moral rights, to describe them briefly, are author’s right that are distinct from the economic copyright that can be bought and sold (See generally, [34]). Moral rights recognize an author’s personal attachment to their creativity and seek to protect that connection.

While there can be many different moral rights depending on the jurisdiction, the two main ones that are consistently present in most countries around the globe are the moral right of attribution and the moral right of integrity (See Article 6bis of the Berne Convention (as amended September 1979) [35]). Obviously, since attribution became a default CC license characteristic with version 2.0 there is less of an issue regarding the moral right of attribution.

However, the moral right of integrity presents a more complex issue for Creative Commons licenses. CC licenses are intended to enable and promote reuse of creative content, particularly the making of derivative works. And those copyright owners who use CC licenses have acknowledged this with over two-thirds of CC licensors consistently choosing to allow derivative works.

But the moral right of integrity, as a general rule, gives the author of a creative work the right to object to alterations or mutilations of the work that are prejudicial to their reputation or honor. Obviously, this has potential to impact the freedom to exercise the right to make derivatives — a derivative will likely always qualify as an alteration of the original work and there may be some instances where it is arguable that it is prejudicial to the original author’s reputation or honor.

Obviously, the first generic version 1.0 license suite released in December 2002 did not mention moral rights because it was based on US copyright law and US copyright law only grants very limited moral rights to works of fine art. However, as the CC licenses began the porting process to other countries, it became necessary for CC licenses to address the moral right of integrity.

To do so, the Creative Commons licenses, with one exception, have taken the approach of not interfering with the author’s moral right of integrity in those jurisdictions that recognize this right.

The one exception is in Canada where the moral right of integrity is waivable. Because Canada was one of the first ten countries to port the CC licenses and one of the first (if not the only) to have a waivable moral right of integrity, on advice of our local affiliate, the CC Canada licenses choose to waive the right of integrity in order to ensure that the licensor’s intention in choosing to permit derivative works was not compromised. However, in all other CC licenses for jurisdictions that recognize the moral right of integrity, the right was retained albeit in different forms; again, on advice from local affiliates.

For example, in most European jurisdictions, the right was expressly retained in the Legal Code because of the strong level of protection for the right in these jurisdictions, as evidenced by the fact that courts would take a dim view of a license that did not expressly include it. In most Latin American jurisdictions, the license was not expressly retained in the Legal Code on the rationale that courts would read it in the license. In Japan, the moral right of integrity was retained in those licenses that prohibited derivative works but not fully retained in those licenses that permit derivative works. The local CC Japan team recommended this approach because the moral right of integrity can be interpreted so broadly as to render any change or alteration to the original work a violation of the right.

Although there is overall consistency in the treatment of the moral right of integrity at the Legal Code level (with the exception of Canada) among the CC licenses, now that the licenses have been ported to over 30 jurisdictions, we felt that it was time to harmonize the approach to this issue at both the Legal Code level and the Commons Deed level. The different approaches towards recognizing the right of integrity in the CC licenses arose because, as CC engaged in the novel process of license porting, we became familiar with the different treatment of this right in different jurisdictions. With the benefit of experience with more than 30 different treatments, CC now felt comfortable to adopt a unified approach.

As a consequence, as part of version 3.0 all CC licenses for jurisdictions that recognize the moral right of integrity will expressly retain that right in the Legal Code to the extent that this is feasible given the status of derivative works under the license. In those jurisdictions in which retention of the moral right of integrity may be completely block exercise of the derivative works right (ie. in Japan) the right will be tempered to the extent necessary to enable the exercise of the derivative works right in a manner intended by the licensor.

In addition, because of the importance of the moral right of integrity in protecting both the author’s rights and for its impact on the derivative works right, from version 3.0 the CC Commons Deeds will clearly state that the author retains their moral rights.

International Harmonization — Collecting Societies

Collecting societies are organizations that are established either by private agreements between copyright owners or by copyright law (See generally, [36]). Societies license works and process royalty payments from various individuals and groups who use copyrighted works either as part of a statutory scheme (compulsory schemes) or by entering into an agreement with the copyright owner to represent the owners interests when dealing with licensees and potential licensees (voluntary schemes). The rationale underlying societies is that it is more efficient and effective for copyright holders to be represented collectively in negotiating and levying license fees.

CC licenses also contained different treatments of whether and how a licensor can collect royalties via collecting societies because of the differences in the status of collecting societies amongst different jurisdictions.

In the United States, where the CC licenses originated, an artist can be a member of a collecting society and use CC licenses for those of their works that suit them. This is because of the rigorous enforcement of antitrust laws in the US during the early 20th century that requires that US collecting societies take a non-exclusive license from artists. This allows artists to then engage in direct licensing, including via CC licenses, to their fans and others who wish to share and remix their music.

Consequently, in the original CC licenses language was introduced into the licenses as part of version 2.0 to clarify what was considered to be the obvious interaction between CC licenses and collecting society membership. This initial approach stated that under those licenses that permitted commercial use (Attribution, Attribution-NoDerivatives and Attribution-ShareAlike) the licensor waived the right to collect both compulsory and voluntary royalties. Under those licenses that permitted noncommercial use only, the licensor reserved the right to collect royalties for any uses that were commercial in nature but otherwise authorized royalty-free noncommercial use of the work under the CC license. This approach reflected the fact that by choosing to apply a CC license to their work, a CC licensor clearly intends to permit “free” (as in both price and freedom) uses under the terms of the applicable CC license.

However, the situation regarding collecting society membership in many other jurisdictions around the world is remarkably different to the US position. Elsewhere, collecting societies take either an assignment of copyright ownership or an exclusive license to a work of the rights that they represent (which tends to include all of the works an artist creates). This means, for the most part, that an artist cannot directly license their works online, including via CC licenses. The consequence of this is that artists who use CC licenses cannot receive voluntary royalties collected by a society because they are not able to become a member of the society.

Thus, the treatment of collecting society royalties in the CC licenses differed according to the jurisdiction — in many jurisdictions the collection of voluntary royalties was not mentioned so as not to give any misleading impression that membership of a collecting society was possible for a CC licensor. In addition, many CC licenses retained the right to collect compulsory royalties in all licenses, both those that permitted commercial use and those that permit noncommercial use only, because of the advice of local affiliates that local law would not permit the waiver of such a right.

In version 3.0, after the benefit of seeing the different permutations of collecting society membership in over 30 countries and having had a dedicated team working on the issue of the interaction of CC licenses and collecting society membership for more than a year, CC has decided to harmonize the treatment of collecting societies in the CC licenses.

The harmonized approach still allows different jurisdictions to adopt an approach towards collective royalty collection that suits their jurisdiction but ensures that this is consistently applied across jurisdictions. Specifically, as regards compulsory royalty collection, the licensor will reserve the right to collect these royalties in those jurisdictions in which this cannot be waived. In those jurisdictions in compulsory royalty collection can be waived, it will be waived completely for those licenses that permit commercial use and reserved only for commercial uses in those licenses that permit noncommercial use only.

For voluntary royalties, the licensor will reserve the right to collect this “in the event that they are a member of a collecting society” that collects such royalties. This then allows for those jurisdictions in which an artist can be a member of a collecting society and use CC licenses. It also allows for flexibility for those artists who are members of collecting societies and use CC licenses anyway or if in future collecting society membership structures do allow some use of CC licenses, to also enjoy the benefits of their membership if their collecting society moves towards being able to collect for commercial uses of CC-licensed works.

BY-SA — Compatibility Structure Introduced

A final change incorporated into Version 3.0 is that the CC BY-SA 3.0 licenses now include a compatibility structure that will enable CC to certify particular licenses, stewarded by other organizations similarly committed to promoting a freer culture, as being compatible with the CC BY-SA. Once certified as compatible [37], licensees of both the BY-SA 3.0 and the certified CC compatible license will be able to relicense derivatives under either license (eg., under either the BY-SA or the certified CC compatible license).

Creative Commons CEO Lawrence Lessig first outlined the vision of allowing an ecology of flexible content licenses to flourish in November 2005 (See CC in Review: Lawrence Lessig on Compatibility, [38]). As Lessig explained:

"Even if all the creative work you want to remix is licensed under a copyleft license, because those licenses are different licenses, you can’t take creative work from one, and remix it in another. Wikipedia, for example, is licensed under the FDL. It requires derivatives be licensed under the FDL only. And the same is true of the Creative Commons Attribution-ShareAlike license that governs Opsound content, as well as much of the creativity within Flickr. All of these licenses were written without regard to the fundamental value of every significant advance in the digital age — interoperability."

This incompatibility also serves as a barrier to dual licensing works under the FDL and CC BY-SA (See Evan Prodromou, Derivatives of dual-licensed Creative Commons Attribution-ShareAlike and GFDL works, May 3, 2005 [39]).

Simply put, the problem is that any license with a "ShareAlike" or similar copyleft provision requires that any derivatives be licensed under exactly the same license (or family of licenses) as the original. This means that an article about Rio de Janeiro on Wikipedia [40] (which is currently licensed under the FDL) cannot be mixed with an article about Rio on Wikitravel [41] (which is currently licensed under the CC BY-SA 1.0). Even if a project were dual licensed, none of the derivatives of the project could be returned back to the dual-licensed project (because they must be licensed under one or the other license), thus causing "project bleed." The result of the ShareAlike or "copyleft" license terms is seemingly antithetical to the very purpose of the licenses that contain them. Content, rather than being "free" to remix, is instead locked within particular licensing systems.

Consequently, CC has been working to ensure that, to again quote Lessig:

"[C]reative work[s] will more easily be able to move from one license to another, as creativity is remixed. And this ability for creative work to move to compatible free licenses will provide a market signal about which licenses are deemed more stable, or reliable, by the free licensing community. Free culture will no longer be ghettoized within a particular free license. It will instead be able to move among all relevantly compatible licenses. And the world of “autistic freedom” that governs much of the free software world will be avoided in the free culture world."

There are several obvious candidates for compatibility with the CC BY-SA. The Free Art License [42] and the Free Software Foundation's Free Documentation License (FDL) [43].

Creative Commons' initial work has focused on achieving compatibility with the FDL. As part of this work, CC explored the possibility of introducing one-way compatibility with the FDL. (See Discussion Draft — Proposed License Amendment to Avoid Content Ghettos in the Commons [44]), which generated some discussion. CC then responded to some of the concerns raised by this discussion [45] but ultimately concluded that one-way comaptibility with the FDL was not possible because CC licensors could not be guaranteed the same protections under the FDL that they enjoyed under the CC BY-SA.

Despite the inability to implement one-way compatibility with the FDL, Creative Commons is still hopeful of being able to announce licenses that effect the same freedoms as the CC BY-SA to be compatible with the CC BY-SA at some date in the future. To allow the compatibility negotiations to occur separate and apart from the timing of the license versioning process, we have included a structure for certifying licenses as compatible with CC BY-SA as part of Version 3.0 (See Version 3.0 — It's Happening & With BY-SA Compatibility Language Too [46]).

Summary of Links

The following list provides the CC blog posts that relate to Version 3.0:

  • Getting to Version 3.0 [47]
  • Version 3.0 — Public Discussion Launched [48]
  • Version 3.0 — Revised License Drafts [49]
  • Version 3.0 — It's Happening & With BY-SA Compatibility Language Too [50]
  • Version 3.0 — Launched [51]
  • Versioning to 3.0 - Legal Leads versioning to 3.0. Includes checklist, working document, sui generis database rights document, and CS document
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CC0 FAQ

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These FAQs contain information that you should familiarize yourself with before using CC0. The information provided below is not exhaustive – it may not cover important issues that may affect you.

The FAQs are intended to supplement, not replace, our existing FAQs. You are encouraged to review those FAQs as well as our list of issues to consider before using CC0 or any of our other legal tools or licenses. You should also read the CC0 legal code carefully and understand what it means before applying it to your work or using a CC0’d work.

Please note: Creative Commons does not provide legal advice. The information provided below is not a substitute for legal advice and is not complete. Please consult your own legal advisor if you have any questions or concerns about the information provided below, about CC0 or about Creative Commons licenses and tools generally.

Questions about CC0 generally

What is CC0?

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Copyright and other laws throughout the world automatically extend copyright protection to works of authorship and databases, whether the author or creator wants those rights or not. CC0 gives those who want to give up those rights a way to do so, to the fullest extent allowed by law. Once the creator or a subsequent owner of a work applies CC0 to a work, the work is no longer his or hers in any meaningful sense under copyright law. Anyone can then use the work in any way and for any purpose, including commercial purposes, subject to other laws and the rights others may have in the work or how the work is used. Think of CC0 as the "no rights reserved" option.

CC0 is a useful tool for clarifying that you do not claim copyright in a work anywhere in the world. Because copyright laws differ by jurisdiction, you might be granted an automatic copyright in jurisdictions that you may not be aware of. By using CC0, you signal to the public that you relinquish any such rights.

How does it work?

A person using CC0 (called the “affirmer” in the legal code) dedicates a work to the public domain by waiving all of his or her copyright and neighboring and related rights, if any, in a work, to the fullest extent permitted by law. If the waiver isn’t effective for any reason, then CC0 acts as a license from the affirmer granting the public an unconditional, irrevocable, non exclusive, royalty free license to use the work for any purpose.

What is the difference between CC0 and the Public Domain Mark ("PDM")?

CC0 and PDM differ in important respects and have distinct purposes. CC0 is intended for use only by authors or holders of copyright and related or neighboring rights (including sui generis database rights), in connection with works that are still subject to those rights in one or more jurisdictions. PDM, on the other hand, can be used by anyone, and is intended for use with works that are already free of known copyright restrictions throughout the world. The tools also differ in terms of their effect when applied to a work. CC0 is legally operative in the sense that when it is applied, it changes the copyright status of the work, effectively relinquishing all copyright and related or neighboring rights worldwide. PDM is not legally operative in any respect – it is intended to function as a label, marking a work that is already free of known copyright restrictions.

Review a chart comparing the attributes of CC0 and PDM, and Learn more about the Public Domain Mark.

Questions for those thinking about applying CC0 to their work(s)

Who can use CC0?

Anyone who owns or could possibly hold copyright and neighboring and related rights (such as database rights) in a work anywhere in the world can use CC0 to give up those rights. But please be careful. CC0 is a one-way street. Once you apply CC0 to your work you can’t change your mind later and re-assert copyright or database rights over the work. In some cases, it’s hard to decide if something qualifies for copyright protection (for example, a database of mostly factual data). Even then, CC0 can be a useful way to assure others that you have committed to surrendering any possible copyright protection you may have.

Even though are you not making any warranties of copyright ownership under CC0, keep in mind that you are still responsible to any third parties who may have existing rights in your work when you distribute the work. For example, if your work contains another person’s work made available under a CC Attribution license, you will need to identify that work separately, attribute the author and provide the license. Likewise, for any other license(s), you will need to ensure that you are in compliance before distributing the work. Of course, if you do not have permission to distribute a work belonging to someone else, you will need to seek appropriate permission from the copyright owner before you use CC0.

How do I apply CC0 to my work?

Our chooser will lead you through process. When completed, you will be provided with HTML code that you can copy and paste into your website. Please be aware that it is up to you, the affirmer, to publish your work using CC0 by posting it to your website or elsewhere. Creative Commons does not publish any works and cannot accept responsibility for doing so.

What are the benefits of including the information requested by the CC0 chooser?

Any information you provide when using the chooser will be included in the rendered CC0 text placed on the work as well as included in the machine-readable code. Potential users of your work can then use that information to find out more about your work. Particularly valuable to potential users is the jurisdiction from which you are offering the work under CC0, and we encourage you provide that information whenever possible. Please keep in mind, however, that the jurisdiction you select is not a choice of law or forum selection clause (there are no choice of law or forum selection clauses in CC0).

May I apply CC0 to computer software? If so, is there a recommended implementation?

Yes, CC0 is suitable for dedicating your copyright and related rights in computer software to the public domain, to the fullest extent possible under law. Unlike CC licenses, which should not be used for software, CC0 is compatible with many software licenses, including the GPL. However, CC0 has not been approved by the Open Source Initiative and does not license or otherwise affect any patent rights you may have. You may want to consider using an approved OSI license that does so instead of CC0, such as GPL 3.0 or Apache 2.0.

CC and the Free Software Foundation suggest that if you choose to apply CC0 to software, you include the following notice at the top of each file:

<PROGRAM NAME> - <DESCRIPTION>
Written in <YEAR> by <AUTHOR NAME> <AUTHOR E-MAIL ADDRESS>
[other author/contributor lines as appropriate]
To the extent possible under law, the author(s) have dedicated all copyright and related and neighboring rights to this software to the public domain worldwide. This software is distributed without any warranty.
You should have received a copy of the CC0 Public Domain Dedication along with this software. If not, see <http://creativecommons.org/publicdomain/zero/1.0/>.

It is also recommended that you include a file called COPYING (or COPYING.txt) containing the CC0 legalcode as plain text.

Does CC0 require others who use my work to give me attribution?

No, and that's a big difference between CC0 and our licenses. Unlike our licenses, there are no conditions contained in CC0. Just like anything in the public domain, it will be possible for others to use or adapt it however they wish without attribution. However, this does not mean that you cannot request attribution in accordance with community or professional norms and standards.

When you choose CC0, requests for attribution are not binding through legal requirements (i.e., as a condition of a copyright license) but can be based on ethical and professional norms, such as those that apply to scholarship and science. These norms can be well articulated, widely held, and self-policing, as is the case with citation standards in the academic community (which are based on ethics and professional reputation, not legal conditions). However, in some instances, as with new technologies or emerging disciplines, the exact implementation of these norms in a particular context requires further consensus-building and articulation.

Does CC0 really eliminate all copyright and related rights, everywhere?

Please don’t take the 0 (zero) in the name “CC0” literally – no legal instrument can ever eliminate all copyright interests in a work in every jurisdiction.

CC0 doesn’t affect two very important categories of copyright and related rights. First, just like our licenses, CC0 does not affect other persons’ rights in the work or in how it is used, such as publicity or privacy rights. Second, the laws of some jurisdictions don’t allow authors and copyright owners to waive all of their own rights, such as moral rights. When the waiver doesn’t work for any reason CC0 acts as a free public license replicating much of intended effect of the waiver, although sometimes even licensing those rights isn’t effective. It varies jurisdiction by jurisdiction.

While we can't be certain that all copyright and related rights will indeed be surrendered everywhere, we are confident that CC0 lets you sever the legal ties between you and your work to the greatest extent legally permissible.

What kinds of rights am I surrendering when I use CC0?

You are surrendering your copyright and neighboring and related rights in a work, including any database rights you may have. You are also surrendering your own publicity and privacy rights. If your image is captured in the work, for example, you cannot later complain that someone is using it in violation of those rights. In other jurisdictions, you may not be able to waive all of your copyright and neighboring and related rights. Moral rights and unknown rights are two examples of rights that may be difficult to waive in some jurisdictions. When waiver isn’t possible, those rights are licensed under CC0 to the extent allowed by law, although again, sometimes those rights cannot be licensed in advance or at all.

What are neighboring rights?

Neighboring rights consist of a hodgepodge of rights granted by statute in addition to traditional copyright. Performing artists, record producers and those involved in radio and television broadcasting are often holders of neighboring rights, which may include distribution, performance and/or exploitation rights. Some jurisdictions extend copyright to protect these rights; other jurisdictions offer those protections by separate statute as neighboring or related rights.

When you surrender your neighboring rights using CC0, you do not impact the copyrights or related rights of others, though. For example, if you apply CC0 to a sound recording to which you hold copyright, you surrender your exclusive right to digitally perform that sound recording. But your use of CC0 would not affect the copyright, if any, retained by the composer of the music. Neighboring rights differ from jurisdiction to jurisdiction.

What are database rights?

Databases may contain facts that, in and of themselves, are not protected by copyright law. The copyright laws of some jurisdictions cover database design and structure, however, and some jurisdictions like the European Union have enacted special laws to protect databases when they are not protected under applicable copyright law. CC0 is intended to cover all copyright and database laws, so that however database rights are protected (under copyright or otherwise), those rights are all surrendered.

Can I control how my work is being used once I publish it using CC0?

Not really. CC0 is about achieving the effect of placing works in the public domain. Just like anything already in the public domain today, anybody will be able to use your work for any purpose, even in ways you may find distasteful or objectionable. They can also make money off of your work, and they may give you credit or they may not. One aspect you retain control over, however, is the use of the work by others with your trademarks. CC0 does not surrender any trademark rights you have. If others want to associate your trademark with a work you distribute under CC0, they need to ask your permission first as required by trademark law.

If you are worried about how your work will be used, if you want to legally require attribution, or if you don't want people to make money off of your work, then you should not use CC0 and instead consider using one of our licenses.

What about other IP related rights, such as trademark and patent rights?

CC0 very clearly states that trademark and patent rights of the affirmer are not affected – CC0’s sole reach is copyright and related and neighboring rights, including database rights. Trademarks rights are not affected because creators who use CC0 should be able to protect the quality of products that are associated with their trademark (for example, by preventing a subsequent user of the work from leading others to believe the work in its subsequent use and/or form is associated with or endorsed by the affirmer). So if your primary concern is to ensure the quality and integrity of products associated with your name or your project, then trademark, combined with CC0, may be an option for you.

Patents are fundamentally more challenging. One of our goals at Creative Commons is to encourage use and dissemination of information in a way that encourages others to build upon it, sometimes in surprising and unexpected ways. We can accomplish that objective through a copyright-only solution, without introducing the complexities associated with patent rights. We also wanted to keep CC0 as simple as possible, consistent with its original design goals. We concluded that any perceived benefits of including a patent waiver were significantly outweighed by the downsides of its inclusion.

Does using CC0 affect my ability to disclaim warranties?

No. CC0 explicitly disclaims "representations or warranties of any kind" (see 4(b)). This is not affected by CC0's abandonment of all copyright-related rights to the extent legally possible. Disposing of an asset (whether or not gratis) often involves a statement by the prior owner as to the state of the asset disposed of such that the owner has no responsibility/liability for things that may go wrong once the asset is no longer theirs. As with a quit claim used with real property, with CC0 a copyright holder abandons or quits their interest without any further obligation, including without warranty.

Questions for those thinking about using a CC0’d work

Can anyone use a work that is distributed under CC0?

Yes. CC0 doesn’t restrict who can use a CC0’d work. Once applied, anyone can use the work in any way and for any purpose, including commercial purposes, subject to rights others may have in the work or how it’s used, as well as subject to any other laws or restrictions that may apply.

Do I have to attribute the person who applied CC0 to their work?

No, there is no legal requirement that you attribute the affirmer, only an expectation that you will voluntarily do so if requested. The CC0 deed provides HTML code that can be copy and pasted into your webpage to easily cite the author and the work, if that information has been provided by the affirmer.

Why do some works indicate the jurisdiction from which the work is being published?

The CC0 license chooser gives affirmers the opportunity to indicate the jurisdiction from which the work is being offered. If provided by the affirmer, this information is included in the rendered CC0 text that is placed on the work as well as included in the machine-readable code.

The jurisdiction from which the work is being offered is one fact that helps users know what they can and cannot do with a CC0'd work. There are other important facts that impact what rights the affirmer is surrendering and what rights the user has (another, for example, is where the user is located), but the jurisdiction from which the work is offered is one of the more important pieces of information that helps users usefully take advantage of a CC0’d work.

Be careful, though. The jurisdiction, if selected by the affirmer, is not a choice of law or forum selection clause (there are no choice of law or forum selection clauses in CC0). Nor should it be relied upon as definitive for purposes of determining what rights you, as a user of the CC0’d work, may have. It is just one of many facts (if properly selected by the affirmer) that you should take into account before using a work dedicated to the public domain using CC0. Whether or not the affirmer indicated the jurisdiction from which the work was published, you may wish to contact the affirmer to learn more about the work as well as consult your own legal advisor about your rights.

What rights do I need to use a CC0’d work?

That depends. If you want to use the affirmer’s trademark, you need to get permission first since CC0 doesn’t affect trademark rights. You may also need to get permission from other people who have rights in the work, such as privacy or publicity rights of persons whose likeness or image appear in a photograph or in another work.

How can I be sure that I have all the rights I need to use the work?

CC0 contains a disclaimer of warranties just like our licenses, so there is no assurance whatsoever that the affirmer (the person who applied CC0 to the work) has all the necessary rights to grant permission to use the CC0’d work. The person applying CC0 to their work is not guaranteeing anything about it, including whether she owns the copyright or has cleared any uses of third-party content that her work may be based on or incorporate. If you are in doubt, then we strongly recommend you not use the work until you have taken all the steps and precautions you feel you need to before doing so, which may include contacting the person who applied CC0 to the work and consulting legal counsel.


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#####EOF##### Policies - Creative Commons
Creative Commons > Policies

Policies

Creative Commons maintains and publishes policies that apply to the use of our websites, content and software that we publish, our trademarks, and to those participating in the Creative Commons Global Network, including Individual and Institutional Members, as well as non-Members who participate in CC projects around the world. Note that some of these policies are maintained on other website pages but can be viewed by clicking on the relevant link below.

The following policies are applicable to anyone who uses our websites.

The Creative Commons Trademark Policy applies to anyone who uses the CC trademarks.

When you participate in the Creative Commons Global Network (“CCGN”) as a member or non-member, in addition to the generally applicable policies on this page, the following legal policies apply to you as you engage with CC and the network:

CC’s Licensing Statement for Content and Software Code

Other than the Creative Commons trademarks (licensed subject to the Trademark Policy below) and the text of Creative Commons legal tools and human-readable Commons deeds (dedicated to the public domain as specified below), all content on this site is licensed under the Creative Commons Attribution 4.0 International license unless otherwise marked.

Software: All of the software code we create is free software. Please check our code repository for the specific license that applies to software code you wish to use.
Legal text (we call this legal code) and Commons deeds: Creative Commons makes the legal code of its licenses and the CC0 Public Domain Dedication available under the CC0 Public Domain Dedication. CC also makes the Commons deeds associated with its licenses, the CC0 Public Domain Dedication, and the Public Domain Mark available under the CC0 Public Domain Dedication. This allows anyone to reuse those texts for any purpose; however, CC reserves fully and unconditionally all trademark and branding rights associated with the licenses, the CC0 Public Domain Dedication, and the Commons deeds. See the Trademark Policy below for more detail.

Creative Commons Trademark Policy

Trademarks are words, graphic designs, or other indicia that identify the source of a product or service. Creative Commons uses a variety of trademarks. Some Creative Commons trademarks serve the purpose of (i) communicating the type of legal tool chosen by the rights holder and/or (ii) indicating that the creator has applied a Creative Commons license to her work. Our registered trademarks and other trademarks include CREATIVE COMMONS (regardless of stylization, capitalization, translation, or other presentation), CC (including the CC in a circle logo (the “CC Logo”) and CC standing alone), CC+ (within a circle or standing alone) and CCPlus, CC0, all of the Creative Commons license and public domain buttons and icons, and any combination of the foregoing, whether integrated into a larger whole or standing alone. This also includes all of the CC trademarks incorporated into Unicode and any other similar standard.

You are authorized to use our trademarks subject to this Trademark Policy, and only on the further condition that you download images of the trademarks directly from our website or apply them through an authorized provider, including software that incorporates the trademarks in Unicode. You are not authorized to use any modified versions of our trademarks, except that you may use a different color for the CC logo and its background so long as the two colors chosen have a contrast ratio of at least 3:1.

Creative Commons retains the right to revoke any trademark license for any reason or for no specified reason. Creative Commons is particularly likely to revoke a license if, in its sole discretion, it finds that your use of the trademark is likely to bring disrepute to Creative Commons or any of its trademarks, or confuses the public. For the avoidance of doubt, you do not need our permission to use our corporate logo for referential use (e.g., to refer to Creative Commons as an organization), provided that such use does not imply endorsement by or association with Creative Commons.

For the avoidance of doubt, no member of the CC affiliate network or of the CC Global Network, including chapters, is authorized to use CC’s trademarks except in compliance with this policy. This includes, without limitation, that no use of CC trademarks may be used for projects or activities that are not expressly approved in advance by Creative Commons (via legal@creativecommons.org). Creative Commons intends to update these policies in advance of the CC Global Summit 2018, and once updated will apply to all members of the CC Global Network.

Modification of CC Licenses: To prevent confusion and maintain consistency, you are not allowed to use CREATIVE COMMONS, CC, the CC Logo, or any other Creative Commons trademarks with modified versions of any of our legal tools or Commons deeds, including modifications that do not modify the legal code directly but that further restrict or condition the rights granted by the particular legal tool. These modifications are often contained in a website’s terms of use, and where they are present you may not suggest that you are offering works under a Creative Commons legal tool. For the avoidance of doubt, you may not use any CC trademarks with unofficial language translations of CC licenses. See this page for more information.

Creative Commons Public Copyright License Marks: Creative Commons licenses the use of its public copyright license marks, which include the CC Logo, on the conditions that you use the marks solely to describe the Creative Commons license that applies to a particular work and, in a manner reasonable to the medium and context, include the URI or a hyperlink to the corresponding Commons deed on the Creative Commons server.

Public Domain Dedication Marks: Creative Commons licenses the use of its public domain dedication marks, on the conditions that you use the mark solely to describe that the CC0 Public Domain Dedication applies to a particular work and, in a manner reasonable to the medium and context, include the URI or a hyperlink to the Commons deed on the Creative Commons server.

Public Domain Mark: Creative Commons licenses the use of its trademarked Public Domain Mark badge on the conditions that you use the mark solely to describe that the Creative Commons Public Domain Mark applies to a particular work and, in a manner reasonable to the medium and context, include the URI or hyperlink to the Public Domain Mark on the Creative Commons server.

Creative Commons License Buttons and Icons: Creative Commons licenses the use of its button marks that describe a particular legal tool and its icon marks that describe a key license element, such as BY, NC, ND, and SA, on the conditions that you use the mark solely to describe the Creative Commons legal tool that applies to a particular work and, in a manner reasonable to the medium and context, include the URI or hyperlink to the relevant Commons deed on the Creative Commons server.

Legacy marks: Creative Commons has retired some of its prior legal tools, all of which have associated trademarks, such as the Developing Nations License, the Sampling License, and Founder’s Copyright. Although these tools have been retired and are no longer recommended for use, they are still legally effective as to works to which they are applied. Therefore, those trademarks may only be used under the terms and conditions of this Trademark Policy. Creative Commons licenses the use of its legacy marks on the conditions that you use the mark solely to describe the Creative Commons legal tool that applies to the particular work and, in a manner reasonable to the medium and context, include the URI or hyperlink to the relevant Commons deed on the Creative Commons server. Note that legacy marks are not available for download on our website.

Additional permissions: In addition to the permissions granted in advance to the public as set forth above, Creative Commons may agree to grant additional permissions upon request. Please submit any such request to legal@creativecommons.org. Except as specifically stated above or otherwise set forth in a written agreement with you, no additional permissions are granted.

Merchandising Policy: If you would like to use the Creative Commons or other CC trademarks on clothing or other merchandise, you must first receive permission from Creative Commons. Please submit your request to legal@creativecommons.org.

CCGN Internet Services Policy

This Policy governs the operation of websites, social media accounts, and mailing lists for CC Chapters in the Creative Commons Global Network.

Chapter Websites

To avoid confusion, all Chapters should have one principal public source of online information about the Chapter and its activities. Chapters can choose to use a subdomain provided and hosted by CC HQ, or Chapters can use a domain name of their own and host/manage the site themselves. If Chapters use their own domain name, the subdomain will be forwarded, so that everyone coming to creativecommons.org can find the site.

                       Subdomains: Creative Commons will establish a subdomain on its main website for each Chapter. The sub-domain will consist of xx.creativecommons.org, where xx is the top-level domain extension for the Project’s jurisdiction (e.g., ca.creativecommons.org). The subdomain will be maintained by CC HQ as part of a WordPress multisite setup. Each Chapter is asked to designate at least one representative to be on point to correspond with CC about administrator access privileges to the subdomain.

                       Top-Level Domain Names (“TLDs”) and Country Code Top-Level Domains (“ccTLD”): Chapters may decide to use a separate domain name. We ask that such website holders hold the domain name and website in trust for Creative Commons, and add Creative Commons as a technical contact on the WHOIS for the site. If, at any time, the Chapter decides that the website and domain should be operated by another person or institution or retired, the website holder must cooperate in the transfer or lapse of the website and domain, as applicable. Creative Commons reserves the right to decide that a TLD must be transferred to Creative Commons or shut down in order to avoid trademark confusion, if a Chapter was unable to continue operating, or for any other reason.

Chapter Website Content

All website content on Chapter Websites should be made available under a CC license, ideally CC BY 4.0 or CC0. Chapters should establish their own guidelines for continued operation and updating of their Chapter Website, consistent with the Chapter Guidelines (https://github.com/creativecommons/global-network-strategy/blob/master/docs/chapters-guidelines.md) and other CC policies. All Chapter Websites must include a prominent disclaimer that the website does not provide legal advice. CC reserves the right to request the removal of any content that fails (in CC’s sole discretion) to comply with this or other CC policies.

Chapter Website Administration

As part of the main Creative Commons website, the subdomains are managed by Creative Commons and therefore subject to all of the policies of the CC site, including the DMCA policy, terms of service, and privacy policy. Every participant in a Chapter agrees to comply with all such policies and will take any actions requested by CC in order to ensure compliance. Unlike subdomains, Chapters that choose to operate TLDs in accordance with the above are alone responsible for ensuring that they establish and maintain terms of service, a privacy policy, and any other policies necessary to comply with applicable laws, including copyright and data privacy laws.

Chapter Social Media Accounts

Chapters may establish and maintain a single account on a reasonable number of public-facing social media platforms on behalf of the Chapter. The Chapter should track the accounts, platforms, and login information as they are established, and alert CC as to which accounts it has and who operates them on behalf of the Chapter. The Chapter is responsible for ensuring consistency and quality in the content and operation of those accounts, and may establish guidelines in accordance with the Chapter Guidelines (https://github.com/creativecommons/global-network-strategy/blob/master/docs/chapters-standards.md) to achieve this.

Chapter Mailing Lists

If a Chapter wants to set up and maintain a mailing list for its activities, the Chapter may use the services provided by Creative Commons. Whether or not using CC-provided mailing lists, everyone participating in a Chapter must comply with data privacy laws when dealing with participant email addresses and other personal information.

Chapter Github Repositories

Each Chapter may request that Creative Commons open one repository on their behalf on CC’s organization account on Github. The Chapter is responsible for ensuring that the repository is used in accordance with Github terms and applicable law.

Note: This policy may be updated from time to time following consultation and collaboration with the Global Network Council.

Chapter Logo Policy

Every CC Chapter around the world, once established in accordance with the Charter and other applicable rules and guidelines, may create a single logo to designate their particular country chapter (“Chapter Logo”). The Chapter Logo must include our “Creative Commons” name and/or our CC in a circle logo in their original font and style.

Chapter Logo Approval: The Chapter Lead must submit the Chapter Logo to legal@creativecommons.org for approval. For the avoidance of doubt, this approval requirement applies even in cases where a Chapter selects a logo that was previously used in connection with a CC affiliate team under the prior network governance model.

Use of the Chapter Logo: We give you permission to use the approved Chapter Logo of the CC Chapter in which you are a participant, solely in order to promote and further the CC-related work done by your CC Chapter consistent with the Charter [https://creativecommons.org/network/charter/], the rules established by the CC Global Network Council, and the policies and positions established by Creative Commons. We recognize that you and the other individuals and institutions involved in your CC Chapter are also engaged in jobs, projects, and activities that are tangentially or unrelated to CC.  For the avoidance of doubt, you and others involved in the CC Chapter are not entitled to use the Chapter Logo for any purposes other than those stated above.

We will continue to work with you to ensure that you and others involved in the CC Chapter use the Chapter Logo in a manner consistent with the principles and policies of CC.  You agree to fully cooperate with and take any actions requested by CC relating to all usage of the Chapter Logo by anyone involved in your CC Chapter. It is understood that CC can end this permission at any time in its sole discretion, including if at any time your status as a participant ends, the CC Chapter becomes inactive, or if you or others involved in the CC Chapter fail to cooperate with or adhere to the policies of CC.  

You further agree to comply with any policies set forth by your Chapter as to how the Chapter Logo may or may not be used. In the event of a conflict between a guideline set forth by your Chapter and a policy of Creative Commons, the Creative Commons policy will govern.

Ownership of the Chapter Logo: All uses of the Chapter Logo will inure solely to Creative Commons. You and the others involved in your CC Chapter will obtain no ownership or other rights to the Chapter Logo.  You agree not to contest, oppose, impair, or challenge CC’s ownership of the Chapter Logos or any of its other trademarks. You will not register or attempt to register the Chapter Logo as a trademark in any jurisdiction and will not oppose CC’s registration or use of the Chapter Logo.

Page last updated: 29 May 2018

#####EOF##### Data and CC licenses - Creative Commons

Data and CC licenses

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Where CC0 is not desired for whatever reason (business requirements, community wishes, institutional policy…), CC licenses can and should be used for data and databases — with the important caveat that CC 3.0 license conditions do not apply to uses of data and databases that do not implicate copyright. Read more about this here.

Data and CC license use cases

This is a list of uses of CC licenses for data. For uses of the CC0 public domain dedication for data, see CC0 use for data.

Australia Federal Government

{{#show: Case_Studies/Australian_Bureau_of_Statistics|?Image Header|link=none}}

Three of the largest sources of Australian federal government data sets — Australian Bureau of Statistics (ABS), Geoscience Australia and the still beta data.gov.au — are all licensed by default under CC Attribution. Together these sites provide free access to all of Australia's census data, official geoscientific information and knowledge, and other miscellaneous government data (such as the location of public toilets). The ABS and Geoscience Australia have detailed copyright and attribution guidelines to assist with user implementation. data.gov.au played a major role in the Mashup Australia competition run by Australia's Government 2.0 Taskforce. Results from the contest (over 50 datasets) were released on data.gov.au.

Australia Queensland State Government

{{#show: Case_Studies/Government_Information_Licensing_Framework|?Image Header|link=none}}

Various data in the Australian state of Queensland's Office of Economic and Statistical Research are licensed under CC Attribution. The Queensland Government Information Licensing Framework (GILF) seeks to create and implement a new standardized CC licensing arrangement for all Queensland Government information.

Austrian government

{{#show: Case_Studies/Open_Data_Austria|?Image Header|link=none}}

The Austrian government has launched an open data portal with much of its data available under CC BY. The portal's terms of use states (via google translator), "The Cooperation for Open Data OGD recommends the license "Creative Commons Attribution 3.0 Austria ( CC BY 3.0 ) ". We must make the data to copy, distribute, publicly accessible, commercial use, and make modifications and adaptations of the work or of the content. It does not mean that everything on this portal, which will be released in the future as open data, necessarily subject to this license. You see, therefore, indicated in the description of data, the appropriate license for that particular record. In the CC BY 3.0 license just mentioned the name of the author or copyright holder is to be mentioned in a fixed manner."

ChEMBL

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http://chem-bla-ics.blogspot.com/2011/04/chembl-09-as-rdf.html?m=1

DBpedia

{{#show: Case_Studies/DBpedia|?Image Header|link=none}}

DBpedia is a community organized effort to extract structured data from Wikipedia and make it available on the web so that it can be queried and linked to other datasets. DBpedia currently describes 3.5 million things, and is available for download under CC Attribution-ShareAlike.

Finnish Libraries

Several Finnish libraries have opened up their data via the CC BY-SA license:

Freebase

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Freebase is a collaborative project that imports structured data from a variety of sources on the web, including Wikipedia, Wikimedia Commons, and the Stanford University Library. Freebase currently contains information about 20 million topics, or entities, and its data is available for reuse under CC Attribution.

Geocommons

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http://geocommons.com/ http://www.readwriteweb.com/archives/creative_commons_mapping_platform_geocommons_launc.php

German railway

http://data.deutschebahn.com/datasets/haltestellen/

Google

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Google Ngram Viewer has released its dataset under CC BY: http://ngrams.googlelabs.com/datasets.

Greece Government

Greece has opened up its geospatial data by implementing CC on geodata.gov.gr/geodata. The data is available under CC Attribution or CC Attribution-ShareAlike according to the type of data. Greek geodata is also available at opengeodata.gr under CC Attribution-ShareAlike, an implementation of the INSPIRE directive.

Italian Government

Italy's National Institute of Statistics has released all data on its site under the CC Attribution license. The Italian Chamber of Deputies shares its data via CC BY-SA. The Italian Ministry of Education, University and Research also launched its Open Data portal under CC BY.

MusicBrainz

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MusicBrainz is a user-maintained database of information about artists and their music, including title, artist, release date, format, and other data. The data on MusicBrainz is available as public domain material free to be reused without restrictions or under the CC Attribution-Noncommercial-ShareAlike. The distinctions between types of data are explained here.

Mydosis Portal

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The contents of the database Mydosis are licensed under a Creative Commons Attribution-Non Commercial-Share Alike 3.0 Unported License.

New Zealand Government

New Zealand's Ministry for the Environment’s Land Cover Database and the Land Environments New Zealand classification was released under a CC Attribution license on the Koordinates website. More info is available at CC New Zealand.

Open Directory Project (dmoz)

CC-BY, http://www.dmoz.org/license.html

OpenStreetMap

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OpenStreetMap is a user-generated map of the world, amassing geodata collaboratively from around the globe. Its dataset is available under CC Attribution-ShareAlike. After the earthquake in Haiti, OpenStreetMap found an immediate niche to fill, launching their Project Haiti page in an effort to map out what was, at the time, a largely incomplete geographical picture, helping those on the ground in Haiti get to where they needed to be with greater accuracy.

Paleobiology Database

One of the largest compendia of fossil data assembled to date is the Paleobiology Database (PBDB), founded in 1998 by John Alroy and Charles Marshall. The PBDB has since grown to include an international group of more than 150 contributing scientists with diverse research agendas. Collectively, this body of volunteer and grant-supported investigators have spent more than 9 continuous person years entering more than 280,000 taxonomic names, nearly 500,000 published opinions on the status and classification of those names, and over 1.1 million taxonomic occurrences. After a year of community feedback and discussion, the Paleobiology Database has taken the decision that “All records are made available to the public based on a Creative Commons license that requires attribution before use.” The Paleobiology Database is now licensed under a CC BY 4.0 License.

Powerhouse Museum

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Powerhouse Museum - releases a large range of material under CC, including its photo of the day, downloadable pdfs from its Play program and the museum's general collection information and data.

Spain (Basque) Government - Open Data Euskadi

{{#show: Case_Studies/Open Data Euskadi|?Image Header|link=none}}

In 2009, the Basque government opened up its data via the portal Open Data Euskadi, licensing all of its public data under CC Attribution. The Basque government listed as its reasoning for opening data, to "generate value and wealth," "create transparency," and "facilitate interoperability between administrations." The government especially encourages reuse of its data by the private sector, other public administrations, and stakeholders to promote transparency in government.

Stack Overflow

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Uniprot

{{#show: Case_Studies/Uniprot|?Image Header|link=""}}

Uniprot, the world’s most comprehensive catalog of information on proteins, is available for reuse under CC Attribution-NoDerivs. The license is viable for all copyrightable parts of Uniprot's database.

United Kingdom Government

Through data.gov.uk, the United Kingdom has made available a growing number of government datasets (currently at 5,400) under terms that are interoperable with the CC Attribution license. This portal includes all affiliated websites such as the Ordinance Survey's maps.

Other public datasets

A list on Github of Awesome public datasets, not necessarily under CC licenses: https://github.com/caesar0301/awesome-public-datasets.

Retrieved from "https://wiki.creativecommons.org/index.php?title=Data_and_CC_licenses&oldid=116799"

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Please note that search.creativecommons.org is not a search engine, but rather offers convenient access to search services provided by other independent organizations. CC has no control over the results that are returned. Do not assume that the results displayed in this search portal are under a CC license. You should always verify that the work is actually under a CC license by following the link. Since there is no registration to use a CC license, CC has no way to determine what has and hasn't been placed under the terms of a CC license. If you are in doubt you should contact the copyright holder directly, or try to contact the site where you found the content.

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#####EOF##### Network Strategy: the transition towards a new model - Creative Commons
Creative Commons > Blog > Global affiliates > Network Strategy: the transition towards a new model

Network Strategy: the transition towards a new model

Claudio Ruiz

December 8, 2017

In June we shared our community plan to implement the new CC Network Strategy, showing the benefits of a new international structure with an enhanced Chapter model, working together at a global scale with the Network Platforms, and a new governance structure to support the network.

The Creative Commons network has always been one of the critical pieces of the success of the CC licenses. At the outset, CC was mostly a legal project trying to reach a global audience of users and creators. Years later, our community required new ways of working together, with projects and advocacy and education playing a bigger role, and enhanced means of communication and collaboration as central to the community. The new Network Strategy, written collaboratively by community members, was the primary outcome of a process for change and adaptation begun at the CC Summit in Seoul, in October, 2015.

Implementing the strategy properly, with all the needed infrastructure, has been a big task. While the first network grew organically over many years, this one is being designed deliberately on concrete timelines. It has involved our web dev staff, legal review, communications, and lots of work from the Advisory Group team. It has been more complex than anyone thought, but we’re proud of what we’ve done to bring it together. We want to get it right for all of you, and we think we’ve done significant work that will serve the network well, and avoid problems in the future.

What we have done:

  • We created a suite of documentation for the Network Strategy transition.
    • A Guide for vouching applicants. This document provides guidance about what to take into account at the moment of deciding to vouch for someone to join the Network
    • A Guide for approving new members. This guides members of the Membership Council regarding criteria for approving already vouched applicants.
    • Chapter Standards and Guidelines. This document provides a more detailed explanation of how Chapters should organize, indicating standards, responsibilities, membership, and examples of what else a Chapter can do.
    • An updated Charter. Minor updates, but we improved the language of policies and established a better way to make future changes. We also created an official version available on the CC website.
  • We built a brand-new network website and member application and management infrastructure. We have implemented BuddyPress as a backend to manage members and their applications, and we have been creating brand new plugins to support the entire process of application, vouching and approval within the website. This has been a massive project for design and development. We expect this to be the “door” for people who want to be connected with the CC community in any capacity (including membership). So, we are creating ways to make people feel welcomed and driving them to different ways to be engaged with CC.
  • We massively updated Terms of services and Privacy Policies. This was an intended consequence of the new Strategy. We created brand new ToS for the Network website and also radically changed our entire Privacy Policy, not just to comply with the requirements of the whole memberships/vouching system, but also to update it after some years of use.

All of this work is vital, but it has required us to stretch our original timelines. We will now open up memberships a bit later, and will as a result also extend the time before the first GNC meeting to allow chapters to form, meet, and select their representatives. What we are doing here is massive and will significantly grow the network. We’re grateful for all your work and energy. We want to do everything right, and we prefer to launch with everything in place and to be ready to communicate to the world what we are doing, inviting all to be part of this process.

What’s next:

  • We are shifting the timelines. We are finishing the design and backend of the Network website by mid-December. We start communicating more broadly in December and early January, and will open membership on January 15th. The window for the first Chapter meeting will be in March 2018.
  • The first Global Network Council meeting will be after the Summit — it will not be during the summit, as we had initially imagined. We will use the Summit to advance the core work of Network Platforms and Working Groups, which are open to everyone, for community discussions and chapter meetups, and to engage new members. We will also use the Summit to advance into conversations about governance and the Network. We plan to have the first GNC meeting by May/June 2018.

The Global Summit will celebrate the CC Network and the affiliate teams that built the CC community we have today. It will be a great moment to celebrate what we achieved during all these years and what brings us together, as we move into the future. We expect this Summit to be a place to share ideas and strategies to improve -and fight for- the commons at a global scale.

The new timeline means we will have more time to prepare for this big change – more time to talk with your local peers, host more meetings and conferences, and maintain better and more impactful projects. From now to the Summit, we will continue supporting activities around the globe with our Activities Fund. We encourage you to keep advocating for openness in your communities and to consider joining the network as soon as we are “open” for members.

 

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#####EOF##### State of the Commons 2017
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State of the Commons

I use @creativecommons almost every day ... I don't want to live without you.

- Julie Hiltz, NBCT @JulieHiltz

Welcome

Creative Commons is the leading organization supporting the global movement for sharing and collaboration. We create, maintain, and promote the Creative Commons licenses — free, international, easy-to-use copyright licenses that are the standard for enabling sharing and remix.

We invigorate an international community of educators, activists, scientists, advocates, and creators to realize the benefits of the Commons. We build essential tools to make the Commons more discoverable, usable, and connected to communities everywhere.

The past few years have been transformative for Creative Commons. In 2015, we set out with an ambitious new strategy to nurture a vibrant, usable Commons powered by collaboration and gratitude. Our ambition is fueled by our technology projects and an energetic and productive global community. Each of CC’s initiatives works in support of this goal, unleashing the potential of the Commons through the work of our committed global communities.

In 2017, we hosted our largest Global Summit yet, organized by our community and supported by new sponsors and donors. With your guidance, we redesigned the Creative Commons Global Network in a massive, collaborative, international process, and we built new online infrastructure to support this unprecedented expansion of the movement for sharing. Our new engineering team shipped the CC Search beta and established new partnerships to expand our reach.

We launched an exciting certification program, meeting demand for the course from librarians and educators around the world. We fought against the TPP and for copyright reform in Europe, and helped national governments adopt open education policies. With our help, UNESCO made significant progress this year towards open education policies and support for member states. We moved the needle on these issues while still maintaining and defending our core tools: CC licenses, which have been used well over a billion times by creators and rightsholders looking to expand the range of creativity and knowledge available to everyone.

CC’s ambitious goals for the future will enable greater access and equality in education for everyone, accelerate innovation and discovery to cure disease, inspire delightful works of art and culture, and create deeper connections across cultures and communities. Our model is radically open, with community at the center.

We believe sharing and collaboration can unlock the full potential for the Web, and more importantly, for all of the individuals who use it.

It takes a group of driven, inspired, and talented humans to light up the Commons, and I feel privileged to work with them every day. You’ll see many of their stories in this year’s report — and that’s just a tiny percentage of the people who make this movement so powerful. We have the highest appreciation for those who make the choice to contribute to the Commons by freely sharing their work under CC licenses.

With gratitude,
Ryan Merkley
CEO, Creative Commons

2017 Was a transformative year for Creative Commons

We hosted our largest summit yet, organized by our community and supported by new sponsors and donors
We redesigned the entire global network in a massive, collaborative, global process
Our new development team shipped the CC search beta and struck new partnerships to expand our reach
We launched a popular certification program, meeting unprecedented demand from librarians and educators around the world.
We fought against the TPP
We fought for copyright reform in Europe
cc_heart_white

Contribute today to Creative Commons

Support our projects in open education, open policy, and universal access to knowledge.

Donate Now
data icon

The Data

1.4
Billion

Creative Commons Licensed Works

2017
100%
2016
82%
2015
76%
2014
60%
2010
27%
2006
10%

Major Platforms sharing CC work

flickr

415.1 Million

YouTube

49 million

Wikipedia

46.7 million

Deviant Art

40 million

Wikimedia Commons

36.9 million

eruopeana

28.7 million

Vimeo

6.6 million

Internet Archive

3.1 million

DOAJ Directory of Open Access Journals

2.7 million

Thingiverse

2.3 million

500px

1.2 million

Medium

740,896

Jamendo Licensing

556,126

PLOS

200,000

Free Music Archive

114,969

Our Movement
around the World

104 chapters across six regions

  • North America: 2
  • Latin America: 16
  • Europe: 42
  • Africa: 7
  • Arab World: 6
  • Asia Pacific: 30
cc search

Search

Countries that used CC Search the most in 2017:

USA
UK
Canada
Spain
Germany
Australia
Sessions
Queries

Flag images by Ibrandify / Freepik

Site Visitors
Social Followers

Most popular languages in 2017:

English

Spanish

Portuguese

German

French

Most popular shares on social media:

Fight for Net Neutrality
Net Neutrality
The Met Public Domain
Open Access
Open Access

Did you know?

Europeana Collections showcases 42 openly licensed, designer, and sometimes quite crazy pairs of sunglasses.

‘The Kiss’, sunglasses by Oliver Goldsmith Eyewear, 1958. Courtesy Victoria and Albert Museum, CC BY

the machine

The Tools

Technology, Discovery, and Collaboration Tools

A growing team with a broad scope and ambitious mandate is making the Commons more discoverable every day. Building a “front door to the Commons,” the revamped CC Search is the newest product in the CC Suite.

In February 2017 we launched our CC Search product, lauded by press and users as the new “front door to the Commons.” We continued to add more images and features throughout 2017 and are continuing to grow the team. Under the leadership of our new Director of Product Engineering Paola Villarreal, the CC tech team deployed three new sites – State of the Commons, the 2018 Global Summit site, and the Certificates Program. In addition, we released the new membership site for our revived Global Network, launched our new Termination of Transfer Tool, and assisted on the refresh of our licenses, updating them to Python 3.

Show MoreShow Less

Creative Commons unveils a new photo search engine with filters, lists & social sharing: Finding free and legal images to accompany your web content has never been difficult, thanks to Creative Commons.”​

Techcrunch.com
Open link

Did you know?

In the weeks following the launch of the Met Museum’s CC0 open access initiative, image downloads from the collection increased by 260%

Gift of Assunta Sommella Peluso, Ada Peluso, and Romano I. Peluso, in memory of Ignazio Peluso, 2003 CC0

Licenses and Legal Tools

Our legal tools and licenses form the backbone of our work. This year, we marked several milestones to increase the robustness of our legal frameworks and tools for sharing on the web.

In 2017, we welcomed seven new translations to the CC 4.0 license suite – Turkish, French, Italian, Swedish, Arabic, Croatian, and German, and three new translations of CC0 – Italian, Latvian, and Swedish. These languages are among the most spoken in the world, and the translation process is community-driven and draws on the expertise of our global network. As part of its stewardship responsibilities, CC closely tracked several disputes involving CC Licenses, intervening in one with a request to file an amicus brief to provide guidance on the proper interpretation of the licenses especially regarding the meaning of non-commercial. In each known instance, CC licenses were again enforced and interpreted properly, attesting to their robustness and clarity.

In addition, we redesigned our deeds and framing of the license pages with an appealing modern refresh, submitted an application to be included in unicode (approved in 2018), and launched the landmark Termination of Transfer tool, which you can read more about below. In particular, the unicode approval is an exciting addition to our already robust portfolio – creators will easily be able to mark their CC-licensed works with icons in text and users will be able to provide attribution for CC-licensed works they use with icons. We also participated in forums to develop policies for preprint publication of scholarly works and data, and continue cross organizational support for products in development, supporting and protecting our trademarks and brands.

Show MoreShow Less
Project Profile

RightsBack.org

The Termination of Transfer (“ToT”) tool is a collaboration between Authors Alliance and Creative Commons that empowers authors to regain control of their work.

The tool enables authors to learn about termination of transfer provisions, which allow authors to terminate licensing arrangements they have made with publishers that have prevented them from sharing openly or otherwise re-releasing their works. Anyone, including artists, photographers, scholars, and scientists, can use this new tool to discover more about eligibility and timing requirements for the right to take back rights previously assigned away. While this tool is currently U.S.-based only, Creative Commons plans to internationalize it for use worldwide.

Show MoreShow Less

Photo via Margorie Merel, CC BY

Community Profile

Margorie Merel

A self-proclaimed “apostle” of the movement for the Commons in Panama, Margorie’s involvement with CC began as part of her academic research in Law and Political Science.

As a steadfast advocate, Margorie has quickly become an integral part of the CC Network. This year, she appeared on Panamanian television to talk about the necessity of Creative Commons as well as presented her research to a number of local universities. For Margorie, “Teaching and sharing with teachers is the fundamental rock for me… I want to be part of a movement that believes in education, in the law; if we share we can build a better society with access to education. I like so much to teach, and CC provides the opportunity to get close to those people who can make a difference in my country.”

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CC Tools and Platforms

All over the world, commoners are celebrating, discussing, debating, and improving the Commons. With the kickoff of our new usability initiative, we’re ushering in a new phase of the Commons – one that makes it even easier to share.

Beginning an exciting year with the launch of the Met Open Access initiative, usability at CC entered a new phase to home in on what makes sharing meaningful and how we can update our tools for a new age of the Web. Our major events in San Francisco, New York, DC, and Thailand explored these questions with CC platforms, makers, artists, technologists, and more. In April, we published the Kickstarter funded book Made with Creative Commons, exploring a range of “pro-social” uses of CC across business, nonprofits, the arts, and more.

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With ‘Open Access,’ the Met Museum’s Digital Operation Has a Bona Fide Hit on Its Hands"

– Artnet, August 10, 2017
Open link

Photo by Scann, CC0

Community Impact Spotlight

Scann + Open GLAM

“CC has given me the space to help change the world I consider unfair and unjust. I want knowledge to be accessible for all and CC is a space where I feel I can achieve that.” - Evelin Heidel (Scann)

An integral, long-term member of our global community, Evelin Heidel (Scann) is one of the leading advocates for global Open GLAM in Argentina and a strong voice for diversity and inclusion in our network.

As a member of CC, Scann’s contributions to the Commons have been extensive and impactful: she’s helped build and install DIY Book Scanners at Argentine institutions to help them free their public domain books, translated articles, given workshops on digitization, organized the 2013 Global Summit in Buenos Aires, and helped to organize the Librebus Project in 2012. More recently, she was part of the Strategy Steering Committee and the Transition Committee for the CC Global Network. With a group of friends and colleagues, she works to maintain the public domain database of authors of Argentina. “One of the most important things about this community is that it has given me the chance to work with people and projects that I admire deeply, the kind of people and projects that I think have radically changed the way we see and have access to knowledge and culture,” says Scann. “Having the chance to work with those people and learn from them is one of the most astounding privileges I've had in my life, and for that I'm grateful.”

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Ryan Merkley, Katherine Maher, and Mark Surman discuss the “Big Open” at MozFest 2017, London CC BY-SA 4.0

Project Spotlight

The Big Open

“As organizations, we have recently gone through processes to understand the future. What is interesting to me is that we have landed in a similar place, looking for the same thing.” – Katherine Maher, Executive Director, Wikimedia Foundation, 2017

As partners in the “Big Open,” we’re working together with other open organizations to usher in a new solidarity movement for the Commons.

A new wave of momentum for our broad movements kicked off at Wikimania in August 2017. Together with our partners in the movement, notably Wikimedia Foundation and Mozilla, we’re coalescing around our shared values to mobilize people to action. As a big tent for political work, the Big Open is a vision of what radical global participation could look like. “As individuals, we wear many hats at once,” writes Alek Tarkowski of CC Poland. However, “across the world, our communities overlap… with many goals and projects. It is this movement that needs to be strengthened by our collective action, rather than just particular projects and organizations.” Building on a vision of community-centered open movements, the Big Open strives to work collaboratively to support our communities across projects and organizations.

Show MoreShow Less

It’s inspiring to see how creative people are when you make a collection like the Met’s accessible for them to use, share and remix without restriction.”

- Loic Tallon, Met Museum Chief Digital Officer
Houses with Red by Charles Demuth 1917 CC0

Certificates

Mari Moreshead CC BY

CC Certificates, a course built as an Open Educational Resource, kicked off at the end of 2017 with its first cohort of 50 librarians and educators working toward a more open world.

In a two-year process culminating in 2017, CC built the curriculum for the CC Certificate, an online course targeted to librarians and educators to help them incorporate CC licenses and copyright education more effectively within their organizations and institutions. The team looks forward to expanding this program for other professions to meet the unprecedented demand for the course – the 50 person beta cohort was selected from more than 420 applicants. In addition to completing the course itself, the first group of participants gave week-by-week evaluations of the materials and assessments to help improve the course.

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cc_community_icon+circle

The Community

Global Network

In 2017, a revised community-driven strategy laid the groundwork for the CC Global Network to organize, collaborate, and share at a global scale.

This year, we established four new organizing task forces for the global network: copyright reform, open education, GLAM, and community development. These platforms provide a new vision for the CC Network and a burgeoning era of awareness and advocacy for the Creative Commons. The process, organized over two years and including dozens of CC community members, created documentation to launch a revitalized membership program, providing volunteers the agency to self-organize at the local level with colleagues and peers working in the open.

Show MoreShow Less

No tool is better than the people who use it.”

– Caroline Woolard, Artists in Conversation on Collaboration, Community, and the Commons

Summit

Creative Commons Global Summit 2017 Sebastiaan ter Burg CC BY 2.0

Sharing and the Commons: What’s next? The Global Summit, our annual gathering for the Commons, has become a sought-after event for Open Advocates around the world.

More than 400 Commoners from over 60 countries gathered in Toronto for an amazing weekend of community, coalition building, and planning for the future of the CC Global Network. This year’s summit welcomed a record breaking 90 scholarship recipients – nearly a quarter of total participants. Highlights included over 100 sessions, 4 keynotes from internationally recognized activists, 5 tracks, and the incredible, 200 pound 3D replica of the Palmyra Tetrapylon presented by re:3D and the #NEWPALMYRA project.

Show MoreShow Less

Ken Bauer 2017/365/284 Uncommon Women CC BY-NC-SA 2.0

Project Spotlight

UnCommon Women

As part of the UnCommon Women initiative led by CC Canada Public Lead Kelsey Merkley, summit attendees were greeted with a coloring book of the faces of some of the most inspiring women from the Commons.

In Kelsey’s words, “I started UnCommon Women because I wanted to celebrate and amplify the many strong, brilliant, and busy women of the Open Movement, across libraries, CC, Mozilla, academia, and Wikipedia.” UnCommon Women is building an uncommon community around the globe, facilitating conversations and connection around the need for women’s voices to be amplified in the Open Movement, tech, and beyond.

Show MoreShow Less

We're looking forward more than backward – taking this place that's a symbolic battleground for control over the Syrian cultural identity and its people, and freeing it, digitally."

- Barry Threw, "How a 3D-printed piece of Palmyra landed in Toronto," CBC, May 02, 2017
Open link
Creative Commons Global Summit 2017 by Sebastiaan ter Burg CC By 2.0

Policy

We support progressive policy change by advocating for copyright reform in the public interest, promoting open access to scientific research and educational materials, protecting net neutrality, and calling for transparency and a rebalance of copyright rules negotiated via trade agreements.

With more than 40 blog posts and whitepapers published this year alone, we’re a crucial voice in the conversation around the issues that matter most on the web – and getting stronger with the support of our Global Member Network. This year, we worked together to produce expert policy analyses and respond to public consultations on copyright matters. We contributed to relevant working groups and coalitions, including Communia, and we participated in a variety of key policy conferences and events, like Mozilla Festival, Rightscon, and WIPO.

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Fundación Karisma, Colombia

Community Impact Spotlight

“Sharing is not a crime!” CC Supports Diego Gómez

“Compartir no es delito!” “Sharing is not a crime!” The rallying cry was heard around the world, sounded by the civil society organization Fundación Karisma in support of Diego Gómez, a Colombian conservation biologist who was prosecuted for sharing a research paper online.

Together with other organizations including EFF, Derechos Digitales, and SPARC, we provided crucial solidarity and support for this campaign, writing nine blog posts in English and Spanish, promoting on social media, and helping develop a crowdfunding campaign to help offset Diego’s massive legal costs. This year, Diego was acquitted on all charges, bringing a three year legal battle over the right to share to a close.

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Foto de la charla "Ciberactivismo feminista" del Encuentro de Feministas Desorganizadas by Celeste Korol CC BY-SA 2.0

Community Profile

Mariana Fossatti

“I like to be a part of a community where I can act in a broad spectrum field that includes activists, artists, politicians, librarians, teachers, students, academics, and journalists. They have in common the fight for a more just world and an interest in social justice." Mariana has considered herself a free culture activist since she began using CC licenses for her own work ten years ago.

In 2013, she joined with other activists and free culture organizations to found the CC Uruguay chapter, now one of the most active and prolific Creative Commons communities, and is a part of a collective of social organizations called Derecho a la Cultura. She is currently involved with a number of collaborative projects with CC UY, including Autores.uy for public domain works, the free music catalog Musica Libre, film and music festivals, and workshops about copyright and licensing. In the last few years, Mariana participated in the public campaign “Todos ganamos derechos” to support copyright reform in Uruguay. Mariana says, “Being part of a global movement allows activists to think and act locally, with tools that are useful for working with a large university or government, as well as with a local library or a collective of artists.”

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Did you know?

PLOS counts 7,000 editorial board members and 70,000+ volunteer peer reviewers each year, all working under CC Licenses

Open Education

Our open education work focuses on advocacy and awareness-raising, open practices and policies, mentoring new leaders, co-leading the movement, and creating new OER production and adoption models.

This year, Open Education celebrated a range of accomplishments all over the world, including: the 2nd World OER Congress and 2017 Ljubljana OER Action Plan; Cape Town Declaration +10; OER Policy Brief for the Commonwealth; Open Licensing Playbook for Government; national open education strategies in Romania, Morocco, South Africa, Kyrgyzstan, Slovenia, Bangladesh, Nigeria, Saudi Arabia and more; open licensing policies in the European Union, British Columbia and Alberta, and in US states and federal departments. Together with our community, we’re celebrating over 700 members in our new CC Open Education Platform, driving open education forward every day.

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Community Profile

Amanda Coolidge

“I see CC individuals as leaders of change and I believe that this community will determine the direction our society is heading.”

Amanda Coolidge is the Senior Manager for Open Education at BC Campus and works with all 25 public post secondary institutions in British Columbia to advocate for open education in Canada. A member of the CC Open Education platform, Amanda started the popular Twitter hashtag #500andcounting (now #700andcounting), a visibility campaign and call to action to champion the voices of the Open Education Movement, connecting open educators globally and help them spread the word. “I really love the passion of CC community members,” says Amanda. “The diversity of perspectives and the immense knowledge sharing is what draws me to this community. I love that the people involved in CC are involved because, like me, they believe that knowledge should be made accessible to all and that by sharing information we become better.”

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Community Impact Spotlight

CC Tanzania

The Tanzanian CC Community has established a strong legal and advocacy framework to educate their community about the necessity of open access to knowledge.

By conducting workshops, trainings, and meetings as well as building partnerships with aligned organizations, CC Tanzania has reached thousands and built the framework for continued partnership and cooperation within Tanzania and beyond. This year, CC Tanzania provided trainings for students, young librarians, and lawyers and promoted Open Access and Open Data in Africa through their accelerated community building work.

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Community Building

Since its launch in June of 2017, the Community Activities Fund has funded 27 projects across the globe and provided more than $17,000 for community projects.

As facilitators of the Creative Commons movement, CC prioritizes the funding of community-led projects, including meetups, team building events, guidebooks, and salons. In addition, we’ve worked with a number of African community members to facilitate the growth of CC Communities across West Africa and in Zimbabwe, and to reinvigorate our work in Jordan and Venezuela.

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Photo by joi Ito CC BY 2.0

Project Spotlight

Bassel Khartabil Fellowship and Memorial Fund

On August 1, 2017, we received the heartbreaking news that our friend Bassel (Safadi) Khartabil, detained since 2012, was executed by the Syrian government shortly after his 2015 disappearance.

Khartabil was a Palestinian Syrian open internet activist, a free culture hero, and an important member of our community. In honor of his contributions to the Commons, Creative Commons and its partners launched both the Bassel Khartabil Memorial Fund and Free Culture Fellowship to continue his legacy. In less than a year, the memorial fund has raised $260,000 for free culture projects, programs, and grants to support individuals advancing collaboration, community building, and leadership development in the open communities of the Arab world.

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Moh'd El Hafez Photography

Community Impact Spotlight

CC Jordan

The revitalized CC Jordan community is a hub for Creative Commons activity in the Arab World.

As advocates for a renewed Creative Commons presence in their local community, CC Jordan has been active with other organizations including Wikimedia Levant, TechWomen, Princess Sumaya University for Technology, and I-Dare organization. This year, CC Jordan restarted their country team with the help of our global Community Activities Fund and communications tools. Through meetings and events, they are building a network of members and volunteers, with one successful public gathering this year and more to come.

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Did you know?

Wikimedia Commons has over 42 million files – all of them freely licensed.

Credit: Basotxerri CC BY-SA 4.0

cc_financials_icon+circle

Financials

Expenses

Expense by program
2016 Audited Financials

$
Education
85%
$
Technology
49%
$
International / Affiliates
41%
$
Culture, Communications, Platform Support
41%
$
Legal
24%
$
Policy
12%
$
Fundraising
45%
$
Administration
40%

Income

Income by Category
2016 Audited Financials

$
Foundations
86%
$
Individual
10%
$
Corporations
8%
$
In-kind Donations
2%

In 2016, Creative Commons received a transformative contribution of $10,000,000 from the The William and Flora Hewlett Foundation, which will be expended over a multi-year period to support the work of CC’s renewed organizational strategy.

Thank you

Creative Commons is grateful to our global community of foundations, sponsors, and individual donors who share our vision and make all our work possible. On behalf of the entire Creative Commons community – Board, staff, affiliates, and contributors from all over the world – thank you!

Acknowledgements

We gratefully acknowledge support from The William and Flora Hewlett Foundation as well as our lead community of donors, including Anonymous, Arcadia Fund, Argosy Foundation, Brin Wojcicki Foundation, Charles and Lynn Schusterman Family Foundation, CouponFollow, eCampus Ontario, Eric Saltzman and Victoria Munroe Charitable Fund, Ford Foundation, Google, Institute of Museum and Library Services, John S. and James L. Knight Foundation, Mozilla, Private Internet Access, Re:Create Coalition, Samuel H. Kress Foundation, Stewart J. Guss, Attorney at Law, and the Vadasz Family Foundation.

We would like to acknowledge the following individuals and organizations for their contributions to this year’s State of the Commons report. Thank you!

Growth Data

Erin Simon & team, Google
Eleanor Kenny, Europeana
Liviu Iorgulescu, Jamendo
Lila Bailey, Internet Archive
Brian Carver, YouTube
Danielle McKay, DeviantArt
Cheyenne Hohman, Free Music Archive
Ross Oldenburg, Free Music Archive
Frank Polcino, Makerbot/Thingiverse
Catherine Snow, Makerbot/Thingiverse
Sylvia Ng, 500px
Rommil Santiago, 500px
Neil Quinn, Wikimedia Foundation
Ed Erhart, Wikimedia Foundation
Alex Feerst, Medium
Simon Steinberger, Pixabay
Matt Lee, Libre.fm
 

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Attribution

Attribution information is directly beneath or next to most images in the report. Any images that were not attributed directly in the report are listed below

KPA_6840 Creative Commons Summit 2017 Photo by Kristina Alexanderson CC BY-SA 2.0

KPA_6833 Creative Commons Summit 2017 Photo by Kristina Alexanderson CC BY-SA 2.0

Jane Park at the Creative Commons Global Summit 2017 Photo by Sebastiaan ter Burg CC BY 2.0

KPA_6770 Creative Commons Summit 2017 Photo by Kristina Alexanderson CC BY-SA 2.0

terBurgDSCF0489 by Sebastiaan ter Burg CC BY 2.0

Megan with made with CC summit Photo by Jennie Rose Halperin CC BY 2.0

CC Summit 2011 Warsaw Photo by Kristina Alexanderson CC BY 2.0

Creative Commons Global Summit 2017 by Sebastiaan ter Burg CC BY 2.0

Creative Commons Global Summit 2017 by Sebastiaan ter Burg CC BY 2.0

Cable Green, Creative Commons Global Summit 2017 by Regina Gong CC BY 2.0

Creative Commons Global Summit 2017 by Sebastiaan ter Burg CC BY 2.0

Photo by Rebecca Lendl, CC BY

Creative Commons Global Summit 2017 by Sebastiaan ter Burg CC BY 2.0

Creative Commons Global Summit 2017 by Sebastiaan ter Burg CC BY 2.0

Noun Project Icons

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Created by useiconic.com from the Noun Project

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Frequently Asked Questions

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Frequently Asked Questions

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These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information.

  • Other CC FAQs: CC0 Public Domain Dedication and Public Domain Mark.
  • “Licensor”, “rights holder”, “owner”, and “creator” may be used interchangeably to refer to the person or entity applying a CC license.
  • Information about the licenses is primarily made with reference to the 4.0 suite, but earlier license versions are mentioned where they differ.
  • Have a question that isn’t answered here? Contact info@creativecommons.org.

Creative Commons does not provide legal advice. This FAQ is for informational purposes and is not a substitute for legal advice. It may not cover important issues that affect you. You should consult with your own lawyer if you have questions.

About CC

What is Creative Commons and what do you do?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. Our legal tools help those who want to encourage reuse of their works by offering them for use under generous, standardized terms; those who want to make creative uses of works; and those who want to benefit from this symbiosis. Our vision is to help others realize the full potential of the internet. CC has affiliates all over the world who help ensure our licenses work internationally and who raise awareness of our work.

Although Creative Commons is best known for its licenses, our work extends beyond just providing copyright licenses. CC offers other legal and technical tools that also facilitate sharing and discovery of creative works, such as CC0, a public domain dedication for rights holders who wish to put their work into the public domain before the expiration of copyright, and the Public Domain Mark, a tool for marking a work that is in the worldwide public domain. Creative Commons licenses and tools were designed specifically to work with the web, which makes content that is offered under their terms easy to search for, discover, and use.

For more information about CC, our main website contains in-depth information about the organization, its staff and board of directors, its history, and its supporters. You can also read CC case studies to learn about some of the inspiring ways CC licenses and tools have been used to share works and support innovative business models. You can find regularly updated information about CC by visiting the blog.

Absolutely not. CC has responded to claims to the contrary. CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

That said, Creative Commons recognizes the need for change in copyright law, and many members of the Creative Commons community are active participants in the copyright reform movement. For more information, see our statement in support of copyright reform.

What does “Some Rights Reserved” mean?

Copyright grants to creators a bundle of exclusive rights over their creative works, which generally include, at a minimum, the right to reproduce, distribute, display, and make adaptations. The phrase “All Rights Reserved” is often used by owners to indicate that they reserve all of the rights granted to them under the law. When copyright expires, the work enters the public domain, and the rights holder can no longer stop others from engaging in those activities under copyright, with the exception of moral rights reserved to creators in some jurisdictions. Creative Commons licenses offer creators a spectrum of choices between retaining all rights and relinquishing all rights (public domain), an approach we call “Some Rights Reserved.”

No. Creative Commons is not a law firm and does not provide legal advice or legal services. CC is similar to a self-help service that offers free, form-based legal documents for others to use. These FAQ answers many of the most common questions. There is also specialized information available on the following pages:

While CC does provide this informational guidance about its licenses and other tools, this information may not apply to your particular situation, and should never be taken as legal advice.

If you’re looking for legal advice about using CC licenses and other tools, we recommend contacting the Creative Commons affiliate in your jurisdiction. CC affiliates are highly connected to the communities of copyright lawyers in their countries. We also offer a list of lawyers and organizations who have identified themselves as willing to provide information to others about CC licensing issues. However, please note that CC does not provide referral services, and does not endorse or recommend any person on that list.

Does Creative Commons collect or track material licensed under a CC license?

No, CC does not collect content or track licensed material. However, CC builds technical tools that help the public search for and use works licensed under our licenses and other legal tools, and many others have built such tools as well. CC Search is one tool developed by CC to help the public discover works offered under Creative Commons licenses on the internet via CC-aware search engines and repositories.

What do the Creative Commons buttons do?

The CC buttons are a shorthand way to convey the basic permissions associated with material offered under CC licenses. Creators and owners who apply CC licenses to their material can download and apply those buttons to communicate to users the permissions granted in advance. When the material is offered online, the buttons should usually link out to the human-readable license deeds (which, in turn, link to the license itself).

May I use the Creative Commons logo and buttons?

You may download high resolution versions of the Creative Commons logos and use them in connection with your work or your website, provided you comply with our policies. Among other things, if you use the logos on a website or on your work, you may not alter the logos in any respect—such as by changing the font, the proportions, or the colors. CC’s buttons, name, and corporate logo (the “CC” in a circle) are trademarks of Creative Commons. You cannot use them in ways not permitted by our policies unless you first receive express, written permission. This means, for example, that you cannot (without our permission) print your own buttons and t-shirts using CC logos, although you can purchase them in CC’s store.

I love Creative Commons. How can I help?

Please support CC by making a donation through our support page. Donations can be handled through PayPal or by credit card. You can also support CC by visiting our store.

CC always welcomes your feedback, which you can provide by emailing . You can also participate in CC’s email discussion lists and share feedback and ideas in one of those forums.

If you are a software developer, sysadmin, or have other technical expertise, please join our developer community and help build the tools that build the commons.

Finally, one of the best ways to support CC is by supporting our causes yourself. Follow our blog to find out about current issues where you can help get involved and spread the word, and advocate for free and open licensing in your own communities.

Why does Creative Commons run an annual fundraising campaign? What is the money used for and where does it go?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, with affiliates all over the world who help ensure our licenses work internationally and raise awareness about our work. Our tools are free, and our reach is wide.

In order to…

  • continue developing our licenses and public domain tools to make sure they are legally and technically up-to-date around the world,
  • help creators implement these tools on websites through best practices and individual assistance,
  • enable CC licensing on major content-sharing platforms,
  • enhance CC-licensed resource search and discovery,
  • advocate for CC licensing and open policies in education, science, and culture, and
  • myriad other activities we’re forgetting to mention, such as all the everyday boring but essential operations that go into running an organization

…we need $ to make it all happen! For more information, please take a look at our Annual Report.

Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. It is essential we have the public’s support because it is the creators and users of CC material who make our tools relevant in this digital age. They depend on the tools and services CC provides through their reuse and remix of the rich, open resources available on Wikipedia, Flickr, SoundCloud, Vimeo, Europeana, MIT OpenCourseWare, the Library of Science, Al Jazeera, and YouTube—just to name a few. Many of these people donate $10, $25, or $50 to CC, to help keep it up and running so we can continue to provide our tools and services for free, as a nonprofit organization. The more people who donate to CC, the more independent it will remain.

General License Information

What are Creative Commons licenses?

Creative Commons licenses provide an easy way to manage the copyright terms that attach automatically to all creative material under copyright. Our licenses allow that material to be shared and reused under terms that are flexible and legally sound. Creative Commons offers a core suite of six copyright licenses. Because there is no single “Creative Commons license,” it is important to identify which of the six licenses you are applying to your material, which of the six licenses has been applied to material that you intend to use, and in both cases the specific version.

All of our licenses require that users provide attribution (BY) to the creator when the material is used and shared. Some licensors choose the BY license, which requires attribution to the creator as the only condition to reuse of the material. The other five licenses combine BY with one or more of three additional license elements: NonCommercial (NC), which prohibits commercial use of the material; NoDerivatives (ND), which prohibits the sharing of adaptations of the material; and ShareAlike (SA), which requires adaptations of the material be released under the same license.

CC licenses may be applied to any type of work, including educational resources, music, photographs, databases, government and public sector information, and many other types of material. The only categories of works for which CC does not recommend its licenses are computer software and hardware. You should also not apply Creative Commons licenses to works that are no longer protected by copyright or are otherwise in the public domain. Instead, for those works in the worldwide public domain, we recommend that you mark them with the Public Domain Mark.

How do CC licenses operate?

CC licenses are operative only when applied to material in which a copyright exists, and even then only when a particular use would otherwise not be permitted by copyright. Note that the latest version of CC licenses also applies to rights similar to copyright, such as neighboring rights and sui generis database rights. Learn more about the scope of the licenses. This means that CC license terms and conditions are not triggered by uses permitted under any applicable exceptions and limitations to copyright, nor do license terms and conditions apply to elements of a licensed work that are in the public domain. This also means that CC licenses do not contractually impose restrictions on uses of a work where there is no underlying copyright. This feature (and others) distinguish CC licenses from some other open licenses like the ODbL and ODC-BY, both of which are intended to impose contractual conditions and restrictions on the reuse of databases in jurisdictions where there is no underlying copyright or sui generis database right.

All CC licenses are non-exclusive: creators and owners can enter into additional, different licensing arrangements for the same material at any time (often referred to as “dual-licensing” or “multi-licensing”). However, CC licenses are not revocable once granted unless there has been a breach, and even then the license is terminated only for the breaching licensee.

There are also videos and comics that offer visual descriptions of how CC licenses work.

Which is the latest version of the licenses offered by Creative Commons?

In November 2013, Creative Commons published the version 4.0 license suite. These licenses are the most up-to-date licenses offered by CC, and are recommended over all prior versions. You can see how the licenses have been improved over time on the license versions page. 4.0 has been drafted to be internationally valid, and will have official translations becoming available after publication.

No. By design, CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions. This is a fundamental principle of CC licensing.

Who gives permission to use material offered under Creative Commons licenses?

Our licenses and legal tools are intended for use by anyone who holds copyright in the material. This is often, but not always, the creator.

Creative Commons offers licenses and tools to the public free of charge and does not require that creators or other rights holders register with CC in order to apply a CC license to a work. This means that CC does not have special knowledge of who uses the licenses and for what purposes, nor does CC have a way to contact creators beyond means generally available to the public. CC has no authority to grant permission on behalf of those persons, nor does CC manage those rights on behalf of others.

If you would like to obtain additional permissions to use the work beyond those granted by the license that has been applied, or if you’re not sure if your intended use is permitted by the license, you should contact the rights holder.

Are Creative Commons licenses enforceable in a court of law?

Creative Commons licenses are drafted to be enforceable around the world, and have been enforced in court in various jurisdictions. To CC’s knowledge, the licenses have never been held unenforceable or invalid.

CC licenses contain a “severability” clause. This allows a court to eliminate any provision determined to be unenforceable, and enforce the remaining provisions of the license.

What happens if someone applies a Creative Commons license to my work without my knowledge or authorization?

CC alerts prospective licensors they need to have all necessary rights before applying a CC license to a work. If that is not the case and someone has marked your work with a CC license without your authorization, you should contact that person and tell them to remove the license from your work. You may also wish to contact a lawyer. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What are the international (“unported”) Creative Commons licenses, and why does CC offer “ported” licenses?

One of CC’s goals is ensuring that all of its legal tools work globally, so that anyone anywhere in the world can share their work on globally standard terms. To this end, CC offers a core suite of six international copyright licenses (formerly called the “unported”) that are drafted based largely on various international treaties governing copyright, taking into account as many jurisdiction-specific legal issues as possible. The latest version (4.0) has been drafted with particular attention to the needs of international enforceability.

For version 3.0 and earlier, Creative Commons has also offered ported versions of its six core licenses for many jurisdictions (which usually correspond to countries, but not always). These ported licenses are based on the international license suite but have been modified to reflect local nuances in the expression of legal terms and conditions, drafting protocols, and language. The ported licenses and the international licenses are all intended to be legally effective everywhere. CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

Can governments and intergovernmental organizations (“IGOs”) use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors’ overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the “machine readable” layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]”; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you’re uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC’s Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC’s legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC’s Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and running pilot programs that allow creators to use CC licenses in some circumstances.

If you are already a member of a collecting society and want to use CC licenses, you are welcome to encourage your collecting society to give you the option of Creative Commons licensing.

Can I still make money from a work I make available under a Creative Commons license?

Yes. One of our goals is to encourage creators and rights holders to experiment with new ways to promote and market their work. There are several possible ways of doing this.

CC’s NonCommercial (NC) licenses allow rights holders to maximize distribution while maintaining control of the commercialization of their works. If you want to reserve the right to commercialize your work, you may do this by choosing a license with the NC condition. If someone else wants to use your work commercially and you have applied an NC license to your work, they must first get your permission. As the rights holder, you may still sell your own work commercially.

You may also use funding models that do not depend on using an NC license. For example, many artists and creators use crowdfunding to fund their work before releasing it under a less restrictive license. Others use a “freemium” model where the basic content is free, but extras such as a physical printed version or special access to a members-only website are for paying customers only.

For more information and ideas, The Power of Open presents case studies of artists, businesspeople, and organizations who use CC.

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

No. CC licenses allow for flexibility in the way credit is provided depending on the medium, means, and context in which a licensee is redistributing licensed material. For example, providing attribution to the creator when using licensed material in a blog post may be different than doing so in a video remix. This flexibility facilitates compliance by licensees and reduces uncertainty about different types of reuse—minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded.

Can I change the license terms or conditions?

Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons” or “CC” license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials. Keep in mind that altering terms and conditions is distinct from waiving existing conditions or granting additional permissions than those in the licenses. Licensors may always do so, and many choose to do so using the CC+ protocol to readily signal the waiver or additional permission on the CC license deed.

CC does not assert copyright in the text of its licenses, so you are permitted to modify the text as long as you do not use the CC marks to describe it. However, we do not recommend this. We also advise against modifying our licenses through indirect means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other material. This would prevent licensees from using, combining, or remixing content under your customized license with other content under the same or compatible CC licenses.

Modifying licenses creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.

Can I waive license terms or conditions?

Yes. You may always choose to waive some license terms or conditions. Material licensed under a CC license but with additional permissions granted or conditions waived may be compatibly licensed with other material under the same license. Our CC+ protocol provides a mechanism for facilitating that grant or waiver.

Can I enter into separate or supplemental agreements with users of my work?

Yes. CC licenses are nonexclusive. Licensors always have the option of entering into separate arrangements for the sharing of their material in addition to applying a CC license. However, those different arrangements are not “CC” or “Creative Commons” licenses.

Separate agreements: You may offer the licensed material under other licenses in addition to the CC license (a practice commonly referred to as “dual licensing”). For example, you may wish to license a video game soundtrack under both a CC license and the GPL, so that it may be used under either set of terms. A reuser may then choose which set of terms to comply with. Or, for example, you may offer your material to the public under a NonCommercial license, but offer commercial permissions to fee-paying customers.

Supplemental agreements: Problems arise when licensors design those terms or arrangements to serve not as separate, alternative licensing arrangements but as supplemental terms having the effect of changing the standard terms within the CC license. While you may offer separate terms and conditions to other parties, you should not do so in such a way that would neutralize terms of the CC license.

Except in the limited situation where more permissions are being granted or license conditions are waived, if the additional arrangement modifies or conflicts with the CC license terms, then the resulting licensing arrangement is no longer a CC licensing arrangement. To avoid confusing those who may mistakenly believe the work is licensed under standard CC terms, we must insist that in these instances licensors not use our trademarks, names, and logos in connection with their custom licensing arrangement.

It should be noted that any agreements you make with other parties only have an effect on the other parties to that agreement, and do not apply to anyone else receiving the licensed material. For example, if there are terms of use that apply to visitors to your website on which you host CC-licensed material, your terms of use may apply to visitors to that website, but not to anyone who receives copies of the CC-licensed material elsewhere. Even for the visitors to your website, any separate terms and conditions do not become part of the license—they remain a separate contractual agreement, and violation of this agreement does not constitute copyright infringement.

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

A CC license terminates automatically when its conditions are violated. For example, if a reuser of CC-licensed material does not provide the attribution required when sharing the work, then the user no longer has the right to continue using the material and may be liable for copyright infringement. The license is terminated for the user who violated the license. However, all other users still have a valid license, so long as they are in compliance.

Under the 4.0 licenses, a licensee automatically gets these rights back if she fixes the violation within 30 days of discovering it.

If you apply a Creative Commons license and a user violates the license conditions, you may opt to contact the person directly to ask them to rectify the situation or consult a lawyer to act on your behalf. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

As long as users abide by license terms and conditions, licensors cannot control how the material is used. However, CC licenses do provide several mechanisms that allow licensors to choose not to be associated with their material or to uses of their material with which they disagree.

First, all CC licenses prohibit using the attribution requirement to suggest that the licensor endorses or supports a particular use. Second, licensors may waive the attribution requirement, choosing not to be identified as the licensor, if they wish. Third, if the licensor does not like how the material has been modified or used, CC licenses require that the licensee remove the attribution information upon request. (In 3.0 and earlier, this is only a requirement for adaptations and collections; in 4.0, this also applies to the unmodified work.) Finally, anyone modifying licensed material must indicate that the original has been modified. This ensures that changes made to the original material–whether or not the licensor approves of them–are not attributed back to the licensor.

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

The use of any effective technical protection measures (such as digital rights management or “DRM”) by licensees to prevent others from exercising the licensed rights is prohibited.

Not all kinds of encryption or access limitations are prohibited by the licenses. For example, sending content via email and encrypting it with the recipient’s public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a particular set of users (for example, by requiring a username and password to enter a site) does not restrict further use of the content by the recipients. In these examples, these things do not prevent the recipient from exercising all of the rights granted by the license, including the right to redistribute it further.

If someone is applying effective technological measures to your CC-licensed material that do restrict exercise of the licensed rights (such as applying DRM that restricts copying), this is a violation of the license terms unless you have chosen to grant this permission separately.

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

No. CC licenses grant permission to use the licensed material in any media or format regardless of the format in which it has been made available. This is true even if you have applied a NoDerivatives license to your work. Once a CC license is applied to a work in one format or medium, a licensee may use the same work in any other format or medium without violating the licensor’s copyright.

What if I change my mind about using a CC license?

CC licenses are not revocable. Once something has been published under a CC license, licensees may continue using it according to the license terms for the duration of applicable copyright and similar rights. As a licensor, you may stop distributing under the CC license at any time, but anyone who has access to a copy of the material may continue to redistribute it under the CC license terms. While you cannot revoke the license, CC licenses do provide a mechanism for licensors to ask that others using their material remove the attribution information. You should think carefully before choosing a Creative Commons license.

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

CC offers six core licenses, each of which grants a different set of permissions. Before you use CC-licensed material, you should review the terms of the particular license to be sure your anticipated use is permitted. If you wish to use the work in a manner that is not permitted by the license, you should contact the rights holder (often the creator) to get permission first, or look for an alternative work that is licensed in a way that permits your anticipated use. Note that if you use material in a way that is not permitted by the applicable license and your use is not otherwise permitted by an applicable copyright exception or limitation, the license is automatically terminated and you may be liable for copyright infringement, even if you are eligible to have your rights reinstated later.

Before using material offered under a Creative Commons license, you should know that CC licenses only grant permissions needed under copyright and similar rights, and there may be additional rights you need to use it as intended. You should also understand that licensors do not offer warranties or guarantees about the material they are licensing unless expressly indicated otherwise. All materials are licensed “AS IS” and a disclaimer of warranties applies unless expressly provided otherwise. If you want to ask for a warranty or guarantee about rights to use the material, you should talk with the licensor before using it.

Does a Creative Commons license give me all the rights I need to use the work?

It depends. CC licenses do not license rights other than copyright and similar rights (which include sui generis database rights in version 4.0). For example, they do not license trademark or patent rights, or the publicity, personality, and privacy rights of third parties. However, licensors agree to waive or not assert any moral rights, publicity rights, personality rights, or privacy rights they themselves hold, to the limited extent necessary to allow exercise of the licensed rights. Any rights outside of the scope of the license may require clearance (i.e., permission) in order to use the work as you would like.

Additionally, creative works sometimes incorporate works owned by others (known as “third party content”), often used pursuant to a CC license or under an exception or limitation to copyright such as fair use in the U.S. You should make sure you have permission to use any third party content contained in the work you want to use, or that your use is otherwise allowed under the laws of your jurisdiction, particularly in cases such as fair use where your right to use the content depends on the particular context in which you plan to use it.

All CC licenses contain a disclaimer of warranties, meaning that the licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work. You may wish to obtain legal advice before using CC-licensed material if you are not sure whether you have all the rights you need.

What if there are sui generis database rights that apply to my use of a CC-licensed database?

In the somewhat limited circumstances where sui generis database rights apply to your use, special conditions apply and there are more specific considerations you should be aware of. Under 4.0, sui generis database rights are licensed alongside copyright, but the treatment in earlier versions of the license varies. A fuller explanation of these variations and related considerations is available in the Data FAQ.

Where can I find material offered under a CC license?

If you are looking for material offered under a Creative Commons license, CC Search is a good starting point. There is also a directory of organizations and individuals who use CC licenses. Some media sites, such as Flickr, have search filters for material licensed using CC’s licenses.

Be sure to confirm that the material you want to use is actually under a CC license, as search results may sometimes be misleading.

Are Creative Commons works really free to use?

Yes. While many if not most CC-licensed works are available at no cost, some licensors charge for initial access to CC-licensed works—for example, by publishing CC-licensed content only to subscribers, or by charging for downloads. However, even if you have paid an access charge, once you have a copy of CC-licensed material, you may make any further uses permitted by the license without paying licensing fees.

(If you wish to make uses that are not permitted by the license—for example, making a commercial use of an NC-licensed photo—the licensor may charge for those additional rights.)

What should I know about differences between the international licenses and the ported licenses?

As a licensee, you should always read and understand the relevant license’s legal code before using CC-licensed material, particularly if you are using material that is licensed using a ported license with which you are unfamiliar. Our porting process involved adapting the international licenses to the legal framework of different jurisdictions, and in that process slight adjustments may have been made that you should make yourself aware of in advance of using the material. You can find more information about the ported licenses in the Jurisdiction Database.

There are currently no ported versions of 4.0, and we expect there will be few, if any, in the future. All official translations of the 4.0 international licenses are equivalent: you may substitute one for another depending on your preferred language.

However, the ported versions of 3.0 and earlier sometimes contain small differences from the international license depending on the ways in which they have been adapted to their jurisdictions. For example, a handful of the ported licenses contain provisions specifying which laws will apply in the event the licensor chooses to enforce the license, and a few of the ported licenses contain forum selection clauses.

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Contact the rights holders to ask for permission. Otherwise, unless an exception or limitation to copyright applies, your use of the material may violate the Creative Commons license. If you violate the terms of the license, your rights to use the material will be automatically terminated, and you may be liable for copyright infringement.

Do I always have to comply with the license terms? If not, what are the exceptions?

You need to comply with the license terms if what you are doing would otherwise require permission from the rights holder. If your use would not require permission from the rights holder because it falls under an exception or limitation, such as fair use, or because the material has come into the public domain, the license does not apply, and you do not need to comply with its terms and conditions. Additionally, if you are using an excerpt small enough to be uncopyrightable, the license does not apply to your use, and you do not need to comply with its terms.

However, if you are using excerpts of CC-licensed material which individually are minimal and do not require license compliance, but together make up a significant copyrightable chunk, you must comply with the license terms. For example, if you quote many individual lines from a poem across several sections of a blog post, and your use is not a fair use, you must comply with the license even though no individual line would have been a substantial enough portion of the work to require this.

Attribution

How do I properly attribute material offered under a Creative Commons license?

All CC licenses require users to attribute the creator of licensed material, unless the creator has waived that requirement, not supplied a name, or asked that her name be removed. Additionally, you must retain a copyright notice, a link to the license (or to the deed), a license notice, a notice about the disclaimer of warranties, and a URI if reasonable. For versions prior to 4.0, you must also provide the title of the work. (Though it is not a requirement in 4.0, it is still recommended if one is supplied.)

You must also indicate if you have modified the work—for example, if you have taken an excerpt, or cropped a photo. (For versions prior to 4.0, this is only required if you have created an adaptation by contributing your own creative material, but it is recommended even when not required.) It is not necessary to note trivial alterations, such as correcting a typo or changing a font size. Finally, you must retain an indication of previous modifications to the work.

CC licenses have a flexible attribution requirement, so there is not necessarily one correct way to provide attribution. The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner. Additionally, you may satisfy the attribution requirement by providing a link to a place where the attribution information may be found.

While the attribution requirements in the license are the minimum requirement, we always recommend that you follow the best practices for the kind of use you are making. For example, if you are using scientific data marked with CC0, you are not required to give attribution at all, but we recommend that you give the same credit you would give to any other source—not because the license requires it, but because that is the standard for letting others know the source of the data.

The CC website offers some best practices to help you attribute properly, and the CC Australia team has developed a helpful guide to attributing CC-licensed material (.pdf) in different formats. Note that the attribution and marking requirements vary slightly among license versions. See here for a chart comparing the specific requirements.

Do I need to be aware of anything else when providing attribution?

Yes. You need to be careful not to imply any sponsorship, endorsement, or connection with the licensor or attribution party without their permission. Wrongfully implying that a creator, publisher, or anyone else endorses you or your use of a work may be unlawful. Creative Commons makes the obligation not to imply endorsement explicit in its licenses. In addition, if the licensor of a work requests that you remove the identifying credit, you must do so to the extent practical.

Additionally, when you are using a work that is an adaptation of one or more pre-existing works, you may need to give credit to the creator(s) of the pre-existing work(s), in addition to giving credit to the creator of the adaptation.

Do I always have to attribute the creator of the licensed material?

You must attribute the creator when you provide material to the public by any means that is restricted by copyright or similar rights. If you are using the material personally but are not making it or any adaptations of it available to others, you do not have to attribute the licensor. Similarly, if you are only distributing the material or adaptations of it within your company or organization, you do not have to comply with the attribution requirement. Learn more about when compliance with the license is not required.

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such.

Can I take a CC-licensed work and use it in a different format?

Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.

This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work.

How do I know if a low-resolution photo and a high-resolution photo are the same work?

As with most copyright questions, it will depend on applicable law. Generally, to be different works under copyright law, there must be expressive or original choices made that make one work a separate and distinct work from another. The determination depends on the standards for copyright in the relevant jurisdiction.

Under U.S. copyright law, for example, mechanical reproduction of a work into a different format is unlikely to create a separate, new work. Consequently, digitally enhancing or changing the format of a work absent some originality, such as expressive choices made in the enhancement or encoding, will not likely create a separate work for copyright purposes. The creative bar is low, but it is not non-existent. Accordingly, in some jurisdictions releasing a photograph under a CC license will give the public permission to reuse the photograph in a different resolution.

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

The NoDerivs licenses (BY-ND and BY-NC-ND) prohibit reusers from creating adaptations. What constitutes an adaptation, otherwise known as a derivative work, varies slightly based on the law of the relevant jurisdiction.

Incorporating an unaltered excerpt from an ND-licensed work into a larger work only creates an adaptation if the larger work can be said to be built upon and derived from the work from which the excerpt was taken. Generally, no derivative work is made of the original from which the excerpt was taken when the excerpt is used to illuminate an idea or provide an example in another larger work. Instead, only the reproduction right of the original copyright holder is being exercised by person reusing the excerpt. All CC licenses grant the right to reproduce a CC-licensed work for noncommercial purposes (at a minimum). For example, a person could make copies of one chapter of an ND-licensed book and not be in violation of the license so long as other conditions of the license are met.

There are exceptions to that general rule, however, when the excerpts are combined with other material in a way that creates some new version of the original from which the excerpt is taken. For example, if a portion of a song was used as part of a new song, that may rise to the level of creating an adaptation of the original song, even though only a portion of it was used and even if that portion was used as-is.

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

No. When you receive material under a Creative Commons license, you may not place additional terms and conditions on the reuse of the work. This includes using effective technological measures (ETMs) that would restrict a licensee’s ability to exercise the licensed rights.

A technological measure is considered an ETM if circumventing it carries penalties under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements. Generally, this means that the anti-circumvention laws of various jurisdictions would cover attempts to break it.

For example, if you remix a CC-licensed song, and you wish to share it on a music site that places digital copy-restriction on all uploaded files, you may not do this without express permission from the licensor. However, if you upload that same file to your own site or any other site that does not apply DRM to the file, and a listener chooses to stream it through an app that applies DRM, you have not violated the license.

Note that merely converting material into a different format that is difficult to access or is only available for certain platforms does not violate the restriction; you may do this without violating the license terms.

Can I share CC-licensed material on password-protected sites?

Yes. This is not considered to be a prohibited measure, so long as the protection is merely limiting who may access the content, and does not restrict the authorized recipients from exercising the licensed rights. For example, you may post material under any CC license on a site restricted to members of a certain school, or to paying customers, but you may not place effective technological measures (including DRM) on the files that prevents them from sharing the material elsewhere.

(Note that charging for access may not be permitted with NC-licensed material; however, it is not disallowed by the restriction on ETMs.)

Can I share CC-licensed material on file-sharing networks?

Yes. All CC licenses allow redistribution of the unmodified material by any means, including distribution via file-sharing networks. Note that file-trading is expressly considered to be noncommercial for purposes of compliance with the NC licenses. Barter of NC-licensed material for other items of value is not permitted.

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

If you have received material under a CC license that is encumbered with effective technological measures (such as digital rights management or DRM), you may or may not be permitted to break it, depending on the circumstances. By releasing material under a CC license, the licensor agrees not to assert any rights she may have to prevent the circumvention of effective technological measures. (Under the 3.0 and earlier licenses, this is implied but not explicit.) However, if she has uploaded it to a site or other distribution channel that itself applies such measures, that site may have the right to prevent you from breaking them, even though the licensor herself cannot do so.

Note that anti-circumvention laws can impose criminal liability in some jurisdictions.

What if I have received CC-licensed material with additional restrictions?

It is possible that CC-licensed material will appear on platforms that impose terms in addition to the copyright license (though Creative Commons strongly discourages restrictions that interfere with exercise of the licensed rights). These additional terms do not form part of the license for the work. For example, if you download CC-licensed material from a site that does not permit downloading, you may be breaking the terms of use of the site, but you are not infringing the CC license. See our guide to Modifying the CC licenses for more guidance and information.

Combining and adapting CC material

When is my use considered an adaptation?

Whether a modification of licensed material is considered an adaptation for the purpose of CC licenses depends primarily on the applicable copyright law. Copyright law reserves to an original creator the right to create adaptations of the original work. CC licenses that allow for adaptations to be shared—all except BY-ND and BY-NC-ND—grant permission to others to create and redistribute adaptations when doing so would otherwise constitute a violation of applicable copyright law. Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable, such as a translation of a novel from one language to another, or the creation of a screenplay based on a novel.

Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation, whether or not it would be considered so under applicable law. Also, under version 4.0, certain uses of databases restricted by sui generis database rights also constitute adaptations (called “Adapted Material” in the 4.0 licenses), whether or not they would be considered adaptations under copyright law. For more details about adaptations in the database context, see the Data FAQ.

Note that all CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license.

Note on terminology: throughout these FAQs, we use the term “remix” interchangeably with “adapt.” Both are designed to mean doing something that constitutes an adaptation under copyright law.

Can I combine material under different Creative Commons licenses in my work?

It depends. The first question to ask is whether doing so constitutes an adaptation. If the combination does not create an adaptation, then you may combine any CC-licensed content so long as you provide attribution and comply with the NonCommercial restriction if it applies. If you want to combine material in a way that results in the creation of an adaptation (i.e. a “remix”), then you must pay attention to the particular license that applies to the content you want to combine.

The NoDerivatives licenses do not permit remixing except for private use (the pre-4.0 licenses do not permit remixing at all, except as allowed by exceptions and limitations to copyright). All the other CC licenses allow remixes, but may impose limitations or conditions on how the remix may be used. For example, if you create a remix with material licensed under a ShareAlike license, you need to make sure that all of the material contributed to the remix is licensed under the same license or one that CC has named as compatible, and you must properly credit all of the sources with the required attribution and license information. Similarly, if you want to use a remix for commercial purposes, you cannot incorporate material released under one of the NonCommercial licenses.

The chart below shows which CC-licensed material can be remixed. To use the chart, find a license on the left column and on the top right row. If there is a check mark in the box where that row and column intersect, then the works can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies. See below for details on how remixes may be licensed.

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If you make adaptations of material under a CC license (i.e. “remix”), the original CC license always applies to the material you are adapting even once adapted. The license you may choose for your own contribution (called your “adapter’s license”) depends on which license applies to the original material. Recipients of the adaptation must comply with both the CC license on the original and your adapter’s license.

  • BY and BY-NC material

When remixing BY or BY-NC material, it is generally recommended that your adapter’s license include at least the same license elements as the license applied to the original material. This eases reuse for downstream users because they are able to satisfy both licenses by complying with the adapter’s license. For example, if you adapt material licensed under BY-NC, your adapter’s license should also contain the NC restriction. See the chart below for more details.

  • BY-SA and BY-NC-SA material

In general, when remixing ShareAlike content, your adapter’s license must be the same license as the license on the material you are adapting. All licenses after version 1.0 also allow you to license your contributions under a later version of the same license, and some also allow ported licenses. (See the license versions page for details.) If you wish to adapt material under BY-SA or BY-NC-SA and release your contributions under a non-CC license, you should visit the Compatibility page to see which options are allowed.

  • BY-ND and BY-NC-ND material

The BY-ND and BY-NC-ND licenses do not permit distribution of adaptations (also known as remixes or derivative works), and prohibits the creation of adaptations under the pre-4.0 versions of those licenses. Since you may not share remixes of these materials at all, there is no compatibility with other licenses. (Note that the ND licenses do allow you to reproduce the material in unmodified form together with other material in a collection, as indicated in the next FAQ.)

  • Adapter’s license chart

The chart below details the CC license(s) you may use as your adapter’s license. When creating an adaptation of material under the license identified in the lefthand column, you may license your contributions to the adaptation under one of the licenses indicated on the top row if the corresponding box is green. CC does not recommend using a license if the corresponding box is yellow, although doing so is technically permitted by the terms of the license. If you do, you should take additional care to mark the adaptation as involving multiple copyrights under different terms so that downstream users are aware of their obligations to comply with the licenses from all rights holders. Dark gray boxes indicate those licenses that you may not use as your adapter’s license.

Adapter’s license chart Adapter’s license
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work PD              
BY              
BY-NC              
BY-NC-ND              
BY-NC-SA              
BY-ND              
BY-SA              
Abbreviation Key

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

All Creative Commons licenses (including the version 4.0 licenses) allow licensed material to be included in collections such as anthologies, encyclopedias, and broadcasts. You may choose a license for the collection, however this does not change the license applicable to the original material.

When you include CC-licensed content in a collection, you still must adhere to the license conditions governing your use of the material incorporated. For example, material under any of the Creative Commons NonCommercial licenses cannot be used commercially. The table below indicates what type of CC-licensed works you may incorporate into collections licensed for commercial and noncommercial uses.

Original Work Commercial Collection (BY, BY-SA, BY-ND) NonCommercial Collection (BY-NC, BY-NC-SA, BY-NC-ND)
PD    
BY    
BY-NC    
BY-NC-ND    
BY-NC-SA    
BY-ND    
BY-SA    

License termination

When do Creative Commons licenses expire?

Creative Commons licenses expire when the underlying copyright and similar rights expire.

Note that the relevant rights may expire at different times. For example, you may have a CC-licensed song where the rights in the musical arrangement expire before the rights in the lyrics. In this case, when the copyright in the music expires, you may use it without being required to comply with the conditions of the CC license; however, you must still comply with the license if you use the lyrics.

What happens if the author decides to revoke the CC license to material I am using?

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms. Of course, you may choose to respect the licensor’s wishes and stop using the work.

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

All of the CC licenses terminate if you fail to follow the license conditions. If this happens, you no longer have a license to use the material.

In the 4.0 licenses, your rights under the license are automatically reinstated if you correct this failure within 30 days of discovering the violation (either on your own or because the licensor or someone else has told you). Under the 3.0 and earlier licenses, there is no automatic reinstatement.

If you have lost your rights under a CC license and are not entitled to automatic reinstatement, you may regain your rights under the license if the licensor expressly grants you permission. You cannot simply re-download the material to get a new license.

Note that you may still be liable for damages for copyright infringement for the period where you were not in compliance with the license.

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

The Creative Commons licenses have three layers, as does the CC0 public domain dedication: the human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The Public Domain Mark is not legally operative, and so has only two layers: the human-readable mark and machine-readable metadata.

When material is licensed using any of the CC licenses or tools, it is highly recommended that a CC button, text, or other marker somehow accompany it. There are many possible modes for marking. For our licenses, people generally use the CC license chooser to generate HTML code that can be pasted into the webpage where the licensed material is published. CC0 and the Public Domain Mark have a separate chooser. Many platforms and web services such as Flickr and Drupal support CC licensing directly, allowing you to select an appropriate license. The service then properly marks the work for you.

CC has published some best practices for marking your CC-licensed material, and recommends:

  • Including a visual indicator (some combination of text and images) that the work is licensed with one of the CC licenses.
  • Clearly indicating what material is covered under the CC license, especially if it’s presented alongside non-licensed materials.
  • Including a link to the human-readable deed (which itself contains a link to the legal code).
  • Embedding machine-readable metadata in the code of the license indicator or code of the licensed page.

See the marking page for more details.

What does it mean that Creative Commons licenses are “machine-readable”?

Creative Commons has specified CC REL as a way to associate machine-readable licensing metadata with objects offered under CC licenses.

Before Creative Commons developed this vocabulary, it was difficult for a machine to ascertain whether an object was marked with a CC license. There was also no standard, predictable place to house metadata about that license (for example, the source URL of the work or the required mode of attribution).

Machine-readable metadata based on well-accepted metadata standards creates a platform upon which new services and applications can be built. Software and services can detect CC licenses and the details of that license, as described by the metadata. For example, on many websites and search engines such as Google and Flickr, you can run filtered searches for works offered under specific CC licenses. In addition, CC license deeds can automatically create copy-and-paste attribution code so users may easily comply with the BY condition of the licenses. When you click on a CC license or button from a page with license metadata, you get copy-and-paste attribution HTML within that license deed page. That HTML is based on available RDFa metadata in the original material.

All HTML provided by the CC license chooser is automatically annotated with metadata in RDFa format.

What is RDFa?

RDFa is a method for embedding structured data in a web page. For more information about RDFa, see the following resources:

What is CC REL and why does Creative Commons recommend it?

Creative Commons Rights Expression Language (CC REL) renders information about licenses and works machine-readable through standards that define the semantic web. Creative Commons wants to make it easy for creators and scientists to build upon the works of others when they choose; licensing your work for reuse and finding properly licensed works to reuse should be easy. CC recommends that you mark your licensed works with CC REL. The Creative Commons license chooser provides HTML annotated with CC REL, while the Creative Commons deeds recognize CC REL on web pages with works offered under a CC license, and use this metadata to enhance the deed for properly marked-up works, e.g., by providing copy and paste HTML that includes work attribution.

For more background information on CC REL, please refer to this paper.

What does it mean for a search engine to be CC-enabled?

Some search engines (like Google) allow people to filter their search results by usage rights so that you can limit your search results according to the particular CC license you seek. For example, if you are looking for a photo to adapt, you can filter your search to return photos that have a CC license that permits creation of adaptations. You can generally find this search feature on the advanced search page of your selected search engine. You can also use CC Search, which offers a convenient interface to search and a list of those content providers that support searches for content based on usage rights.

Please note, however, that you should always double check to make sure that the work you locate through a search is licensed as you wish.

How do I give users of my site the option to use CC licensing like Flickr does?

Creative Commons provides tools for integrating license selection with your site. You can find an overview at the Web Integration article on the CC wiki. The Partner Interface is a good way to get started and will always have the most up-to-date license versions and translations. However, there is also an API available if you want more control.

How can I change or remove the Creative Commons search option built into the Firefox browser?

Mozilla has included the Creative Commons search function in many versions of Firefox along with search options for Google, Amazon, and other popular sites. Please take a look at the Firefox article on the CC wiki for an explanation of how to change these features.

If you want to add or remove a particular search option, click on the logo in the search box (for example, the CC logo or the Google logo). This will open the pull down menu, which will allow you to select different search providers. If you choose “Manage Search Engines,” you will be able to add or remove search engines. You can also alter the order in which the search providers appear on the pull down menu.

Is Creative Commons involved in digital rights management (DRM)?

No. CC licenses are a form of rights expression, not rights management. CC provides tools to make it easier for creators and owners to say which rights they reserve and permissions they grant. This is different from digital rights management (or “DRM”), which uses technological protection measures to prevent people from using the work in a way that the owner has not permitted.

CC licenses contain language prohibiting licensees from the use of effective technological measures (including DRM) to prevent access to licensed material: ”You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any such recipient.”

While licensors may apply effective technological measures (ETMs) to their own materials, the licensor provides a limited permission to circumvent these measures: “The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures.” Note that this only applies to effective technological measures applied by licensors themselves: third parties such as distribution platforms may still apply ETMs if the licensor uploads there, and the license is not able to grant you permission to circumvent it.

Copyright law grants exclusive rights to creators of original works of authorship. National laws usually extend protections to such works automatically once fixed in a tangible medium, prohibiting the making of copies without the rights holder’s permission, among other things. On the internet, even the most basic activities involve making copies of copyrighted content. As content is increasingly uploaded, downloaded, and shared online, copyright law is becoming more relevant to more people than it was 20 years ago. Unfortunately, infringing copyrights—even unintentionally or unknowingly—can lead to liability. Successful navigation of the internet requires some understanding of copyright law.

What is the public domain?

The public domain of copyright refers to the aggregate of those works that are not restricted by copyright within a given jurisdiction. A work may be part of the public domain because the applicable term of copyright has expired, because the rights holder surrendered copyright in the work with a tool like CC0, or because the work did not meet the applicable standards for copyrightability.

Because the public domain depends on the copyright laws in force within a particular territory, sometimes a work may be considered “in the public domain” of one jurisdiction, but not in another. For example, U.S. government works are automatically in the public domain under U.S. copyright law, but might be restricted by copyright in other countries.

The Public Domain Manifesto, the University Libraries page, and the CC0 FAQs all contain additional information about the public domain.

Copyright in most jurisdictions attaches automatically without need for any formality once a creative work is fixed in tangible form (i.e. the minute you put pen to paper, take a photo, or hit the “save” button on your computer).

In some jurisdictions, creators may be required to register with a national agency in order to enforce copyright in court. If you would like more information, please consult the Berne Convention or your jurisdiction’s copyright law.

Although you do not have to apply a copyright notice for your work to be protected, it may be a useful tool to clearly signal to people that the work is yours. It also tells the public who to contact about the work.

What is an adaptation?

An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.

In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter’s personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil’s copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction’s copyright law for more information.

What are moral rights?

Copyright laws in many jurisdictions around the world grant creators “moral rights” in addition to the economic or commercial right to exploit their creative works. Moral rights protect the personal and reputational value of a work for its creator. Moral rights differ by country, and can include the right of attribution, the right to have a work published anonymously or pseudonymously, and/or the right to the integrity of the work. The moral right of integrity may provide creators with a source for redress if an adaptation represents derogatory treatment of their work, typically defined as “distortion or mutilation” of the work or treatment that is “prejudicial to the honor, or reputation of the author.” Not all jurisdictions provide for moral rights.

The CC licenses are intended to minimize the effect of moral rights on a licensee’s ability to use licensed material; however, in some jurisdictions, these rights may still have an effect. CC offers some additional information on how CC licenses may affect your moral rights.

What are neighboring rights?

Copyright provides an incentive to create works by providing exclusive rights to creators. However, the distribution or exploitation of a work often involves more than just the creator. For example, if someone writes a song, someone else may perform the song, and another may produce the recording of the song. Some jurisdictions extend copyright to the contributions made by these persons; other jurisdictions extend such exclusive rights in the form of neighboring rights. Neighboring rights may include performers’ rights or broadcasters’ rights, among others. The Rome Convention sets forth some guidelines on the scope of neighboring rights. Not all jurisdictions recognize neighboring rights.

What are sui generis database rights?

Sui generis database rights grant qualifying database makers the right to prohibit the extraction and reuse of a substantial portion of a database. The rights are granted to database makers that make a substantial investment of time and resources to create the database. Sui generis database rights are primarily enacted within the European Union and a handful of other jurisdictions.

What are collecting societies?

Collecting societies are copyright management organizations. Some examples of collecting societies include ASCAP and BMI (United States), BUMA/STEMRA (Netherlands), PRS (United Kingdom), and APRA (Australia). These societies license works on behalf of their owners and process royalty payments from parties using the copyrighted works.

CC offers additional information on how collecting societies might affect your rights and your ability to apply CC licenses to your work. CC has several pilots underway with collecting societies that have chosen to allow their members to use CC licenses on a limited basis.

What are publicity, personality, and privacy rights?

These terms are used differently in different jurisdictions. Generally speaking, these rights allow individuals to control the use of their voice, image, likeness, or other identifiable aspect of their identity, especially for purposes of commercial exploitation. Similarly, in some jurisdictions these rights allow people to restrict others’ ability to publish information about them without their permission. Whether and to what extent these rights exist, and if so, how they are labeled, varies depending on the jurisdiction.

Creative Commons licenses have a limited effect on these rights where the licensor holds them. Where the licensor has publicity, personality, or privacy rights that may affect your ability to use the material as the license intends, the licensor agrees to waive or not assert those rights. However, any such rights not held by the licensor are not affected and may still affect your desired use of a licensed work. If you have created a work or wish to use a work that might in some way implicate these rights, you may need to obtain permission from the individuals whose rights may be affected.

Data

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

: Uses of CC Licenses with Data and Databases : Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker’s investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [marking page]https://wiki.creativecommons.org/wiki/Marking_your_work_with_a_CC_license “wikilink”) for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights–but not copyright–are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.1 These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker’s substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Artificial intelligence and CC licenses

What are the limits on how CC-licensed works can be used in the development of new technologies, such as training of artificial intelligence software?

The licenses grant permission for reuse in any situation that requires permission under copyright. There are many ways in which CC-licensed work works and even all rights reserved works can be reused without permission. This includes uses that are fair uses, for example.

If someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected. This is one of the enduring qualities of our licenses — they have been carefully designed to work with all new technologies where copyright comes into play. No special or explicit permission regarding new technologies from a copyright perspective is required.

But what about privacy laws, rules governing ethical research, and data protection laws?

CC’s copyright licenses are not universal policy tools. Copyright is the primary obstacle to reuse that our licenses solve, but there are many other issues related to the reuse of content that our licenses do not address and that reusers should be aware of. These can include privacy and rules governing ethical research and the collection or use of data, which have to be addressed and respected separate and apart from the copyright issues that CC licenses cover.

What attribution obligations exist when CC-licensed images are included in a published dataset? Is linking to the original image or URI required, and if so, is it adequate?

It depends. First, keep in mind that CC licenses never limit uses that copyright doesn’t control. For example, as a general matter text and data mining in the United States is considered a fair use and does not require permission under copyright. This means that reusers engaged in text and data mining do not have to adhere to the marking and attribution requirements in our licenses for that activity even though we strongly recommend they do so anyway. A second example is linking. In some countries, linking to copyrighted content doesn’t require permission under copyright law, which means the CC license obligations do not come into play even though the linked content is CC-licensed.

Where a CC-licensed work is distributed as part of a database or dataset, and assuming copyright (or in the European Union, copyright or sui generis database rights) is triggered, then the license conditions must be respected. This means providing the required attribution information in a way that is reasonable under the circumstances. Our licenses allow for some flexibility, and in some cases that may be as simple as providing a link to the website where the relevant attribution information is provided. Visit our marking practices page for more information.

If a for-profit company uses CC-licensed content under a Non Commercial license and releases the work under terms that allow only research purposes, is the NC restriction violated?

This depends on whether any of the uses made of the works by the company, whether for profit or non profit, are primarily intended for commercial advantage or monetary compensation. This is hard to know without having all of the facts about how a work was used, whether internally by the company for its own purposes or how the work was distributed for further use. Visit our NC page for more information about what constitutes commercial and non commercial uses of works.

If NC-licensed content is redistributed to the public under an NC license, that distribution would not violate the NC clause. (Note that CC strongly discourages the use of any license terms other than a CC NC license for redistributions of NC-licensed content.)

If CC SA-licensed content is included in a database, does the entire database have to be licensed under an SA license?

CC licenses never require a reuser of a CC-licensed work to make the original work or resulting works (collections, derivatives, etc.) publicly available. There are lots of private reuses of works that are permitted by CC’s licenses that do not require compliance with their terms. Regarding ShareAlike, the condition only applies if a work is modified and if the work is shared publicly. In the situation where a reuser created a dataset of photos and made it publicly available, and assuming copyright permission is required, then what is released is likely a collection or compilation of pre-existing works. CC licenses do not require the collection or the compilation itself to be made available under an SA license, even though each individual work is still licensed individually under an SA license and if they were modified by the distributor the modified photo would need to be licensed under the same terms. For example, were Creative Commons to compile photographs from a photo sharing website under a BY-SA 2.0 license and create a database that it then publicly distributed, CC could license the collection as a whole under a BY license, but the photographs would continue to be licensed under BY-SA 2.0.

What, if any, remedies, do users have if they dislike how their photos or images have been reused?

Several remedies are potentially available. Some may be available if the CC license terms have been violated, and others may be available through other, separate avenues because they involve other laws or regulations that the CC licenses do not cover. It’s important to remember, however, that absent a violation of the license the permissions granted under the license remain in place and cannot be revoked.

  • Under the CC licenses, even if a license condition has not been violated licensors can ask that attribution to them be removed so they can distance themselves from the reuse.
  • For violations of a CC license term where the license was required (not a fair use, etc.) then you may have a claim for copyright infringement. Fortunately, in the CC community most license violations are handled amicably without resorting to the courts.
  • For claims involving laws and regulations other than copyright, recourse may be available depending on your local laws.

An important starting point for any would-be sharer of content under a CC license is to educate yourself in advance about how they work and what rights they do and do not cover. We have many FAQs on our website. We also provide human-readable deeds with links to the full text of our licenses. Additionally, all of our licenses highlight at the beginning many considerations that licensors should have in mind before they license, and considerations for reusers of works before they do so in order to avoid inadvertent violations.

Notes

  1. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).↩

#####EOF##### Videos - Creative Commons
Creative Commons > What we do > Videos

Videos

One of the best ways to learn about Creative Commons is to watch one of our videos.

What is Creative Commons?what-is-cc

From our friends at Wikimedia, a short video describing Creative Commons licenses.

CC:RewireScreen Shot 2016-08-29 at 2.11.07 PM

A video from our big CC:Rewire event in San Francisco in June, 2016


Made with CCmade-with-cc_2

Our newest video describes our work with open business models and Creative Commons for makers on the Web.

Creative Commons Kiwi

This short and fun animation video by Creative Commons Aotearoa New Zealand explains the CC licenses.

A Shared Culture

A high-level overview of the goals of Creative Commons and how we are “saving the world from failed sharing.” Created by Jesse Dylan, director of the “Yes We Can” video.

Get Creative

This short film covers the basics of why we formed, what we do, and how we do it.

Wanna Work Together?

Wanna Work Together? explains in practical details how creators expose, share, and remix their works using our free public licenses.

Building on the Past

The winner of our Moving Images Contest, Justin Cone created a short, succinct “commercial” that demonstrates what Creative Commons is, and how it works, in a slick package.

CC Pukekopukeko

Imagine if every teacher in New Zealand – all fifty thousand of them – shared their resources openly. Everyone would have the best educational content for free, without needing to ask permission. No more building resources from scratch, or reinventing the wheel.

#####EOF##### CC Search
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Try the new CC Search beta, with list-making and one-click attribution!

Please note that search.creativecommons.org is not a search engine, but rather offers convenient access to search services provided by other independent organizations. CC has no control over the results that are returned. Do not assume that the results displayed in this search portal are under a CC license. You should always verify that the work is actually under a CC license by following the link. Since there is no registration to use a CC license, CC has no way to determine what has and hasn't been placed under the terms of a CC license. If you are in doubt you should contact the copyright holder directly, or try to contact the site where you found the content.

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#####EOF##### Creative Commons — Naamsvermelding-GelijkDelen 3.0 Unported — CC BY-SA 3.0
Deze pagina is beschikbaar in de volgende talen: Languages
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Creative Commons licentie Deed

Naamsvermelding-GelijkDelen 3.0 Unported (CC BY-SA 3.0)

Dit is de vereenvoudigde (human-readable) versie van de volledige licentie en geen vervanging van de volledige licentie. Vrijwaring.

Je bent vrij om:

  • het werk te bewerken — te remixen, te veranderen en afgeleide werken te maken
  • voor alle doeleinden, inclusief commerciële doeleinden.
  • De licentiegever kan deze toestemming niet intrekken zolang aan de licentievoorwaarden voldaan wordt.

Onder de volgende voorwaarden:

  • Naamsvermelding — De gebruiker dient de maker van het werk te vermelden, een link naar de licentie te plaatsen en aan te geven of het werk veranderd is. Je mag dat op redelijke wijze doen, maar niet zodanig dat de indruk gewekt wordt dat de licentiegever instemt met je werk of je gebruik van het werk.

  • GelijkDelen — Als je het werk hebt geremixt, veranderd, of op het werk hebt voortgebouwd, moet je het veranderde materiaal verspreiden onder dezelfde licentie als het originele werk.

  • Geen aanvullende restricties — Je mag geen juridische voorwaarden of technologische voorzieningen toepassen die anderen er juridisch in beperken om iets te doen wat de licentie toestaat.

Let op:

  • Voor elementen van het materiaal die zich in het publieke domein bevinden, en voor vormen van gebruik die worden toegestaan via een uitzondering of beperking in de Auteurswet, hoef je je niet aan de voorwaarden van de licentie te houden.
  • Er worden geen garanties afgegeven. Het is mogelijk dat de licentie je niet alle gebruiksvrijheden geeft die nodig zijn voor het beoogde gebruik. Bijvoorbeeld, andere rechten zoals publiciteits-, privacy- en morele rechten kunnen het gebruik van een werk beperken.
#####EOF##### Network Strategy - Creative Commons
Creative Commons > What we do > Global Affiliate Network > Network Strategy

Network Strategy

The Creative Commons Global Network recently undertook a community led strategic process to revamp, revitalize, and strengthen the network. This included a research lead by Anna Mazgal, from Poland, with a series of researchers working with her from inside and outside the network. A dedicated team of CC community members designed an entirely new model for collaboration – helping the network grow in a sustainable manner.

After that we started a community engagement process in order to consult the movement about the Strategy draft. The process included more than two hundred comments on the online platform, 22 online and in-person meetings and the participation of the 89% of the actual members of the Affiliate Network. The result of this process is a new structure and strategy document for the Creative Commons Global Network.

After the Global Summit we started a Transition period. We called it Transition because the new strategy for the movement requires time in terms to implement the new structure, the new way of work and the new governance.

Transition and timelines

We have identified three elements for this transition period. These are just elements or layers that will drive our work during this first stage before the Strategy is fully implemented, providing us a vision, timelines and compromises to orientate the work we need to do in the meantime.

Chapters

The local work is key for the New Strategy.  To coordinate this efforts we will trust in Chapters as units for the governance and to coordinate local work. These Chapters are made up of people, with individuals whose work is focused on the place where they live, have accepted the Creative Commons Charter and has been vouched by two actual members.

Platforms

Platforms are how we organize areas of work for the Creative Commons community, where individuals and institutions organize and coordinate themselves across the CC Global Network.

Platforms are the way we create and communicate strategic collaboration to have worldwide impact – it is the way our network works collaboratively. The platforms are open to anyone willing to contribute and develop usable, vibrant and collaborative global commons.

During this transition period we have been working into four different Platforms:

  • Open Education Platform
  • Copyright Reform Platform
  • Community Development Platform
  • GLAM Platform

Further information about each of them, on GitHub.

Timeline for PLATFORMS

  • Set priorities and background work: June/July 2017.
  • Develop the plan of work: April 2018 (Global Summit)

Governance

The main governance body for the new Strategy is the Global Network Council, and it’s important to us to focus on establishing the new Chapters as soon as we can, and to make that happen we will be opening the membership process in the coming weeks for anyone to join.

  • Open call to constitute an Advisory Group: June 2017.
  • Memberships first application process: January 2018.
  • First Global Network Council meeting: Mid 2018
#####EOF##### Open Access - Creative Commons
Creative Commons > What we do > Program areas > Open Access

Open Access

Open access literature is digital, online, free of charge, and free of most copyright and licensing restrictions.

There’s an incredible amount of scientific research conducted at universities and institutions around the world. Historically, the findings of this research have been published in scholarly journals. However, access to this research is typically restricted–granted only to those who are granted permission via their university affiliation, or by purchasing access to individual articles. This is fundamentally problematic, for many reasons: 

  1. Governments provide most of the funding for research—hundreds of billions of dollars annually—and public institutions employ a large portion of all researchers.
  2. Researchers publish their findings without the expectation of compensation. Unlike other authors, they hand their work over to publishers without payment, in the interest of advancing human knowledge.
  3. Through the process of peer review, researchers review each other’s work for free.
  4. Once published, those that contributed to the research (from taxpayers to the institutions that supported the research itself) have to pay again to access the findings. Though research is produced as a public good, it isn’t available to the public who paid for it.

Open access publishing is a solution to these problems. Open access literature is defined as “digital, online, free of charge, and free of most copyright and licensing restrictions.” The recommendations of the Budapest Open Access Declaration—including the use of liberal licensing (such as CC BY)— is widely recognized in the community as a means to make a work truly open access.

The existing system for producing and distributing publicly funded research articles is expensive and doesn’t take advantage of the possibilities of innovations like open licensing. Without a free-flowing system, access to the results of scientific research is limited to institutions that are able to commit to hefty journal subscriptions — paid for year after year — which don’t allow for broad redistribution, or repurposing for activities such as text and data mining without additional permissions from the rightsholder. This closed system limits the impact on the scientific and scholarly community and progress is slowed significantly.

closed_research

When funding cycles for research include open license requirements for publications, increased access and opportunities for reuse extends the value of research funding. As an example, the US National Institutes of Health (NIH) Public Access Policy requires the published results of all NIH-funded research to be deposited in PubMed Central’s repository, the peer-reviewed manuscript immediately, and the final journal article within twelve months of publication. Similarly, the directive issued by the White House Office of Science and Technology Policy mandates that federal agencies with more than $100 million in research expenditures must make the results of their research publicly available within one year of publication, and better manage the resultant data supporting their results. These policies utilize aspects of the optimized cycle below, and are a step in the right direction for making better use of public funding for research articles.

optimised_research

Open access policies and practices are being adopted in a variety of different settings. Above and beyond open licensing policies for publicly funded research, philanthropic foundations, NGOs, and intergovernmental organizations are using open licensing to share the research that they–or their grantees–are creating. Open access journals are publishing Creative Commons-licensed research, which promotes access and re-use of scientific and scholarly research.

#####EOF##### Response to ASCAP's deceptive claims - Creative Commons
Creative Commons > Blog > Weblog > Response to ASCAP's deceptive claims

Response to ASCAP's deceptive claims

Eric Steuer

June 30, 2010

Last week, the American Society of Composers, Authors and Publishers (ASCAP) sent a fundraising letter to its members calling on them to fight “opponents” such as Creative Commons, falsely claiming that we work to undermine copyright.*

Creative Commons licenses are copyright licenses – plain and simple. Period. CC licenses are legal tools that creators can use to offer certain usage rights to the public, while reserving other rights. Without copyright, these tools don’t work. Artists and record labels that want to make their music available to the public for certain uses, like noncommercial sharing or remixing, should consider using CC licenses. Artists and labels that want to reserve all of their copyright rights should absolutely not use CC licenses.

Many musicians, including acts like Nine Inch Nails, Beastie Boys, Youssou N’Dour, Tone, Curt Smith, David Byrne, Radiohead, Yunyu, Kristin Hersh, and Snoop Dogg, have used Creative Commons licenses to share with the public. These musicians aren’t looking to stop making money from their music. In fact, many of the artists who use CC licenses are also members of collecting societies, including ASCAP. That’s how we first heard about this smear campaign – many musicians that support Creative Commons received the email and forwarded it to us. Some of them even included a donation to Creative Commons.

If you are similarly angered by ASCAP’s deceptive tactics, I’m hoping that you can help us by donating to Creative Commons – and sending a message – at this critical time. We don’t have lobbyists on the payroll, but with your support we can continue working hard on behalf of creators and consumers alike.

Sincerely,
Eric Steuer
Creative Director, Creative Commons

* For background on ASCAP’s anti-Creative Commons fundraising campaign, see Boing Boing, Techdirt, ZeroPaid, and Wired.

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57 thoughts on “Response to ASCAP's deceptive claims”

  2. It’s astonishing what ASCAP is doing. How can they attack something that’s completely voluntary? It’s like saying that black and white milkshakes are an aberration of nature.

    If you want to reserve all rights do it. If you want to reserve some rights do it. If you license it under CC non-commercial license and find someone selling your work without permission, sue them.

    There’s really no argument for ASCAP to make here.

  3. Hmm, I have a friend who is developing a website that goes out and find the artists that are owed money, offers it back to them for a fee. He has no idea whether or not this is a novel idea or not but feels he needs to provide a service that ASCAP certainly doesn’t – or at least doesn’t efficiently. I think they’ve been far to well funded and far to poorly managed for too long. In the UK we have a ‘bonfire of the quangos’ (efficiently saving through ditching wasteful non commercial entities that leech money from society), perhaps it’s time for a similar initiative in the USA?

  4. This news sounds so ridiculous. but, in a way, it’s a very natural response that those who think they lose their money want to use all possible tactics including deception to protect their status-quo. Funny thing is, in fact, most of their money have come not from their originality but from the distribution system the big music-corps have controlled. Maybe, that’s why a lot of artists want to choose alternative and more genuine ways to earn money for themselves.

  5. I use cc to cover the content my iPhone & iPad apps export, and it works perfectly. Claiming that cc isn’t copyright is an awfully shuttered view.

  7. Cant believe that an option available that can actually help protect the rights of those who wish to release music for free is actually being attacked in this way.

    So are they expecting us to be FORCED into selling music against our will? I cant see this happening in Europe, it would go against our civil rights.

  8. I agree that individuals should have the power to decide what to do with their content. 100%. But, what I am concerned about is we are living in a time when free is becoming the new price for content. Feeding that idea is putting people out of work.

    I work in film and television and I come up against royalty free and free music a lot now. Its lowered the standards of quality and it has devalued music to the point where advertising agencies feel they should get every thing for free or close to it. Its one thing to be a band and need some exposure, its another thing when your a composer and this is your living.

    I am in no way saying that this is bad, I just feel like we’re on new ground and creatives need to consider the big picture here and not just their momentary needs.

    I am also an ASCAP member and I appreciate them looking out for their members. They have done good work for me for the 15 years and I rely on them to protect my rights.

  9. @Malcolm

    Free isn’t the new price for content. Musicians and other creators are just trying to make the best decision for themselves and their work. I have benefited far more by giving my music away than selling it. This is because exposure is far more valuable to me than $0.99 cents for a song.

    Music itself hasn’t been devalued in anyway other than by the value of a compact disk. Also, there is an entire industry based upon licensing works for advertising and television. Smaller artists can make $5,000 to $10,000 for syncing a song. So I don’t see your reasons for saying that advertisers expect to pay nothing.

    People on the side of big music and the RIAA need to understand that artists who share their work are just doing what works for them. CC protects an artist’s rights just like ASCAP does. The difference is in what the licenses say.

  11. Hey Harrison. Perhaps you can read my post first before giving feed back. I am a music composer. That has changed 100% in the last 10 years. I said its it great for bands and artists looking for exposure. I was speaking directly to song writers. If you have been in the industry for the last 10 years even, its easy to see how music is falling to the bottom of the creative chain.

    Yes there are still good licenses out there, but new writers getting into the game and artists earning revenue is fewer and farther between. Cheap stock music, royalty free music and the like has devalued music. Period. Giving it away is just anther step in the direction of free all around.

    I am not speaking on the CD or Itunes, or the dumb asses at the RIAA. CC effects all aspects of music, not just artists. When your living relies on being paid to create music you may feel differently about this subject.

    Once again I feel its each individuals RIGHT to do what ever they want with their creations, I would just like people to be conscious of letting others use it for commercial use. Slippery slope my friend.

  12. Malcolm,

    Hey thanks for replying to Harrison ref his post, to be fair the post did also read to me in the manner he indicated.
    I think the confusion came from the fact that this article relates to the ASCAP direct attack on creative commons.
    When you said.

    “I am also an ASCAP member and I appreciate them looking out for their members. They have done good work for me for the 15 years and I rely on them to protect my rights.”

    along with the rest of the content it kind of came across as, “I agree with what they said and you (CC) are wrong in what you do”

    The first paragraph “But, what I am concerned about is we are living in a time when free is becoming the new price for content. Feeding that idea is putting people out of work”

    Kind of read especially the last section that CC and the CC supporters feed the idea and as we want to share our art with others we are killing the industry.

    Now I am massivly generalising with the above but I am just saying how it read to me so I see how the confusion came about here for the poster.
    Its so darn hard to read emotion and context in text format sometimes.

    Looking at your second reply though I dont thinks thats what you are implying at all now though.

    I dont want to get into an argument or back and forth here with you and thats not why I am posting just to clarify, I only wanted to show how it read to myself so that you might understand why Harrison responded with the text he did.

  13. Hey Malcom, when you say stock music and royalty free music has lowered the quality music I have to agree to some extent.

    That being said, I think you make a good point- you have to pay for quality music, period. If you want to license a song from a band, or any composer for that matter, that is a quality piece of music, you have to pay for it. We still have to pay for it, even if it’s licensed under a Creative Commons non-commercial attribution license. If you’re using the work to make money you have to pay the composer, it’s simple.

  14. Thanks Richard,

    Music is our creative expression and there is nothing else in the world I would rather do, I also need to be paid to do it. Music has value. Monetary, social, emotional value.

    I can’t see where it says there is a fee for commercial use. I was going on the “CC0” definition.

    “Anyone can then use the work in any way and for any purpose, including commercial purposes,”

    The point is, as some one pointed out to me, the ASCAP article should have said “misuse” of organizations like CC. Misunderstanding really.

  15. The ASCAP claims shows a completely lack of knowledge about authorship and the principles and practices that protect and catalyze the production and dissemination of creative works (artistic or scientific); and this kind of ignorance leaves ASCAP in a weak position to protect authors – they are only protecting old and obsolete status!
    We all know that CC Licenses acknowledge and recognize the authors; we all know that CC Licenses allows the emergence of new authors (the Long Tail Creative Citizens as we on Cultura Livre call); we all know that CC Licenses makes knowledge more accessible to everyone to use it and to improve it contributing in this way to the increase of collective intelligence and processing power of citizens to solve social, educational, environmental and economical problems, to create new artistic artifacts and performances, to increase and catalyze the amount of participation of citizen on scientific and cultural projects, and so many other positive outcomes that I’ll let ASCAP people find out.
    CC Licenses are being embrace by a lot of creative communities around the world, and by all citizens who want to participate on the increase of the amount of creativity and knowledge available to the public for free and legal sharing, use, remix, and improvement.
    How can someone say that this is a dangerous project?

  16. The ASCAP claims shows a completely lack of knowledge about authorship and the principles and practices that protect and catalyze the production and dissemination of creative works (artistic or scientific); and this kind of ignorance leaves ASCAP in a weak position to protect authors – they are only protecting old and obsolete status!
    We all know that CC Licenses acknowledge and recognize the authors; we all know that CC Licenses allows the emergence of new authors (the Long Tail Creative Citizens as we on Cultura Livre call); we all know that CC Licenses makes knowledge more accessible to everyone to use it and to improve it contributing in this way to the increase of collective intelligence and processing power of citizens to solve social, educational, environmental and economical problems, to create new artistic artifacts and performances, to increase and catalyze the amount of participation of citizen on scientific and cultural projects, and so many other positive outcomes that I’ll let ASCAP people find out.
    CC Licenses are being embrace by a lot of creative communities around the world, and by all citizens who want to participate on the increase of the amount of creativity and knowledge available to the public for free and legal sharing, use, remix, and improvement.
    How can someone say that this is a dangerous project?

  17. @Malcolm: The thing about “free is becoming the new price for content” is that on the internet, free has already become the price of making a copy. What is worth money is inventing the music/art/book in the first place. What we need is a way to more directly compensate the work of invention, instead of distribution.

    There are artists who have found ways to make money from free content, but they aren’t the way that ASCAP does business. So, as far as ASCAP’s business model is concerned, they may as well not exist. Free content = no ASCAP revenue. Hence the fundraising letter.

  18. @mario

    I don’t want McDonald’s using my music for free, and this to me is the danger. It is very real to those of us working in the industry. Free is becoming common. I don’t mind if some kid in oregon remixes my track and does a banging job. Those are different things. One is a corporation making money from me, the other is in the spirit of making great music.

    Can I remind some folk who don’t seem to know this, ASCAP is a not for profit organization made up of composers, authors and publishers. The business model for ASCAP is, you have to pay me to use what I have created every time you use it. This is the balance between creation and commerce.

    I really do appreciate Richard and hekate chiming in. But as I said before, I believe the individual can do what ever they want with their art. There are organizations out there that WILL misuse CC and the General Public License to earn for them selves and leave the creator behind. In fact, this is really why organizations like ASCAP started. Why is a company benefiting from my creation and I see nothing from it. This is what ASCAP is for. It was to protect us against record labels as well.

    And once again, I am a COMPOSER not a band or artist. They are different animals.

    It is a great conversation to be having and I’m glad I am taking part in it. This will effect generations to come. Every one has made great points here. Bravo.

  19. Creative Commons is 100% legal, and not some kind of deceipt, such as others like Microsoft have tried in the past to try to either take Linux off the market, or to make current Linux customers pay for Linux.

    Such attempts, that Microsoft, and many other companies have tried, will simply not work, because they are lying to the public, and when Microsoft tried to make the Linux not free (paying some company name (forgot the name), and then making that company start charging for their Linux, and saying that that company owned some part of the Linux copyright / code / whatever it was few years ago…).

    Simply put: Why would a multi-billionaire giant, like Microsoft and other companies, want to try to challenge Linux and Open Source communities, to try to take their own open source code, and say they either made it, or now you have to pay for it, just because they “think” somebody copied somebody – that’s like trying to see space from earth with your own eyes (not a telescope)…

    Therefore, that is simply 2 things:

    1. They cannot just take someone else’s copyright(s), like the Linux, and Open Source community, and make people people pay for their own private and intellectual property – this is “STEALING” and being immature to try to have large companies compete with Open Source – I agree they “may think” that the Open Source market is everything against them, but in reality, the Open Source market, Creative Commons, and Linux, is really the other side of the computer software – which means that they are not multi-billionaire companies, and in such, have no major power to over take Microsoft or whatever large companies – that’s just like saying that Honda is going to over take Ford company within a few years – just because they think so.. – that is simply not how it is going to be.

    2. Open Source and Linux is sharing and is made by Open Source programmers, contributers, and others, for the people, just like you.

    NOTE: The use of some company names is for example only, it does not contribute anything against those companies – infact, we like those companies very much, and meant nothing against them.

    Thank you for taking the time to read this.

  20. @Malcolm:

    “I don’t want McDonald’s using my music for free, and this to me is the danger. It is very real to those of us working in the industry. Free is becoming common. I don’t mind if some kid in oregon remixes my track and does a banging job. Those are different things. One is a corporation making money from me, the other is in the spirit of making great music.”

    A Creative Commons non-commercial license would prevent that. Non-commercial users could practice transformative uses of your work, but anyone seeking to use it for commercial purposes would have to seek an arrangement with you first.

  21. ASCAP sucks! Just like the Recording Industry Association of America (RIAA) and Motion Picture Association of America (MPAA) due to their anti consumer attitudes and love for control. Remember when Apple started iTunes Store the RIAA originally wanted all music sold online and downloaded to have DRM which only punished online music shoppers while file sharers could get high quality DRM free versions of songs on the Net — of course file sharing doesn’t involve payment. In response to these bogus charges have committed to supporting Creative Commons, Electronic Frontier Foundation (which I’ve done before anyway), and the Student Movement for Free Culture whose website is Free Culture.org. I have also supported the Free Software Foundation’s Defective By Design campaign to end all DRM.

    Of course music sold online now is DRM free as RIAA accepted lifting DRM from purchased music online but DRM still exists in all other forms of content — video based content like TV Shows and movies purchased and downloaded via iTunes or on DVD, High Definition Blu Ray Disc etc.

  22. I shouldn’t be responding to “man” there but clearly you have no idea what ASCAP is, your most likely not a musician and I should just walk away. But…………. the RIAA and ASCAP are not related, ASCAP has no say regarding record sales, or record usage, or DRM, or any thing for that matter. Members of ASCAP, unlike her European sisters can give away all their music for nothing and ASCAP has no say. All they do is collect royalties for their members and try to work with congress for the copy right laws to stay in place and be stronger.

    They are not for profit so they have no vested interest other then getting royalties for the members. It doesn’t effect the price of a record, it doesn’t control down loads. Please “man”, if your going to chime in, be respectful and knowledgeable. For the sake of great conversation in a new area for all of us. Thanks.

    Suffice it to say, every one has made great points here. Thanks Radial. I found the area you were referring to.

  23. @carl. Sorry one more thing. I can give my music away for free and still be paid by ASCAP. The sale does not relate to the royalty. ASCAP is concerned with the misuses of copy left. Every network, radio station, bar, club, and now a lot of large internet media out lets pay ASCAP and BMI.

  24. I am an ASCAP member, recently joined, and received ASCAP’s blast against EFF and Creative Commons. Here’s my reply, sent to ASCAP’s president.

    > At this moment, we are facing our biggest challenge ever.
    > Many forces including Creative Commons, Public Knowledge,
    > Electronic Frontier Foundation and technology companies
    > with deep pockets are mobilizing to promote “Copyleft”
    > in order to undermine our “Copyright.” They say they are
    > advocates of consumer rights, but the truth is these
    > groups simply do not want to pay for the use of our
    > music. Their mission is to spread the word that our
    > music should be free.

    I am an ASCAP member and also a supporter of Creative Commons, and a contributor and member of the Electronic Frontier Foundation.

    The above statement is false and totally misleading, and ASCAP should know better than to propagate this kind of crap. Creative Commons provides a license whereby authors and creative artists can distribute their work for free with the assurance the that license is legally solid and their work can’t be appropriated by others who would attempt to charge for it. People license their works under a Creative Commons license VOLUNTARILY. In no way does this represent an effort to circumvent existing copyrights and licenses.

    The Electronic Frontier Foundation is a legal watchdog organization, providing legal support for consumers and organizations in a digital world much as the American Civil Liberties Union provides similar services for the non-digital world. I FULLY support EFF’s work and have been a member and contributor to EFF’s efforts. If ASCAP has a legal beef with EFF, perhaps ASCAP should keep it in the courts and not go spreading lies such as these to their members.

    In my humble opinion, ASCAP owes some big time apologies. This kind of BS inclines me to sever my new relationship with ASCAP and join instead with a more honest and progressive performance rights organization.

    Needless to say, I will NOT be contributing to the ASCAP Legislative Fund for the Arts!

    Lindsay Haisley
    ASCAP member 3165030
    ASCAP publisher member 3188663

  25. Malcolm,

    With all due respect my post was not meant to be disrespectful — or unknowledgeable as you suggest. Yes RIAA and ASCAP are completely different groups and perhaps I should have clarified that more clearly in my post. Was just trying to vent frustrations I have with the RIAA and ASCAP in the same post. I know the RIAA and ASCAP are unrelated was just trying to vent my frustration at ASCAP over this bogus letter and my frustrations at RIAA for RIAA’s history of anti competitive and anti consumer policies.

    I’ve heard ASCAP has been trying to get royalty payments from music downloads a while back and Apple once threatened to shut down iTunes Store if they have to pay royalties for digital music sales to ASCAP. Indeed ASCAP doesn’t control downloads but they are trying to collect royalties for their members whether royalties are being paid for legal music download sales or streaming Internet radio. A few years back there was a site SaveNetradio.org to prevent royalty rate hikes for Internet radio services — concern was while bigger Internet radio service providers could afford to pay higher royalties smaller players in Internet radio segment would be unable to afford to pay royalties and have to close down.

  26. @man

    Ok, I’m sure you were intending no disrespect. But I must explain how this works.

    #1 ASCAP collects PERFORMANCE royalties. These are not related to down loads. Itunes pays no PRO’s.

    #2 ASCAP and BMI collections are based solely on the ADVERTISING Revenue of the station or network. Indi college and internet stations pay nothing because they make nothing. KROCK and NBC pay a lot because they earn a lot from advertising. MSNBC pays nothing to PRO’s. If some one makes money because they feature music created by others, they need to share in that profit. Thats it. There is nothing else.

    ASCAP wants to make sure that those of us who do NOT wish to give away our copy rights are protected. And like I said before, ASCAP could have cleaned the whole issue up by simply using the word “misuse” before Creative Commons.

  27. Malcolm, I don’t understand why you’re suggesting that the ASCAP should have used the word “misuse” before creative commons.

    How does one “misuse” Creative Commons, and how is it related to the ASCAP letter?

    Since you’re a member of the ASCAP, you must also be aware that the Creative Commons is not the only think that letter attacked. They attacked the EFF and Public Knowledge, and anyone in the Copyleft movement.

    From the letter:
    “the truth is these groups simply do not want to pay for the use of our music. Their mission is to spread the word that our music should be free.”

    That’s just a lie. I’ve no respect for any organization that lies like that.

    Somewhat off-topic: I think that as the distribution system used by the RIAA ages, it will completely fall apart. We don’t need physical media to distribute content anymore. This has been their method of enforcing their business model.

    Unfortunately, I think it’s going to be hard for a lot of people in the music industry to make money the same way they used to. I think a lot of niches, like song-writers, are going to be very creative, if they expect to make a living off of it. I think it’s not unlike a painter. There are a lot more painter’s that also need to have a regular job to survive, that there are those that live off just their art. I don’t think this is a bad thing, as laws that only benefit a small niche of our society often harm the society as a whole.

  28. Malcolm

    Thanks for clarifying ASCAP’s business model. Here I’ll provide a little further clarification of what I meant. You said ASCAP collects performance royalties — a while back was hearing reports that ASCAP wanted to collect either higher performance royalties from download stores like iTunes (if they were already) or if they weren’t start collecting such royalties. They felt according to what I heard that they should be able to collect performance royalties from iTunes in relation to movie soundtrack sales — for example when you buy the soundtrack for a motion picture like Superman Returns or any other motion picture ASCAP should collect performance royalties — and have a part of the profit from all download sales of the soundtrack. Then they also want to have performance royalties for the movie itself when the movie is sold as music is included in the movie — be paid twice for the soundtrack and for the movie.

    This of course seems like double dipping. When I mentioned I heard Apple once threatened to shut down iTunes Store if they had to pay ASCAP royalties should have specified they apparently wanted performance royalties from Apple iTunes but didn’t what type of royalties they were at that time.. Thanks for explaining they are performance royalties. Also a few years ago there was a website http://www.savenetradio.org — ASCAP wanted higher performance royalties from Internet radio services and while large companies with Internet radio services like Yahoo! Music could likely afford to pay the higher performance royalties and continue the LaunchCast service smaller Internet radio outfits would be unable to pay and go out of business.

    There was a public outcry among fans of Internet radio to fight the royalty hikes — in the end I think the royalties may have increased but weren’t allowed to increase as much as the ASCAP originally wanted. Don’t remember all the details now of what happened — but Save Net Radio eventually decloared some kind of victory after getting Congressional support for the campaign and closed the site.

    It’s been a while and don’t remember all the details exactly just narrating what I remember about Save Net radio campaign. Point was ASCAP was demanding very high performance royalty hikes that smaller Internet radio outfits wouldn’t be able to afford to pay and a group sprung up to fight to save the future of Internet radio from higher performance royalties.

    Now as I said my memory is not perfect but was able to share some details I remember — some parts may be incomplete and some parts may be hard for me to verify accuracy — if you’d like to re-clarify and fill in the missing parts — explain what is inaccurate or incomplete please feel free to do so.

    So if you’d like to provide further explanation please go ahead. I’d like to better understand ASCAP than I do already. I’ll admit I don’t know everything and will welcome an explanation of why a statement is incorrect or incomplete — and what part is wrong/what part is incomplete etc. I can only report on what I know — what I’ve heard — few years ago read a news story that Apple was threatening to shutter iTunes if they had to pay performance royalties to ASCAP. That I know to be true but thee extent of what I’ve written some information may be incomplete or inaccurate. I know there was a Save Net radio campaign triggered in response to ASCAP demanding higher performance royalties to fight royalty hikes. However, I don’t have all the information at present and may have in my explanations provided incomplete or inaccurate information without realizing it.

  29. Sorry for the double post — just want to clarify even if ASCAP doesn’t collect performance royalties from iTunes downloads my point was I once heard they were considering doing so — they wanted to and Apple threatened to shutter iTunes if they had to pay ASCAP. Whether Apple got its way or ASCAP got its way on the matter I’m unsure what happened in the end — will require research to find out if possible what happened. I think Apple won against ASCAP in this matter. Apple may have never paid performance royalties for iTuens to ASCAP in the past — whether they do or not is not what I was trying to say but that I heard ASCAP once wanted them to do so. You are right that iTunes downloads aren’t subject to ASCAP performance royalties I never said they were though just that I heard ASCAP once wanted them to.

  30. Personally I believe that the ascap has to accept that the industry is changing so i can understand that although they are trying to protect the rights of their members they should also be helping groups like creative commons make all music to the individual about the actual music rather than the money that being said muscic and the likes should still be charged if used commercially.
    It’s a slippery time we live in for the major industries because even something like a song could be released for $1
    on say the 1st by the 3rd the entire album’s up in p2p sharing so we have to look at how we treat each seperate group rather then what the ascap did and begin a smear campain

  31. Mechanical royalties are collected by labels. These royalties are paid on the “sales”.

    Performance royalties are paid when music is used in a “public” forum, such as Television, film, internet, coffee shop, club. I have never heard of ASCAP trying to collect from itunes, because itunes is a music store. They never collected from Tower Records.

    If McDonald’s uses your music to sell product, and they use it over and over again they should pay for that privilege. Not that long ago musicians were being taken advantage of. Companies using music with no consideration of the author. we fixed that ASCAP, SOCAN, BMI etc.

    I will say it again. ASCAP should have used the word “misuse” before Creative Commons. This is a language issue not a smear campaign. Be glad that organizations like ASCAP are out there trying to protect us.

    If you want to give your music away, thats great, I’m all for it but it should not effect those of us who do not. Thats is ASCAP’s fear. That soon large corporations will only use free and royalty free music to save money. Its devaluing music. All they want to do is save money, cross branding? Branding? These are terms that corporate America use when discussing music. Is that what we want for artists? Image if Zeppelin was also ford. “Wow great track I love that car”. Thats where we’re heading, and for free! Thats freaking me out.

    Thanks for clarifying @man. I appreciate you trying to figure it out. Much respect man, sorry for throwing around the disrespect thing. Hot button issue for me I guess.

  32. Malcolm maybe ASCAP should have actually researched the creative commons more before throwing around baseless accusations

    “At this moment, we are facing our biggest challenge ever. Many forces including Creative Commons, Public Knowledge, Electronic Frontier Foundation and technology companies with deep pockets are mobilizing to promote “Copyleft” in order to undermine our “Copyright.” They say they are advocates of consumer rights, but the truth is these groups simply do not want to pay for the use of our music. Their mission is to spread the word that our music should be free.”

    and actually look into the real problems you’ve pointed out. Through my own experience the worst culprits for not wanting to pay artists and writers is the record companies themselves. MCPS actually helped a lot there, I hope you have something similar in the states.

    The no derivatives licenses are also very much copyright and not copyleft.

    I’d also say the industry it self has done more to bring down the quality of music by the constant pushing of cheap manufactured groups while ignoring anything that can’t be assured success with 12 year old girls and some cheap ads.

  33. Malcolm,

    The fears that you and ASCAP have are understandable. While it is true that ASCAP should have stated that the _misuse_ of Creative Commons, EFF, or Public Knowledge should have been addressed, ASCAP did not. Instead it was directly propagative in stating that “[the listed organizations] and technology companies with deep pockets are mobilizing to promote ‘Copyleft'[…]” and “these groups simply do not want to pay for the use of our music. Their mission is to spread the word that our music should be free.”.

    The problem with the letter ASCAP has written is not that they stated “these organzations may be destroying the industry” and should have prepended that with “the misuse of”, but that they were propagative in their claims that these organizations are purposely attempting to undermine copyright by “influencing Congress against the interests of music creators” (that which the provided no evidence towards), that their motive is that they didn’t want to pay money for music (silly), and that the mission of these organizations (you must understand the strength of such word, as it usually refers to the “sole purpose of” when used to attribute companies or organizations) is to “spread the word that our music should be free”.

    I am all for copyrights. I believe in all levels of copyrights. The scary thing about ASCAP’s letter is that it attacks respectable organizations in the name of trying to do is uphold their artist’s rights. ASCAP, CC, EFF, and PK should all be working -together- to save all our rights. The fact that ASCAP came right out to say that these organizations were “opponents,” when I personally had no knowledge that such was the case, was incredibly surprising.

    There are many other industries and topics in which we’re all faced with the fact that our rights might be compromised in the future. However, consumers and artists can both have their rights. Both ends of the rope need to be protected. If one end of the rope is set on fire, the other end will likely be destroyed in due time.

    It is a scary thought that corporations may only use free and royalty free music to save money, but that’s competition. It’s something that every industry must deal with. It is a corporation’s duty to weigh the cons and pros of using free, low quality, royalty free music, and paid, high quality music. Corporations use low quality music only at their own risk. The use of low quality music produces low quality material and can negatively affect a corporation. That’s their decision.

    YOUR rights to sell your material are not being compromised because someone else wants to exercise THEIR rights to give away their material. Plain and simple. Their rights should be protected just as much as yours. To falsely claim that these organizations are working towards an objective to influence congress to undermine Copyrights and put musicians out of business is, again, outstandingly propagative and false. This is what makes ASCAP’s campaign a smear.

    ASCAP should instead be raising money for ALFA, a campaign to promote copyright with the help of CC, EFF, and PK. Understand that these organizations are here to only promote consumer rights and shun the misuse of copyrights, not to undermine copyrights. They all have copyrighted material that they posses under their organization. Why on earth would they want to undermine copyright? And where is the evidence to prove that this is their agenda?

    I advocate the promotion of our copyrights, but I also advocate our right to any level of copyright we choose to place our work under the protection of. It should not be these organizations that ASCAP has so boldly lashed out at, but instead of the users that misuse it (as you stated). But you and I both know what they /did/ promote, not what they /should have/. ASCAP should not be compromising the other end of the rope because of their fears. Every industry changes, and it would be naïve to think that it wouldn’t. If the Music industry “falls,” it will surely pick itself back up. No one likes bad quality music. No one.

  34. @Malcolm

    How many musicians that use Creative Commons do you know that use a BY-SA license instead of the BY-NC-SA.

    And even if they did use the BY-SA license they still have to attribute. Which basically means that if they use it in an advert then they have to put it on screen WHO performed it and where to get it. Unless the owner waivers these rules, but whoever does that really should think long and hard about it.

    I really cant see how this affects you since the majority of the CC licensed music is releases with NC. Thus NOT free for commercial use, so McDonalds cannot use it to sell a product without our permission. Thats where we make our demands.

    If it wasnt for CC then people would be allowed to do anything with our music because we would be releasing our music as Public Domain. Which in my opinion is an even worse situation.

  35. Malcolm

    Since iTunes sells movies now also I think when I heard ASCAP wanted performance royalties from iTunes it was for movie sales via iTunes to be compensated for songs in movies. Thanks for the further clarification though on how the system does work currently (differences between mechanical royalties and performance royalties) will do some research probably later and see if I can find old articles to reference what I heard about ASCAP wanting performance royalties via iTunes earlier. I know I heard this rumor circulating around the Net a year or two ago but don’t think anything came out of it.

    By the way I respect copyright but found this ASCAP letter so deceptive and frustrating that I decided to support Creative Commons and Freee Culture (http://freeculture.org) on this matter.

  36. I was merely doing some surfing re Creative Commons to learn something of using photographs on websites when I came across this reply to ASCAP.
    Stranger things are indeed found more strongly in fact than in fiction.
    A couple decades on the air in radio brought no problems with ASCAP myself although you heard plenty of harrowing if not ridiculous stories from others quite often.
    That brings me to my Dad’s 50 seat restaurant and bar in a town of 153 people in rural Iowa. He put in some speakers and sometimes rebroadcast the local news or a high school football game. Yes the station played music various hours daily and so the broadcast sometimes did have their music going over his speakers for short durations but far from being hour(s) continuously.
    One day he called to say an ASCAP representative visited him claiming they had evidence of the “many hours” daily he provided his customers free music and they wanted royalties paid in the amount of a couple of thousand dollars. It cost him some dollars for an attorney but ASCAP itself didn’t.
    ASCAP is definitely one who will stoop to any level and stop at nothing!

  37. The letter from ASCAP says two things:

    a. ASCAP is concerned about the growth of CC
    b. That CC is succeeding!

    Congratulations CC!

  41. The simple fact is that ASCAP fears losing money when performers have a freely available alternative to the BIG organization (ASCAP) which charges (rather large) fees and dues and confuses them with miles of legal jargon and paperwork. Personally, I actually FEAR the hooks and hammerlocks that such an organization could have on MY music if I license through them, without a reliable attorney to guide me through their maze of fine print and red tape! Of course they object to CC, which offers for free a service which they charge a hefty sum for! GODS FORBID anyone should EVER share ANYTHING for free! Why- it’s unAmerican!

    And the idea that such a corporate lapdog would use a smear campaign full of lies to undermine what they consider “the competition”? Pretty much to be expected. Big Music Industry organizations are, in the long run, no better than any big corporate organization. They won’t own one note of my music while I breathe. CC all the way.

  42. OH MY GOD! Does any one get what ASCAP does! seriously. This is embarrassing. ASCAP IS A NOT FOR PROFIT ORGANIZATION RUN BY MUSICIANS! You’re musicians and you have no idea what ASCAP does? You can’t license music through ASCAP, there is no legal jargon. You become a member by signing up. There aren’t a bunch of contracts. They collect royalties from TELEVISION networks, RADIO stations, and and other media out lets THAT ARE EARNING MONEY. Not indi radio, not Food network, NOT itunes, not Pandora, not Tower Records. If you use my music to benefit your product, I as the creator should be compensated.

    ASCAP should have said misuse!!!! Ad agencies will target FREE stuff, and if the commercial clearance is there, they will exploit the media to its fullest. This is what copy right is used for. To protect our property, our creations.

    I LOVE CC!! I think its great. I give away my music to be remixed all the time. But please people, lay off the ASCAP thing until you understand what they do. My god, I’m defending ASCAP here. Though, I have made a good living thanks to them doing their job. I usually find, and not to stereo type here, but people who complain about ASCAP and other PRO’s tend to be people who have never been paid by a PRO.

    What a wild conversation this is. Hey, some one from ASCAP, (hint hint, you know who you are) should chime in here and apologize to CC so we can get back to all being friends.

  43. @ Swivel.

    By the by. I think ASCAPs letter was aimed at what we are calling “Copyleft”, and the idea that any organization would promote copyright free will chip away at the very few protects we have. That is why it is not a smear campaign. ASCAP has nothing to gain from smearing CC.

    If you give your music to people for free, ASCAP didn’t collect any thing from that any way. They only collect from public broadcast, and then give pretty much all the money to you. ASCAP has nothing to loose or gain by you giving your music away. The copyleft thing is different. It is a slippery slope as I said before and if you don’t see that, then you don’t earn a living making music.

  44. I just read Paul Williams’ response to “Copyleft Challenge”. He is still suffering from severe critical-thinking failure, or is being dishonest (which would beg the question “why?”). Either way his statements are still untruths, being broadcast the members of an organization he is meant to protect.

    He can still change that by reading up on what CC really is, rather than imagining some all-powerful bogeyman. If not, ASCAP’s board of director’s is elected by it’s members: those members would be well served to elect someone new who could learn new ideas and actually address the issues of the times, rather than lashing out at things they don’t understand. Doing that is, at the minimum, delaying development of new business and business models for their members.

  45. “Not indi radio”

    Erm, i havent heard of one collection society that doesnt collect from Radio stations, INDIE or otherwise.

    MCPS/PRS over here in the UK dont discriminate against you. if you earn money or not they will force you to pay. Basically the use of the music is enough for them to contact you, even if it is only a small snippet.

    Are you telling us that ASCAP are different?

  46. Hello, I am a scientist and the author of my original lyrics songs in Russian. My lyrics are in fact the instances of singing of my soul on the melodies of pop classics of the past.

    I fair use the melodies of The Beatles and others for my private educational scholar home sound recordings to deliver love message to those few of Planet Earth who I love, my children, my parents, brothers, sister and the woman I love.

    I beleive that my songs are also expanding the value of old music, bringing it to new generations of Russian speaking global community, who simply would miss this music. Noone can argue this is a fair use. While my music is not for sale as i do not trade my love, I stand to protect my right for fair use.

    Please don’t worry, what ASCAP is doing is just an agony, we had similar happening in Science publishing when tradional publishers were opposing the open free access to science literature. They can’t stop the progress and the common sense. Period. I also run two Open Access science journals as founding and publishing Editor, and know this first hand (see my written evidence to UK Parliament hearing on science publication http://www.publications.parliament.uk/pa/cm200304/cmselect/cmsctech/399/399we125.htm )

    I do strongly support you and I am available to cooperate. I have about 85 songs in Russian on The Beatles melodies. This is more then 1/3 of their Catalog as seen/heard on their latest Digital Remasters. I recently filed a counter claim on my music video at Youtube ( my song Daughters on Melody of “Julia” http://www.youtube.com/watch?v=bgHFsc65L9A ) and DMCA counter claim on my lyrics publication at Google Blogger ( my song My Sister on melody of “Noone” by the Beatles , available as this music video http://www.youtube.com/watch?v=HEyO4LwSVOw ).

    I stand to protect my rights for creative reuse of the arts based on fair use or fair dealing provisions of copyright laws. I do respect Copyright Law and will not allow anyone to harm or doubt my right to build on the creative arts by others.

    As i will be approaching the completion of my first album Marina the Muse (devoted to Marina, a woman I love, of 26 songs, all on melodies by the Beatles, see http://music.israelscholar.org/1 ) I plan to write to Paul McCartney, Ringo Starr and Her Majesty The Queen to ask them, what they think about my usage of these melodies in my new love songs in Russian. Perhaphs you can help me to make my inquiry public and make our message bold!

    Sincerely,

    Alex Kudinov, MD, PhD, DrSci
    neuroscientist
    a man of 44 who loves this world

  47. @ berry

    Indi radio makes no money, hence no PRO. Remember the rule, no advertising dollars, no PRO.

    Europe is very different then the US and Canada. In Europe your publishing is your birth right. Period. Over here its a choice weather I want to collect PRO. I can do PRO free work, in Europe there’s no such thing. I like that.

    I’m really not sure why people wouldn’t want to be paid for their creations. Its how I get to create music every day rather then working at a gas station, which I’d get fired from any way.

    By the way. The russian guy. Why don’t you just write your own melodies? It would mean more to you and your family. Putting new words to Beatles melodies doesn’t sound like all that. Unless they are really funny, or better, which come on….. better?

  48. I sent the following letter to ASCAP when I received their e-mail about their “Legislative Fund for the Arts.” The research paper it references is at http://www.major2nd.com/papers/music-copyrights-cui-bono-20100626.pdf .

    Dear ASCAP,

    I have been a composer member of ASCAP for several years. I was disgusted by your grossly one-sided letter soliciting my contribution to your “Fund for the Arts.” ASCAP has consistently misrepresented the purpose, the history, and the facts of copyright — not to mention the mission and
    activities of Creative Commons, Public Knowledge, Electronic Frontier Foundation, and other public-interest organizations — apparently in order to fatten its royalty stream, deprive musicians of the ability to use each
    other’s work, and prevent listeners from enjoying music to which the law and the history of copyright entitle them. I recently completed a research paper on music copyright that backed up my reading of this situation.

    I have sent a copy of this letter and your letter, and a contribution of $100 each, to Creative Commons, Public Knowledge, and EFF.

    Sincerely,

    L Peter Deutsch

  49. @Malcolm

    In my view, im not bothered about places such as chip shops, hairdressers, taxi drivers etc playing my music without me getting paid. The first time i found out that this is what MCPS/PRS regarded as “public performance” i thought “eh?!”. They arent making money out of the music so what the heck?

    However, if they used my music to advertise them, then that is different.

    Then you have small snippets on websites that SELL music. they not only have to pay for the music they sell (which is only right) but also have to pay for the snippets that are being used to sell the music. So in a sense the website is paying royalties twice for the same track.

    Thats is why im not with MCPS/PRS. when someone sets up a collection agency that takes into account CC licensed material then i will join them.

  51. I am not very knowledgeable about copyright but I do believe that this campaign in plainly wrong.

    How can ASCAP even claim like so?

    If only I had more funds right now, this would’ve prompted me to help the CC more by donating…

  52. I continually find misinformation on the Internet about copyright. It seems a shame that ASCAP would deliver propaganda-ish material such as this. Thanks for putting out this press release. CC would be nothing without copyright as a basis for existence; CC doesn’t oppose copyright ownership, it expands its variety and gives content owners and users a new, different, and easier way to interact with copyright.

  53. I’ve read ASCAP’s original appeal, and the Creative Commons response, and Paul Williams response to that, and while I think I understand Mr. Williams’ position (and no, I don’t think he’s being dishonest), I think it includes some traditional, but unwarranted assumptions.

    The first and most important of these is the notion it’s immoral for amateurs and volunteers to compete with paid professionals, or for professionals to charge less than what the market will bear. My normal response to that is that is how the free market is supposed to work, and that any professional who can’t successfully compete with amateurs doesn’t deserve to be a professional. In the case of the arts, I think it holds even more: if an internationally recorded singer/songwriter has serious fears of lost income because other composers choose to give away their music for free (for whatever reason), then either he’s got bigger problems than competition or he really doesn’t understand his listeners: one composer’s work isn’t much of a substitute for another’s, and the availability of great work free of charge (that would include most of the well known classical and folk music in circulation) doesn’t mean that people won’t pay to listen to and perform music that’s really worth what its publishers charge for it.

    The second assumption is the idea that a desire to change or even repeal existing law implies opposition to enforcing it. While it is true that many people, including myself, think that copyright has gone much farther than can seriously be expected to “promote progress in science and the useful arts”, that some of the enforcement tactics employed in recent years are both unconscionable and legally questionable, and that infringement penalties in many cases, bear no relationship to the actual harm done to copyright holders (it is actually possible to hold such positions while still favoring an effective system of copyright), it is our privilege and duty as citizens to discuss matters of public policy that seem important to us, so long as we don’t slander or misrepresent the positions of others. Those such as Mr. Williams, who see things differently, have exactly the same privilege and duty and should act accordingly. That way we can have some real debate on the issues of the day, possibly even leading to better public understanding of the issues on all sides, and better policies resulting from that understanding. ASCAP may even find this to be more productive than the usual approach of using campaign contributions to reward “friends” and punish “enemies”, which has the unfortunate side effects of promoting corruption, and undermining public confidence in the political process and the rule of law. While it is unfortunately the case that opponents of existing laws often find it more productive to try to frustrate enforcement of those laws, rather than to openly advocate their repeal or amendment, I think there are still plenty of others willing to advocate repealing or reforming laws they don’t like, while still obeying such laws in the meantime.

    What we really need is an honest debate on the scope and duration of copyright. I don’t think we’re going to get it, since people have gotten too used to only seriously discussing policy with those predisposed to agree with them, while demonizing or ridiculing those who happen to disagree, but the debate is necessary, nonetheless.

  54. I thought I should correct some misunderstandings by some of the posters here.

    First: ASCAP (and other PRO’s, BMI and SEASAC) collect PERFORMANCE royalties. That is, royalties that are owed to a songwriter or composer (not performers), whenever anyone plays music on the radio, in a live venue, or in their business.

    ALL radio stations have to pay performance royalties – even indie stations (I know many indie DJ’s, and I’ve seen the paperwork with my own eyes). Other people who pay performance royalties: shops which play CD’s, any business that has a jukebox, and any venue where live music is being played (regardless of whether they charge for that music).

    In theory, you only need to pay these royalties if you play music represented by ASCAP (that includes bands covering ASCAP-represented songs). Unfortunately, it is near impossible to prove you don’t, so essentially you have to pay the PRO’s whether you play their music or not. But almost all commercial music is covered by one PRO or another, so it’s usually not terribly unfair.

    But ASCAP and BMI have been overly aggressive about charging people as of late – even e.g. non-profit coffee shops who host free “open mic” nights where musicians only play their own music. In theory this would be copyfraud on ASCAP’s part, but usually venues like this shut down the music rather than pay fees (or lawyers) they can’t afford.

    Internet radio has to pay performance royalties as well. In addition, they have to pay royalties to the actual performers (not just the songwriters). These royalty fees are handled by SoundExchange – who collects for all performers (including CC artists), not just those with a PRO. Terrestrial radio does not have to pay these fees, but there are bills in Congress to change this.

    There are also MECHANICAL royalties – paid to songwriters whenever a physical recording of their song (like a CD) is created. Digital downloads count as a “physical recording” under the law. These royalties are not handled by a PRO. Usually, they are handled by the Harry Fox Agency (which, I should note, has not gone on an anti-CC tirade).

    Now, about Creative Commons. It seems like some ASCAP people believe that CC lets people take the music that ASCAP represents, and release it under a CC license. This is completely false. That would be copyfraud, which is against the law – just as if you claimed a complete copyright over that music. Just as if ASCAP claimed a license over BMI music.

    A company can only use music if it’s not licensed under a “non-commercial” license. Just about all the CC-licensed music I’ve seen (including my own) involves a non-commercial license. If a company did try to use it without permission, then they would be guilty of copyright infringement.

    So there is no inherent conflict between CC and ASCAP. CC does not prevent anyone from charging for commercial use. Unfortunately, ASCAP doesn’t seem to care, instead preferring to attack a “copyleft” strawman.

    Does free music – even for commercial use – automatically “devalue” professional music? I don’t think it does, but if I’m wrong, that’s a problem for the professional musician. If you can’t compete with amateurs, then you’re not a very good professional.

    It’s like medicine: I could get all the medical advice I want from an average Joe on the street for free. I’ll still pay to go to a doctor – because doctors are highly skilled, and know what they’re doing. If my doctor didn’t know anything more than an average Joe, then I wouldn’t pay him a dime. And if your music is not better than an amateur’s, then maybe you shouldn’t be paid either.

    That’s what a free market is all about.

  55. The old model:

    Song gets played on radio, ASCAP and/or BMI tallies the number of plays, then sends appropriate royalties to artists collected from radio, TV, bars, etc…

    A new model:

    Song gets played on internet, ASCAP and/or BMI tallies the number of “plays” from a few big name websites, then sends appropriate royalties to artists collected from ISP’s.

    the internet = one big vast radio

  56. In my opinion ASCAP has little to do with Music. It a RECORD industry society trying to stay on top the music industry. Records is not Music.

    They are too comfortably rooted in their traditional business model to even consider the thought that the 1911 copyright act needed a little refresher… 10 years ago!

    I can understand why they feel threatened by the CC initiative, and saddened by the way they bash it. I’d be Afraid too if I were ASCAP.

  57. This is ridiculous. Many artists and creators want to put their stuff out there for free, for a variety of reasons, and should be able to do so. Whatever happened to the concept of sharing?

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#####EOF##### CC0 use for data - Creative Commons

CC0 use for data

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CC0 (read “CC Zero”) is a universal public domain dedication that may be used by anyone wishing to permanently surrender the copyright and database rights (where they exist) they may have in a work, thereby placing it as nearly as possible into the public domain. CC0 is a legal tool that improves on the “dedication” function of our earlier, U.S.-centric public domain dedication and certification. CC0 is universal in form and may be used throughout the world for any kind of content without adaptation to account for laws in different jurisdictions. And like our licenses, CC0 has the benefit of being expressed in three ways – legal code, a human readable deed, and machine-readable code that allows works distributed under CC0 to be easily found.

CC0 can be particularly important for the sharing of data and databases, since it otherwise may be unclear whether highly factual data and databases are restricted by copyright or other rights. Databases may contain facts that, in and of themselves, are not protected by copyright law. However, the copyright laws of many jurisdictions cover creatively selected or arranged compilations of facts and creative database design and structure, and some jurisdictions like those in the European Union have enacted additional sui generis laws that restrict uses of databases without regard for applicable copyright law. CC0 is intended to cover all copyright and database rights, so that however data and databases are restricted (under copyright or otherwise), those rights are all surrendered. CC0 is also particularly relevant to scientific data. An opinion piece in Nature on "Post-publication sharing of data and tools" explicitly recommends open sharing and the use of CC0 to put data in the public domain:

"Although it is usual practice for major public databases to make data freely available to access and use, any restrictions on use should be strongly resisted and we endorse explicit encouragement of open sharing, for example under the newly available CC0 public domain waiver of Creative Commons."

CC0 use cases

This is a list of uses of CC0 for data and databases. For uses of CC licenses, see Data and CC Licenses.

BioMed Central

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BioMed Central (BMC) is one of the largest open access (OA) publishers in the world with 250 peer-reviewed OA journals, and more than 100,000 OA articles published yearly. BMC is also long-time user of CC licenses to accomplish its mission of husbanding and promoting open science. BMC has been publishing articles under a CC license since 2004. Starting September 3, 2013, in keeping with its forward-looking mission, BMC started requiring a CC0 Public Domain Dedication for data supporting the published articles.

The British Library

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The British Library released a large set of their bibliographic data into the public domain via the CC0 public domain dedication. This set is from the British National Bibliography, which contains data on publishing activity from the United Kingdom and the Republic of Ireland since 1950, and comprises 20% of the entire British Library catalog. The dataset currently consists of 3 million individual records.

CERN Library

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CERN, the European Organization for Nuclear Research that is home to the Large Hadron Collider and birthplace of the web, released its book catalog into the public domain using the CC0 public domain dedication.

Cologne-based Libraries

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All bibliographic data from Cologne-based libraries are available to the public with no known copyright restrictions. Cologne-based libraries who surrendered their copyrights using the CC0 public domain dedication include the University and Public Library of Cologne (USB), the Library of the Academy of Media Arts Cologne, the University Library of the University of Applied Science of Cologne, and the LBZ. The data is currently linked from the North Rhine-Westphalian Library Service Center (hbz). For more info, see the blog post.

Digg

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All content on Digg, a social news website, is defaulted under CC0, which means that Digg has surrendered all copyrights to its content. Content includes readers' comments, story titles, story descriptions, and all of the other user-contributed content on the Digg site. For more info, see the blog post.

Digital Public Library of America

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The DPLA is committed to asserting no new rights—and will claim no rights—over the metadata that it aggregates from its various data-providing partners. It has also pledged to make all of this metadata freely available under the CC0 Public Domain Dedication.

Dryad

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Dryad is an online repository for data contained in academic papers and other publications in the sciences. The National Evolutionary Synthesis Center and the University of North Carolina Metadata Research Center, in partnership with various journals and societies, comprise the development of Dryad's data set, all of which is released under the CC0 public domain dedication.

European Library

The European Library has released ~82 million bibliographic records from 25 member libraries into the public domain under CC0.

European Union

The European Commission released licensing recommendations to support the reuse of public sector information in Europe. In addition to providing guidance on baseline license principles for public sector content and data, the guidelines suggest that Member States should adopt standardized open licenses – such as Creative Commons licenses. "Open standard licences, for example the most recent Creative Commons (CC) licences (version 4.0), could allow the re-use of PSI without the need to develop and update custom-made licences at national or sub-national level. Of these, the CC0 public domain dedication is of particular interest. As a legal tool that allows waiving copyright and database rights on PSI, it ensures full flexibility for re-users and reduces the complications associated with handling numerous licences, with possibly conflicting provisions."

Europeana

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Europeana — Europe’s digital library, museum and archive, and the first major adopter of the Public Domain Mark — has adopted a new Data Exchange Agreement which releases metadata for millions of cultural works into the public domain using the CC0 public domain dedication.

FigShare

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Researchers can publish their data on FigShare in a "citable, searchable, and shareable manner." According to FigShare's FAQ, "All figures, media and multiple file uploads are published under a CC BY license. All datasets are published under CC0."

Flickr

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Flickr published its shapefile dataset online, surrendering all copyrights via the CC0 public domain dedication. A shapefile is a file containing shapes mathematically generated by thousands of Flickr geotagged photos of particular neighborhoods, countries, and continents. Shapefile data has been used to reverse-engineer maps with user generated longitude and latitude coordinates that are then demarcated by Where-On-Earth IDs, "unique numeric identifiers that correspond to the hierarchy of places where a photo was taken: the neighbourhood, the town, the county, and so on up to the continent." For more information, see the blog post.

Genomes Unzipped

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Genomes Unzipped is a project that aims to inform the public about genetics via the independent analysis of open genetic data, volunteered by a core group of genetics researchers and specialists. Genomes Unzipped genetic data is available in the public domain via the CC0 public domain dedication, while other site content is defaulted under CC BY-SA.

German National Library

The German National Library has begun publishing its standard data as public domain using the CC0 public domain dedication tool.

German Wikipedia

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The German Wikipedia uses CC0 to dedicate data into the public domain; specifically, their PND-BEACON files are available for download. Since Wikipedia links out to quite a number of external resources, and since a lot of articles link to the same external resources, PND-BEACON files are the German Wikipedia’s way of organizing the various data.

GlaxoSmithKline (GSK)

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One of the leading pharmaceutical companies in the world, GlaxoSmithKline has surrendered all copyrights in its malarial data set via CC0, which includes more than 13,500 compounds known to be active against malaria.

Harvard Library

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Harvard Library has released 12 million catalog records into the public domain using CC0, in accordance with it Open Metadata Policy. Its FAQ explains why.

Hypothesis

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By default, all public contributions (annotations) made with the Hypothes.is open annotation tool are dedicated to the public domain via the CC0 Public Domain Dedication. Hypothes.is' TOU covers this policy in more detail.

National Library of Spain

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datos.bne.es is a joint project of Ontology Engineering Group (OEG) and the National Library of Spain, for the enrichment of the Semantic Web with bibliographic data from their catalog. This initiative has been launched with the publication, in accordance with the principles of Linked Data, information from library catalogs and authority, making knowledge bases available as RDF (Resource Description Framework). Furthermore, these data are interrelated with other existing knowledge bases in the Linking Open Data initiative. Thus, Spain is in addition to projects that other institutions like the British Library and the Deutsche Nationalbibliothek have recently begun. The 2.4 million bibliographic records are published according to the specifications and conditions of the Creative Commons Zero (CC0).


Italian Piemonte Regional Government

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The Piemonte Regional Government in Italy has adopted the CC0 public domain dedication for its open data portal (dati.piemonte.it). The Piemonte Region is leading the open data movement in Italy at the government level, being the only regional government to open up all its data for reuse without restrictions.

MichiganView

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Using CC0, MichiganView has surrendered all copyrights to its 93+ Gigabytes of Landsat 5 and 7, and NAIP imagery data. The MichiganView consortium makes available aerial photography and satellite imagery of Michigan to the public for free over the Web. As part of the AmericaView consortium, MichiganView supports access and use of these imagery collections through education, workforce development, and research. For more info, see the blog post.

Nature Publishing Group linked data

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Nature Publishing Group (NPG) provides access to its publication data via the linked data platform at http://data.nature.com. The platform includes more than 20 million Resource Description Framework (RDF) statements, including primary metadata for more than 450,000 articles published by NPG since 1869. The datasets include basic citation information (title, author, publication date, etc) as well as NPG specific ontologies. These datasets are released under Creative Commons Zero (CC0), which permits maximal use/re-use of this data. Nature's Scientific Data publication also announced it would release all machine-readable metadata accompanying Data Descriptor articles under CC0 to enable advanced users to mine and search our content without legal ambiguity.

Netherlands Government

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The Netherlands government launched www.rijksoverheid.nl, a single website for all Dutch ministries, in March 2010. The default copyright policy for site content is that there is no copyright; using the CC0 public domain dedication, the government surrendered all copyrights in site. The purpose of www.rijksoverheid.nl is to establish one central location or portal through which all government organizations and ministries can be accessed by the public. The migration process is currently underway. For more info, see the blog post.

NYPL Bibliographic Metadata and Cartographic Works

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NYPL's bibliographic metadata records provided through the NYPL Repository API are distributed under a Creative Commons CC0 1.0 Universal Public Domain Dedication. Although the bibliographic metadata records are provided consistent with CC0 1.0 Dedication, the content described by the metadata records is not. Content may be subject to copyright, rights of privacy, rights of publicity and other restrictions. The Lionel Pincus & Princess Firyal Map Division of NYPL has also released more than 20,000 cartographic works as high resolution downloads using CC0.

Open Clinical Innovation Network

The Open Clinical Innovation Network seeks to transform clinical research and development by openly sharing clinical tools and data via the CC0 public domain dedication, thereby enabling open innovation. More from the announcement. Still in its initial stages, you can read the white paper (pdf) and check out its first tool, Clinical Commons.

Open Library

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An initiative of the Internet Archive, the Open Library is an online catalog that aims to provide a web page for every book ever published. Drawing from existing library catalogs around the world and user contributions, the Open Library has 20 million records to date and provides access to 1.7 million scanned books. All rights to Open Library data are surrendered via CC0.

OpenEI

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An initiative of the U.S. Department of Energy, OpenEI is a linked open data platform that releases all contributions to the public under the CC0 public domain dedication. It is a community effort devoted to assembling the world's most comprehensive collection of energy information--including datasets, tools, and models.

OpenJurist.org

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Using CC0, OpenJurist, a resource for case law in the U.S., has made available all Supreme Court and Federal Appellate Court Decisions from the 1700s to the current day.

Personal Genome Project

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The Personal Genome Project, a pioneer in the emerging field of personal genomics technology, released a large data set containing genomic sequences for ten individuals using CC0, with future planned releases also to be under CC0.

Polar Information Commons

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The Polar Information Commons, a data sharing project growing out of the most recent International Polar Year, has enabled researchers to release their polar data into the public domain using the CC0 public domain dedication. For those sharing their data, the Polar Information Commons has outlined Ethics and Norms of Data Sharing.

Proteome Commons Tranche Network

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Proteome Commons Tranche Network, a public proteomics database for annotations and other information that uses Tranche, a free and open source (Apache 2.0) file storage and dissemination software, has enabled the CC0 public domain dedication as the default uploading option for users.

Public.resource.org

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1.8 million pages of U.S. Courts of Appeals decisions (since 1950 onwards) were delivered back into the public domain by public.resource.org, who officially surrendered all copyrights in the case law using the CC0 public domain dedication.

Research Libraries UK (RLUK)

"The data provided by RLUK will additionally be made available as Linked Open Data. This is part of The European Library's aim of working with its members to expose a set of their combined bibliographic metadata as a CC0 dataset - a dataset openly available for any type of reuse. RLUK's valuable data will now be integrated into the larger European Library set, thereby providing a rich source of reusable knowledge from Europe's most prestigious libraries." -- http://www.theeuropeanlibrary.org/tel4/newsitem/2450

Safecast

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Safecast releases radiation data from the fallout in Fukushima under CC0.

Sage Bionetworks - Sage Commons

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Sage Commons is a public resource and information platform for scientists, research foundations, and research institutions to share and develop human disease and biological research. Sage Commons will enable the CC0 public domain dedication as an option for surrendering copyright in data hosted in the network. The SageCite project, driven by UKOLN, the University of Manchester, and the British Library, and funded by JISC, is set to develop and test an entire framework for citation norms, not attribution, using bioinformatics as a test case.

SCOAP3 Repository

"The repository will also make available the corresponding metadata, under a CC0 license. Metadata will include of course the article DOIs and the ORCID IDs of all authors, when available."

Smithsonian Cooper-Hewitt Museum

The Smithsonian Cooper-Hewitt Museum has released its collection data into the public domain using CC0.

SimpleGeo

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http://blog.simplegeo.com/2011/04/20/open-places-data/

Swedish National Library

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The Swedish National Library signed an agreement in September 2011 that released the Swedish National Bibliography and authority files into the public domain using the CC0 public domain dedication.

Talis Connected Commons

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The Talis Connected Commons is a project by Talis that works to encourage the growth of public domain data. Talis offers free data hosting on its platform as long as the data is made available under either the Open Data Commons Public Domain Dedication or the CC0 public domain dedication.

University of Florida Library

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The University of Florida Smathers Libraries has implemented a default public domain policy for all of its original catalog data. The library has released its book catalog into the public domain using the CC0 public domain dedication tool, opening up downstream reuse of the data without restrictions.

University of Michigan Library

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The University of Michigan Library has surrendered all copyright in its Open Access bibliographic records via CC0. As of November 17, 2010, the Library released 684,597 bibliographic records into the public domain. The Library also defaults all of its site content under the most open CC license - CC BY.

WisconsinView

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Using CC0, WisconsinView has surrendered all copyrights in its 6+ Terabytes of imagery data. The WisconsinView consortium makes available aerial photography and satellite imagery of Wisconsin to the public for free over the Web. As part of the AmericaView consortium, WisconsinView supports access and use of these imagery collections through education, workforce development, and research. For more info, see the blog post.

Université de Montréal Biodiversity Centre

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The Université de Montréal Biodiversity Centre has published its datasets at Canadensys via the CC0 public domain dedication, and encourages the rest of the Canadensys community to do the same.

U.S. Food and Drug Administration

openFDA is a "new initiative in the Food and Drug Administration’s Office of Informatics and Technology Innovation spearheaded by FDA’s Chief Health Informatics Officer. OpenFDA offers easy access to FDA public data and highlight projects using these data in both the public and private sector to further regulatory or scientific missions, educate the public, and save lives." According to openFDA's TOU, "Unless otherwise noted, the content, data, documentation, code, and related materials on openFDA is public domain and made available with a Creative Commons CC0 1.0 Universal dedication."

U.S. Government Data

U.S. Open Data Action plan is under CC0 + some federal datasets: report (pdf); blog post

Wikidata

"Wikidata is a free knowledge base that can be read and edited by humans and machines alike. It is for data what Wikimedia Commons is for media files: it centralizes access to and management of structured data, such as interwiki references and statistical information. Wikidata contains data in all languages for which there are Wikimedia projects." All structured data from the main and property namespace is available via Creative Commons CC0. More info:

Other CC0 use cases

Mercy Corps

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Mercy Corps is a disaster relief organization that has released its package of office management materials (Office in a Box) into the public domain via CC0 for the start-up of new field offices in disaster areas and the improvement of operations in existing offices.

Open Clip Art Library

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All clip art packages generated and uploaded by the Open Clip Art Library community are free to use, distribute, and remix under the CC0 public domain dedication.

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Creative Commons > Blog > Weblog > Commercial Rights Reserved proposal outcome: no change

Commercial Rights Reserved proposal outcome: no change

February 14, 2013

CC recently considered a proposal to rename the NonCommercial license to “Commercial Rights Reserved”, as raised on this list back in December.

We have decided not to pursue that proposal, and to leave the name of the license the same. However, there is a possibility of using the “Commercial Rights Reserved” language in messaging and other informational materials about the license to make the function of the license clearer.

We are continuing to work on the other action items to improve understanding around the NC and ND licenses.

We received a lot of valuable feedback on the Commercial Rights Reserved proposal, and ultimately, there were many strong arguments both for and against it. One point that was broadly recognized, however, was that a change of the license name would be difficult to communicate and require a fair amount of time, effort, and in some cases expense, and a change would have to justify this cost. After evaluating the feedback, we believe that the case for changing the name was not strong enough for this.

Some common arguments in favor:

  • It avoids the problem of licensors selecting an NC license due to misunderstanding based on the name.

Some of the use of NonCommercial comes from licensors who choose to use it based on the name alone. More specifically, some licensors are choosing NC because they intend to use their work only for non-commercial purposes. They may be choosing NC without considering that it also restricts licensees.

  • It is more descriptive of the way the license operates.

Many license users are confused about the actual operation of the NonCommercial license. Some believe, for example, that it is to be placed on works that are not meant to be commercialized at all, including by the licensors themselves. CRR describes what it does, not what it doesn’t.

  • The proposed name would help make some CC business models clear.

Many potential licensors are not aware that you can use CC licenses as part of a business model that includes reserving rights for paid use. A license with a name that is more explicit about commercial rights could make it more immediately apparent that this possibility exists.

And against:

  • There is difficulty involved in any name change that potentially comes at high cost.

The primary argument against a rename is that any switch would potentially create a great deal of confusion among the license-using community, as well as work to rebrand and relocate all of the materials currently referring to NonCommercial.

  • A name change may lead to licensors adopting this license instead of more free licenses.

Changing the name to “Commercial Rights Reserved” may attract some licensors to use it who were not previously thinking about the possibility of leveraging their commercial rights and might otherwise have used a free license.

  • The name would be harder to understand.

“Commercial Rights Reserved” is more “legalese” than “NonCommercial”. Potential licensors who wish to use a no-commercial-use license may not understand that this would meet their needs, leading them to avoid using CC licenses altogether.

  • The change would not satisfy the desires of those critical of NC.

Though it would be intended to address some of the criticisms of NonCommercial license, many would see the rename as too small a change to meaningfully address their concerns.

Many thanks to those of you who offered feedback, both on and off the lists; while we have ultimately decided not to make this change, the comments we received in the consultation process contained a lot of useful insight and information that we’ll take into account when revising and creating new educational materials around the 4.0 licenses.

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#####EOF##### Marking your work with a CC license - Creative Commons

Marking your work with a CC license

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You have chosen a CC license for your work. Now how do you go about letting the world know? Here are some examples of how to mark your work with the CC license. Note: If you want to know how to attribute other creators' CC licensed materials, go here.

How to use the CC License Chooser

You can easily add a CC license notice to your website by visiting the CC license chooser. At the chooser, simply answer a few questions, fill in the fields you need, and receive an already formatted HTML code.

CC license chooser v2.png

At this point, all you have to do is:

1. Copy and paste the HTML code into your webpage or website.

The specifics of inserting the code depend on how you edit your website. The block of code should be inserted into the page HTML - most desktop website tools like Dreamweaver, Frontpage, or GoLive offer a "code view" that lets you see the code that makes up your page. Near the end of the page before you see </body></html>, paste the HTML code in directly.
If all of the resources you are publishing on a single website are licensed under the same CC license, it makes sense to paste the HTML code into your website’s template (e.g., in a footer or sidebar area). After saving the template, the chosen license information should appear everywhere on your site. Whether you add license information to a single page or an entire site, once live on the Internet, the license information will be displayed and the machines will be able to detect the license status automatically.

2. Edit the descriptive text to suit your needs.

For example, if you select CC BY in the chooser, the default text you receive in the second line of html code is:
This work is licensed under a <a rel="license" href="http://creativecommons.org/licenses/by/3.0/deed.en_US">Creative Commons Attribution 3.0 Unported License</a>.
The bolded text is descriptive, and you can edit it without affecting the code. For example, you might specify what 'work' you're talking about, or let users know that the entire site is available under the license unless noted otherwise. You could edit the bolded part as follows:
Except where otherwise noted, this website is licensed under a <a rel="license" href="http://creativecommons.org/licenses/by/3.0/deed.en_US">Creative Commons Attribution 3.0 Unported License</a>.

Example: Website

Cc.org cc by license.jpg

This is the CC license notice at the bottom of this website. The CC BY license notice shows up on every page of creativecommons.org. This is a good example because:

Author? - Since the license is for the CC website as a whole, which includes multiple authors, one attribution party is not specified. Instead, it is clarified in the Terms of Use (linked in the footer on the left) who owns what content.
License? - The specific CC license is noted (CC BY) and linked.
Machine-readability? - Yup. Copied and pasted code from the license chooser.
Other good stuff? - Also, we make it clear that we will let you know when material is governed by terms different from the CC BY license.

Example: Blog

Parker's blog

If you visit Parker's blog, you will see this notice. Parker filled out a few fields in the CC license chooser, which spit out an html code. He copied and pasted the html code into his website, editing the descriptive text to his needs. This is a really good example because:

Author? - Parker specified that he is the author of the work.
License? - Parker named and linked to the specific CC license (Creative Commons Attribution).
Machine-readability? - Yup. Copied and pasted code from the license chooser.
Other good stuff? - Yup. Parker indicated that the site was "parker higgins dot net."

Example: Offline document

For documents that are meant to be shared offline, use a title and/or copyright page to include the copyright notice and CC license information. You can obtain suggested text using the license chooser.

Help others attribute you.jpg

In the 'Help others attribute you!' box, select 'Offline' in the drop-down menu for 'License mark'. Instead of html, you will receive the following text which you can edit as needed: "This work is licensed under the Creative Commons Attribution 3.0 Unported License. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/." You can also download the corresponding CC license icon at our downloads page.

Example

Col cc notice.jpg

The Commonwealth of Learning (COL) added this CC license notice to their copyright page in the report entitled, Survey on Governments’ Open Educational Resources (OER) Policies. This is a good example because:

Author? - "by The Commonwealth of Learning"
License? - The notice clearly specifies the CC BY-SA license along with a link.
Machine-readability? - No, it's an offline document.
Other good stuff? - COL added a (c) copyright notice and a title for the work. COL also added a license icon to make it visually appealing and recognizable. (All CC license icons can be downloaded for free here.)

If you link to the document on a web page, make sure that the license information is clearly displayed next to the file, with all the recommended information below.

If you want to get technical and attempt embedding metadata within documents, see the CC-OpenOfficeOrg Addin for OpenOffice or the Microsoft Office add-ins for Microsoft Office 2003/XP, Office 2007/2010/2013.

Example: Image

8256206923 c77e85319e n.jpg
"Creative Commons 10th Birthday Celebration San Francisco" by tvol can be reused under the CC BY license

This photo was taken during CC's 10th birthday party in San Francisco by CC staff member tvol. This is a good example because:

Author? - "tvol" and linked to his Flickr profile page
License? - The specific CC license is noted (CC BY) and linked.
Machine-readability? - No, but it could be if we copied and pasted code from the CC license chooser.
Other good stuff? - Title is noted and linked to Flickr page where original image resides.

It is also easy to publish your image on an image sharing platform that has built-in CC licensing, such as Flickr, 500px, or Wikimedia Commons.

Note: We don't recommend adding a watermark or visual marker directly on an image, as it can detract from the original and prevent the reuse you want to allow with the CC license. Instead, make sure that the license information is clearly visible underneath (or otherwise next to) the image.

Example: Presentation

CC presentation example.jpg

This slide appears at the end of Jane Park's presentation called "Using the CC BY license, Workshop for 2013 OPEN Kick-off" at Slideshare. This is a good example because:

Author? - Clearly specifies that Creative Commons is the party that should be credited, along with a request to link to creativecommons.org.
License? - The specific CC license is noted (CC BY) with a link provided.
Machine-readability? - Yes, because it was uploaded to Slideshare, a slide-sharing platform that supports CC licensing.
Other good stuff? - Jane made use of one of the free CC_video_bumpers to iconically illustrate the CC BY license. She also makes it clear that she will let you know when material is governed by terms different from the CC BY license ('Except otherwise noted..' ).

If you link to or embed the presentation on a web page, make sure that the license information is clearly displayed next to the file, with all the recommended information below.

Example: Video

By bw small.png

This is a CC video bumper, which you can add to your video if you have room for a 2-5 second copyright frame. Here are some pre-made CC_video_bumpers and some newly updated bumpers (as of Feb. 2019).

You can edit these bumpers or create your own still with more information. Just make sure that such a still contains all the information recommended below.

Once you've added a copyright notice within your video, we recommend uploading your video to one of these video-sharing platforms that have built-in CC licensing. These platforms take care of the machine-readability for you. You can also add author and license info to any "about" field at these sites. After you've uploaded the videos, you can share the video on your own website or blog using the platform's "embed" feature.

If you link to or embed the video on a web page, make sure that the license information is clearly displayed next to the file, with all the recommended information below. For example, this blog post does a good job of displaying the CC license information about the video outside of its medium.

Video embed example.jpg

If you want to get technical, we have a document about marking materials so that they are machine-readable.

Example: Audio

CC podcast introduction by Cory Doctorow

This is a sample CC audio bumper which you can add at the beginning of an audio file to orally tell users of the CC license. Feel free to use intro bumpers developed by various Internet celebrities. You can also create your own, which can include more information as recommended below.

For audio, we recommend uploading your file to one of the music sharing platforms or communities that support CC licensing. These platforms take care of the machine-readability for you. You can also add author and license info to any "about" field at these sites.

If you link to the file on a web page, make sure that the license information is clearly displayed next to the file, with all the recommended information below.

If you want to get technical, Use your favorite audio player to add in the information. See Embedded_Metadata. You can also add ID3 tags to a common audio file type, such as the MP3, or browse other file types.

Example: Dataset

Rufous woodpecker metadata.jpg

This is a CC license notice for a snippet of metadata that is part of the India Biodiversity Portal dataset. All the info is displayed once you click on the "i" to "Show details." This is a good example because:

Author? - Clearly noted in the Contributors field as "Chitra Ravi, Content Editor, India Biodiversity Portal"
License? - The specific CC license is displayed via CC BY license icon and linked to the deed.
Machine-readability? - No, but they're working on that.
Other good stuff? - References used to create the summary/brief noted. License and author info easily found by clicking on "i" for more details.
Rufous woodpecker image marking.jpg

This is the CC license notice for the image to the right of the dataset which in this case is governed by different terms. This is a good example because:

Author? - Clearly noted once you click on the "i" under Attributions - Flickr user "ric seet"
License? - CC BY-NC-ND, which is displayed in icon and icon is linked to the deed
Machine-readability? - No, but they're working on that.
Other good stuff? - Link included to original Flickr image and even date that image was accessed. License and author info easily found by clicking on "i" for more details.

Author, License, Machine-readability

A good rule of thumb is to use the acronym ALM, which stands for Author, License, Machine-readability.

Author - Who should the user attribute?

This means the person who owns the copyright to the material and is licensing it to the public, aka the 'licensor.' If you are the licensor, then name yourself! If you're only one of the licensors, then name the others, too. If you are licensing the material on behalf of another entity, such as an organization, then you would note that instead.

License - How can the material be used?

This one's easy--they can use it under the CC license! Make sure to name the specific CC license the material is under and link to it, eg. Creative Commons Attribution 4.0 License with a link to http://creativecommons.org/licenses/by/4.0/. Don't just say the material is Creative Commons, because that says nothing about how the material can actually be used. Remember that there are six different CC licenses!
→ Also consider including the corresponding CC license icon, a visible indication of the license that is recognized as part of the CC brand around the world, eg. http://i.creativecommons.org/l/by/3.0/80x15.png

Machine-readability - Can machines read it?

We live in the digital age, so this is very important. If you want search engines and software systems to be able to detect the CC license, then make sure to use our license chooser tool to get the machine-readable html code, which you can then easily paste into web pages. This code is simply a summary of the license in a format that machines can understand, hence the term "machine-readability". (Note: You can also upload your work to a content sharing platform that supports CC licensing and takes care of the machine-readability for you.)

Lastly, Is there anything else the user should know about the material?

Is your work a modification of another work? Does your work incorporate elements of several third party materials? Are you adding any warranties, or modifying the existing disclaimer in the CC license? Are you granting additional permissions beyond what the license allows? If your answer is yes to any of these, then you should note that along with the license information about your work. For example, if your work incorporates third party materials, you would note those materials and make sure to attribute each of them correctly. This is also your chance to grant additional permissions. For example, if you license something under CC BY but are okay with people not attributing you in certain cases--this is your chance to specify those cases. You can't change the terms of a CC license, but you can always grant additional permissions or warranties.

Content-sharing platforms

One way to increase visibility and access to your work is to share it with an existing community on a content-sharing platform. Many platforms support machine-automated CC licensing, making it easy for you to indicate the license along with other information, such as who to attribute. In addition, these platforms may offer the ability to filter or search content by CC license, which increases the chances that your work may be discovered. Search engines, such as Google or Yahoo!, also index CC-licensed works from these platforms.

Take a look at how to license your work on a few of these platforms, like Vimeo and Soundcloud, at Publish.

If your favorite platform does not enable CC licensing, the best thing to do is to add in the license information manually as you would on your own site. There is usually a description or other free form field where you can enter info about the work. You might also consider encouraging your platform or community to enable CC licensing. If the demand is great, they just might listen.

Adding a CC0 public domain notice to your work

If you have decided to dedicate your work to the public domain using CC0, you can use the CC0 waiver tool just like you use the CC license chooser. Simply fill in the fields at the form, go through the the necessary steps of reading and understanding what rights you are giving up with CC0, and receive the already formatted html code at the end, as show below.

Ml blog cc0.jpg File:Ml blog cc0 2.jpg

Then copy and paste the resulting html into your website as you normally would, following best practices outlined above for adding a CC license using the license chooser.

You can see how Mike did that here, and by visiting his blog: File:Ml blog cc0 3.jpg

You can also upload your work to a content-sharing platform that supports CC0.

If you want to mark specific media, see the different examples above. You would simply exchange the CC license text with the CC0 waiver text, shown in the example below.

Example: CC0

Casey image cc0.jpg

The text reads: "Copyright and related rights waived via CC0"

This blog post is a good example of marking an image with CC0 instead of a CC license because:

It tells you what the CC0 tool actually does and links to the CC0 deed so that users may understand further. It is also clear that CC0 is not a license, but a waiver.

Other issues

Adding a CC license to your derivative work

If the work you are licensing is a derivative of another work, then in addition to following best practices above, you need to let your potential users know a few things:

  • That your work is a derivative of another work
  • Attribution for the original work (see Best practices for attribution)
  • If there are any other rights (eg. third party content used under fair use or other exceptions) that they should be aware of

Remember that if your work is an adaptation of a work licensed under either CC BY-SA or CC BY-NC-SA, then your derivative work must be made available under the same license as per the ShareAlike condition.

Note: When modifying materials under one of the Version 4.0 CC licenses, you must make a note of any modifications you make to the materials, regardless of whether the modification is significant enough to merit a derivative work. For examples, see Best practices for attribution.

Noting third-party content in your work

When you add a CC license to your work, you are only granting permissions to the rights you hold in the work. So if your work is a derivative of another creator's CC-licensed work, or otherwise incorporates third-party content under fair use or other exceptions, then you should make a note of that for your users. Your CC license only ever covers the rights you have in the content you create, and never other content by third parties.

If you are incorporating materials offered under other CC licenses, then see our best practices for attribution.

For more information, or for tips on how to mark content that is incorporated under fair use or other exceptions, see marking third-party content.

Don't call it a CC license if it isn't

When marking your work, remember that any restriction or modification to the original license cannot be labeled a 'Creative Commons’ license. See our Trademark policy.es: Marcando tu obra con una licencia CC

Retrieved from "https://wiki.creativecommons.org/index.php?title=Marking_your_work_with_a_CC_license&oldid=116977"

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This is a human-readable summary of (and not a substitute for) the license. Exoneração de Responsabilidade.

Você tem o direito de:

  • Adaptar — remixar, transformar, e criar a partir do material
  • para qualquer fim, mesmo que comercial.
  • O licenciante não pode revogar estes direitos desde que você respeite os termos da licença.

De acordo com os termos seguintes:

  • Atribuição — Você deve atribuir o devido crédito, fornecer um link para a licença, e indicar se foram feitas alterações. Você pode fazê-lo de qualquer forma razoável, mas não de uma forma que sugira que o licenciante o apoia ou aprova o seu uso.

  • CompartilhaIgual — Se você remixar, transformar, ou criar a partir do material, tem de distribuir as suas contribuições ao abrigo da mesma licença que o original.

  • Sem restrições adicionais — Você não pode aplicar termos jurídicos ou medidas de caráter tecnológico que restrinjam legalmente outros de fazerem algo que a licença permita.

Avisos:

  • Não tem de cumprir com os termos da licença relativamente a elementos do material que estejam no domínio público ou cuja utilização seja permitida por uma exceção ou limitação que seja aplicável.
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Attribution-ShareAlike 4.0 International

Official translations of this license are available in other languages.

Creative Commons Corporation (“Creative Commons”) is not a law firm and does not provide legal services or legal advice. Distribution of Creative Commons public licenses does not create a lawyer-client or other relationship. Creative Commons makes its licenses and related information available on an “as-is” basis. Creative Commons gives no warranties regarding its licenses, any material licensed under their terms and conditions, or any related information. Creative Commons disclaims all liability for damages resulting from their use to the fullest extent possible.

Using Creative Commons Public Licenses

Creative Commons public licenses provide a standard set of terms and conditions that creators and other rights holders may use to share original works of authorship and other material subject to copyright and certain other rights specified in the public license below. The following considerations are for informational purposes only, are not exhaustive, and do not form part of our licenses.

Considerations for licensors: Our public licenses are intended for use by those authorized to give the public permission to use material in ways otherwise restricted by copyright and certain other rights. Our licenses are irrevocable. Licensors should read and understand the terms and conditions of the license they choose before applying it. Licensors should also secure all rights necessary before applying our licenses so that the public can reuse the material as expected. Licensors should clearly mark any material not subject to the license. This includes other CC-licensed material, or material used under an exception or limitation to copyright. More considerations for licensors.

Considerations for the public: By using one of our public licenses, a licensor grants the public permission to use the licensed material under specified terms and conditions. If the licensor’s permission is not necessary for any reason–for example, because of any applicable exception or limitation to copyright–then that use is not regulated by the license. Our licenses grant only permissions under copyright and certain other rights that a licensor has authority to grant. Use of the licensed material may still be restricted for other reasons, including because others have copyright or other rights in the material. A licensor may make special requests, such as asking that all changes be marked or described. Although not required by our licenses, you are encouraged to respect those requests where reasonable. More considerations for the public.

Creative Commons Attribution-ShareAlike 4.0 International Public License

By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Creative Commons Attribution-ShareAlike 4.0 International Public License ("Public License"). To the extent this Public License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Licensed Material available under these terms and conditions.

Section 1 – Definitions.

  1. Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Public License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image.
  2. Adapter's License means the license You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this Public License.
  3. BY-SA Compatible License means a license listed at creativecommons.org/compatiblelicenses, approved by Creative Commons as essentially the equivalent of this Public License.
  4. Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this Public License, the rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.
  5. Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements.
  6. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
  7. License Elements means the license attributes listed in the name of a Creative Commons Public License. The License Elements of this Public License are Attribution and ShareAlike.
  8. Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License.
  9. Licensed Rights means the rights granted to You subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license.
  10. Licensor means the individual(s) or entity(ies) granting rights under this Public License.
  11. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
  12. Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.
  13. You means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning.

Section 2 – Scope.

  1. License grant.
    1. Subject to the terms and conditions of this Public License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:
      1. reproduce and Share the Licensed Material, in whole or in part; and
      2. produce, reproduce, and Share Adapted Material.
    2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.
    3. Term. The term of this Public License is specified in Section 6(a).
    4. Media and formats; technical modifications allowed. The Licensor authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Public License, simply making modifications authorized by this Section 2(a)(4) never produces Adapted Material.
    5. Downstream recipients.
      1. Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License.
      2. Additional offer from the Licensor – Adapted Material. Every recipient of Adapted Material from You automatically receives an offer from the Licensor to exercise the Licensed Rights in the Adapted Material under the conditions of the Adapter’s License You apply.
      3. No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
    6. No endorsement. Nothing in this Public License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3(a)(1)(A)(i).

  2. Other rights.

    1. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise.
    2. Patent and trademark rights are not licensed under this Public License.
    3. To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties.

Section 3 – License Conditions.

Your exercise of the Licensed Rights is expressly made subject to the following conditions.

  1. Attribution.

    1. If You Share the Licensed Material (including in modified form), You must:

      1. retain the following if it is supplied by the Licensor with the Licensed Material:
        1. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
        2. a copyright notice;
        3. a notice that refers to this Public License;
        4. a notice that refers to the disclaimer of warranties;
        5. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
      2. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
      3. indicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License.
    2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
    3. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.
  2. ShareAlike.

    In addition to the conditions in Section 3(a), if You Share Adapted Material You produce, the following conditions also apply.

    1. The Adapter’s License You apply must be a Creative Commons license with the same License Elements, this version or later, or a BY-SA Compatible License.
    2. You must include the text of, or the URI or hyperlink to, the Adapter's License You apply. You may satisfy this condition in any reasonable manner based on the medium, means, and context in which You Share Adapted Material.
    3. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, Adapted Material that restrict exercise of the rights granted under the Adapter's License You apply.

Section 4 – Sui Generis Database Rights.

Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:

  1. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database;
  2. if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material, including for purposes of Section 3(b); and
  3. You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database.
For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights.

Section 5 – Disclaimer of Warranties and Limitation of Liability.

  1. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.
  2. To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.
  1. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.

Section 6 – Term and Termination.

  1. This Public License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Public License, then Your rights under this Public License terminate automatically.

  2. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates:

    1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
    2. upon express reinstatement by the Licensor.
    For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License.
  3. For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public License.
  4. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.

Section 7 – Other Terms and Conditions.

  1. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
  2. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License.

Section 8 – Interpretation.

  1. For the avoidance of doubt, this Public License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Public License.
  2. To the extent possible, if any provision of this Public License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public License without affecting the enforceability of the remaining terms and conditions.
  3. No term or condition of this Public License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
  4. Nothing in this Public License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.

Creative Commons is not a party to its public licenses. Notwithstanding, Creative Commons may elect to apply one of its public licenses to material it publishes and in those instances will be considered the “Licensor.” The text of the Creative Commons public licenses is dedicated to the public domain under the CC0 Public Domain Dedication. Except for the limited purpose of indicating that material is shared under a Creative Commons public license or as otherwise permitted by the Creative Commons policies published at creativecommons.org/policies, Creative Commons does not authorize the use of the trademark “Creative Commons” or any other trademark or logo of Creative Commons without its prior written consent including, without limitation, in connection with any unauthorized modifications to any of its public licenses or any other arrangements, understandings, or agreements concerning use of licensed material. For the avoidance of doubt, this paragraph does not form part of the public licenses.

Creative Commons may be contacted at creativecommons.org.

Additional languages available: Bahasa Indonesia, euskara, Deutsch, Español, français, hrvatski, italiano, latviski, Lietuvių, Nederlands, norsk, polski, português, suomeksi, svenska, te reo Māori, Türkçe, Ελληνικά, русский, українська, العربية, 日本語. Please read the FAQ for more information about official translations.

#####EOF##### Privacy Policy (pre 2017-11-29) - Creative Commons
Creative Commons > Privacy Policy > Privacy Policy (pre 2017-11-29)

Privacy Policy (pre 2017-11-29)

Master Privacy Policy and Express Consent

1. Preamble

This Master Privacy Policy (“Privacy Policy”) explains the collection, use, processing, transferring and disclosure of “personal information” by Creative Commons Corporation (“CC” or “Creative Commons”), a Massachusetts charitable organization, and also contains an Express Consent that applies to those who use our Websites and Services (as defined below). This Privacy Policy is incorporated into and made part of Creative Commons Master Terms of Use (“Master Terms”) located at https://creativecommons.org/terms.

Unless otherwise noted on a particular website or service hosted by Creative Commons, this Privacy Policy applies to your use of all websites that Creative Commons operates. These include http://creativecommons.org, http://wiki.creativecommons.org, http://openpolicynetwork.org, http://open4us.org, https://rightsback.org, https://ccsearch.creativecommons.org/, http://teamopen.cc, http://donate.creativecommons.org, http://thepowerofopen.org, https://network.creativecommons.org and http://creativecommons.net, together with all other subdomains thereof (the “ccNet Website”), (collectively, the “Websites”). This Privacy Policy also applies to all products, information, and services provided through the Websites, including without limitation the license chooser, legal tools, the CC Login Services (defined below), and the CC Global Network community website (the “CCGN website (together with the Websites, the “Services”). Creative Commons does not operate the website at http://ccmixter.org. Furthermore, this Privacy Policy does not apply to any of the websites operated by affiliates or chapters of Creative Commons unless expressly provided on those websites or any subdomains of the Websites. For purposes of this Privacy Policy, “CC Login Services” refers to CC’s implementation of the OpenID standard used on the ccNet Website, and the Central Authentication Service (CAS protocol) used on https://login.creativecommons.org.

In addition, supplemental Privacy Policy terms (“Supplemental Privacy Policy Terms”) may apply to a particular Service, such as the Scholar’s Copyright Addendum Engine ( http://sciencecommons.org/resources/supplemental-privacy-policy/) and rightsback.org (https://rightsback.org/privacy-policy/). All such Supplemental Privacy Policy Terms will be accessible for you to read either within, or through your use of, that particular Service.

This Privacy Policy also explains our commitment to you with respect to our use, processing, transfer and disclosure of non personal browsing and site usage data that Creative Commons collects as the provider of the Services. “Non personal browsing and site usage data” refers to information that CC collects indirectly and automatically about your activities while visiting the Websites and using the Services through tools such as Google Analytics. The type of information that we collect focuses on general information such as general location such as country or city where you are located (not intentionally fine-grained location information), pages visited, heat-map of visitors’ activity on the site, information about the browser you are using, etc. In addition, whenever you use a CC Login Service to log into a Website or use the Services, our servers (which, again, may be hosted by a third party service provider) keep a plain text log of the websites you visit and when you visit them. CC does not deliberately track people over the Internet. See section 11, below for more information about this.

As used in this policy, “personal information” means information that would allow a party to identify you such as, for example, your name, address or location, telephone number, or email address or information from which a person could deduce your identity.

By accessing or using any of the Services, you are accepting and agreeing to the practices described in this Privacy Policy.

2. Our Principles

Creative Commons is committed to handling responsibly the personal information and data we collect and process about you through our Services, whether personal information or non personal browsing and site usage data. We have designed our Privacy Policy consistent with the following principles (the “Principles”):

  • Privacy policies including provisions regarding data collection, processing and use, should be human readable, comprehensive, and easy to locate;

  • Only the minimum amount of personal information reasonably necessary to provide you with services should be processed, collected and maintained, and only for so long as reasonably needed or required, consistent with the principles of proportionality; and

  • Personal information you provide through our Services, or that we gather as a result of your use of our Services, should not be used for marketing or advertising purposes, nor should it be provided voluntarily (without your permission) to anyone else unless required.

3. Personal Information CC Collects

We may collect and process personal information through our Services, including without limitation:

  • in connection with your selection of one of our licenses or legal tools including CC0 or the Public Domain Mark;

  • when you provide us with your personal information such as by sending an email to us or signing up to receive updates from Creative Commons, including the CCGN;

  • when you subscribe to one of our email discussion lists;

  • when you donate money to us or purchase merchandise;

  • when you create a CC Login Service account;

  • when you apply for membership in the CC Global Network (the “CCGN”) or use the CCGN website;

  • if you respond to a membership applicant’s request that you be a voucher for his, her or its membership application; and

  • when you provide personal information in connection with your participation in any of the forums we make available through our Services.

Specifically, the following personal information at a minimum will be collected, processed and transferred as set forth below when you apply for membership in the CCGN:

  • Name;

  • Email address;

  • Brief bio (including links and references);

  • Brief summary of why you want to be a member of CCGN;

  • Areas of interest;

  • Languages;

  • Country in which you are located and/or with which you have voluntarily chosen to be associated;

  • URLs and links to social media;

  • A personal photo for your profile (if that feature is enabled and you voluntarily supply a photo);

  • Whether you are currently or have previously been associated with a CC affiliate institution or are or have previously been an individual CC affiliate;

  • Personal qualities that relate to your candidacy for membership; and

  • Any other information that you elect to provide or that CC may request.

Some of this personal information (along with your new user ID) will be used to create your CCGN member profile if your application is approved. Some of that information will be public (user ID, name and photo (if the feature is enabled and you have voluntarily supplied it), and some of that information will only be accessible by other CCGN members (email address, brief biography, languages, country in which you are located and/or with which you have voluntarily chosen to be associated, URLs and social media, and similar)).

If you are designated as a voucher by an individual or an institution applying for membership in the CCGN, the following personal information may be collected about you as a voucher:

  • Name;

  • Email address;

  • Information on how you know the candidate and your opinion (deciding in favor of vouching, as to why your favor the candidate);

  • Country in which you are located and/or with which you have voluntarily chosen to be associated;

  • URLs and links to social media; and

  • Any other information that the voucher elects to provide or that CC may request.

4. What CC Does with Personal Information

License/Tool Selection . We use the personal information you provide to us as part of your selection of one of our licenses/tools to provide you the RDF, html and the uniform resource locator that correspond to the license/tool you selected. Some older versions of the license chooser enable Creative Commons to send you this information via email. In those cases, your email address is expunged after this email has been sent. We may use all of this information to maintain license/tools usage data.

Emails and Newsletters . We use the personal information you provide to us when you send us emails or sign up to receive updates from Creative Commons in order to respond to your request – for example, to reply to your email or to send you communications about Creative Commons news and campaigns.

When you subscribe to updates from us, your email address is sent to and stored in a Customer Relationship Management (CRM) database (such as MailChimp, or CiviCRM) hosted on servers that can only be accessed by Creative Commons staff and contractors. CC may change CRM system(s) from time to time. When you subscribe to one of our email discussion lists, your name and email address is sent to and stored by (1) ibiblio.org ( http://www.ibiblio.org/), currently a collaboration between the Center for the Public Domain ( http://www.centerforthepublicdomain.org/) and the University of North Carolina – Chapel Hill  ( http://www.unc.edu/), (2) Creative Commons, and/or (3) another service with which Creative Commons has engaged to provide email support (such as a CRM system as mentioned above). Personal information submitted as part of our email discussion lists is used for the purpose of managing the discussion lists. Your name and email address typically will be visible to other list participants when you correspond on the list and to the general public in the discussion archives. All emails sent to the discussions lists are publicly archived.

Events: If you sign up for an event hosted or supported by Creative Commons, we may share your personal information with vendors and third party contractors solely for the purpose of organizing and running the event. Additionally, if you sign up to participate in a CC-sponsored event, including without limitation a CC Global Summit, you may be asked to enter your name, address, and account information in connection with your payment for attendance. Currently, CC uses Stripe for payment, but CC may use additional methods for payment. You affirmatively consent and agree that CC may use and process your information in connection with the use and processing of your attendance with any such third party payment processors for purposes of processing your payment. Your information is subject to the privacy policies of such third party websites, and you affirmatively consent to the transfer of your information to those websites and service providers. CC is not be responsible for their handling, processing and use of your information.

Donations . When you donate money, goods or services to us, purchase merchandise via our support page, or pay for attendance at an event (including the CC Global Summits), your personal information will be handled depending on which option you choose.

If you purchase merchandise from the Creative Commons store ( http://store.creativecommons.org/), your personal information will be used for the purpose of sending you the items you purchased. If you sign up to receive updates from Creative Commons when you check out from the store, we will use your personal information to send you communications about Creative Commons news and campaigns.

You may donate money to Creative Commons directly or through a variety of on-line payment sites, currently including PayPal, JustGive.org, Good Search, Network for Good, and Mission Fish, among others. When you use any of those websites and services to donate to CC, your personal information is sent to, processed by and stored by those websites in accordance with their respective privacy policies and terms of use. You should read and understand the privacy policy and terms of use of any website you use to donate to Creative Commons. When you donate to Creative Commons directly, we use your personal information to process your donation. When you donate as part of one of CC’s fundraising campaigns, your name will be published on our “supporters page” unless you request otherwise. If you sign up to receive updates from Creative Commons when you provide your donation, we will use your personal information to send you communications about Creative Commons news and campaigns.

5. ccNet Website

This service is no longer accepting new accounts, but if you previously created a ccNet account, you may still access and use it. When you joined ccNet, you provided personal information to create your account and establish a password and profile, and to create an OpenID. We use that personal information to establish and maintain your accounts, provide you with the features we provide for account holders, to act as your OpenID service provider, and for the purpose of contacting you about upcoming news and events relevant to Creative Commons.

By joining ccNet, you were also given a public profile page where you can voluntarily post personal information for public viewing. The information that you submit on your public profile page, including but not limited to information you provide in the field “Your CC Story” and any photograph or image of yourself you choose to upload, is posted by you at your discretion (although subject to ccNet’s Master Terms of Use). You should not post photos or images of other persons without their express consent. The information you publish on your public profile page, including your personal information, may be used by anyone who views that information for any lawful purpose, with the exception of the text you insert in the “Your CC Story” field and any photograph or image of yourself that you upload, which if you choose to provide in either case must be licensed under and becomes subject to the terms and conditions of the Creative Commons Attribution 3.0 Unported License, as stated on the Edit Profile page. CC may use the personal and non personal browsing and site usage date (as described above) you provide in your public profile, including the text in the “Your CC Story” field (subject to the terms of that license), to promote the mission of Creative Commons.

6. CC Global Network (CCGN)

In connection with your application to the CCGN or use of the CCGN website, you will be required to provide certain personal information. We use and process that personal information to evaluate your application, establish and maintain your account, provide you with the features we provide for account holders, and for the purpose of contacting you about upcoming news and events relevant to Creative Commons and the CCGN. In connection with your application you will be required to have one or more members of the CCGN provide information about you in order to vouch for you as a potential member of the CCGN. You hereby consent to those individuals providing such information about you that we reasonably request. The personal information provided in connection with your application to the CCGN, whether by you or a member of the CCGN vouching as you voluntarily request on your behalf, will be used by the CCGN including its Membership Council (interim and/or permanent) and Creative Commons to evaluate your application.

If you are admitted to the CCGN you will be given a public profile page where you can voluntarily post personal information for public viewing. Certain personal information that you submit to or make available on your profile page, including your name, areas of interest, images and other content you upload may be used by anyone who views that information for any lawful purpose. Additional personal information that you submit to your profile page, including your biographical information, languages spoken, country of residence or country with which you wish to be associated or similar, social media account information or URL details may be viewed and used by other members of the CCGN. Further, if you are admitted, your information will be transferred to and from the various fora that further the CC mission and enable the CCGN, including chapters, the CCGN, platforms and working groups, HQ and the Membership Council for purposes of governance participation, activity interaction, and other purposes related to the mission, vision and activities of CC.

Whether your CCGN membership application is rejected or accepted, the personal information that was collected from you and from the voucher will be deleted after 21 days of CC’s sending out the decision, with the exception of the voucher’s decision (e.g., vouch for applicant / does not vouch for applicant) and your then-existing or prior affiliation(s) as or with a CC affiliate.

Information provided by vouchers related to your identity and decision (i.e., whether or not you (the voucher) vouched for the applicant) will be retained.

See sections 15 and 22 below for additional information.

7. Participating in the CCGN

Registered Users . When you register to obtain a user account on any of the Services (any such person, a “Registered User”), including but not limited to a CC Login Service or the CCGN website, you may be asked to provide personal information to create your account and establish a password and profile. We generally encourage you to use an alias or nickname if you are not comfortable providing your legal name. The name or nickname you provide in connection with your account may be used to attribute you in connection with any content you submit to any Service. We also use that personal information to establish and maintain your account, to provide you with the features we provide Registered Users, and to email you regarding changes to this policy or other applicable policies. If you sign up to receive updates from Creative Commons when you create your account, we will use your personal information to send you communications about Creative Commons news and campaigns.

Any other personal information that we may collect which is not described specifically in this Privacy Policy will only be collected, processed, transferred and used in accordance with the Principles and as stated herein.

8. Disclosures of Personal Information

In general, it is not Creative Commons’ practice to disclose personal information to third parties other than as made available on the Services. Except as otherwise set forth herein or for providing you with attribution using your CC Login Service name or nickname (as you have elected) in connection with your CC-licensed works, we may share your personal information in the following instances:

  1. First, Creative Commons may share personal information with our contractors and service providers in order to maintain, enhance, or add to the functionality of the Services, or to organize and run an event you signed up to attend.

  2. Second, we may disclose your personal information you provide in connection with your application to the CCGN or use of the CCGN website, including to those individuals who you select to vouch for your acceptance as a member of the CCGN and those reviewing your application, and the Membership Counsel (interim and/or permanent) whose members are located in various countries (such as Colombia, El Salvador, Australia, Canada, Malaysia, Argentina, South Korea, Poland, Ghana, Brazil, United States, Japan, Netherlands, Chile, and Guatemala), for the purpose of making a decision about your application.

  3. Third, if you are a voucher, we may disclose your personal information to (a) the Membership Council (interim and/or permanent), for the purpose of confirming the voucher’s identity and for making a decision about the applicant, and (b) the applicant should the applicant decide to invoke his or her right of access and correction as discussed below in sections 21 and 22.

  4. Fourth, we may disclose your personal information to third parties in a good faith belief that such disclosure is reasonably necessary to (a) take action regarding suspected illegal activities; (b) enforce or apply our Master Terms and this Privacy Policy; (c) enforce our Charter [link] including the Code of Conduct and policies contained and incorporated therein, (d) comply with legal process, such as a search warrant, subpoena, statute, or court order; or (e) address legitimate interests pursued by Creative Commons or by a third party (except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child) and ensure our compliance with applicable laws.

For the purposes listed in section 3 above, Creative Commons may transfer your personal information to Creative Commons affiliates, members, chapters, and third parties that provide products or services to Creative Commons. The majority of consultants that Creative Commons is using as of the effective date of this Privacy Policy were located in the United States and in Canada, but this may change from time to time. For example, Creative Commons has engaged a third-party Internet service to provide hosting services for some of our Websites based in the United Kingdom.

When personal information is directly transferred to an affiliate, member, Chapter or a third party provider located in a country including those listed above, that may not provide a level of protection equivalent to the laws in your jurisdiction, Creative Commons will exercise appropriate due diligence in the selection of such recipients, and require that these recipients maintain adequate technical and organizational security measures to safeguard the personal information and process the personal information only as instructed by Creative Commons and for no other purposes. See also section 20 below.

9. Security of Personal Information Collected via the Services

Creative Commons has implemented reasonable physical, technical, and organizational security measures for personal information that Creative Commons processes, transfers, stores and controls against accidental or unlawful destruction, or accidental loss, alteration, unauthorized disclosure or access, in compliance with applicable law. However, no website can fully eliminate security risks. Third parties may circumvent our security measures to unlawfully intercept or access transmissions or private communications. If any data breach occurs, we will post a reasonably prominent notice to the Websites and comply with all other applicable data privacy requirements including, when required, personal notice to you if you have provided and we have maintained an email address for you.

The CC Login Services account systems have security risks in addition to those described above. Among other things, they are vulnerable to DNS attacks, and using any CC Login Service may increase the risk of phishing. See “More about CC Login Services” below and other information about those services throughout this Privacy Policy.

10. Information from Cookies and Similar Technologies

We and our service providers (for example, Google Analytics as described in section 1 above) may collect information using cookies or similar technologies for the purposes described above and below. Cookies are pieces of information that are stored by your browser on the hard drive or memory of your computer or other Internet access device.  Cookies may enable us to personalize your experience on the Services, maintain a persistent session, passively collect demographic information about your computer, and monitor advertisements and other activities.  The Websites may use different kinds of cookies and other types of local storage (such as browser-based or plugin-based local storage).

11. Non Personal Browsing and Site Usage Information We Process and Collect

When you use the Services, our servers (which may be hosted by a third party service provider) may process and collect information indirectly and automatically (through, for example, the use of your “IP address”) about your activities while visiting the Websites and using our Services, and information about the country you are located in and the browser you are using. In addition, we use website and application analytics services provided by third parties that use cookies and other similar technologies to collect information about the use of the Websites and Services, and to report trends, without identifying individual visitors (this is all “non personal browsing and site usage information” for purposes of this Privacy Policy and as described in section 1, above). The third parties that provide us with these services may also collect information about your use of third-party websites. You can learn about Google’s practices in connection with this information collection and how to opt out of it by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout. Whenever you use your CCGN website account or a CC Login Service, our servers (which, again, may be hosted by a third party service provider) keep a log of the websites you visit and when you visit them. We may share the non personal browsing information we collect with our third party service providers in connection with the services they provide.

12. No Linking

We do not intentionally link browsing information or information from our CC Login Services server logs to the personal information you submit to us. We use this information for internal purposes only, such as to help understand how the Services are being used, to improve our Services, and for systems administration purposes. CC may use a third party analytics provider (for example, Google Analytics as discussed in section 1 above) to help us collect and analyze non personal browsing and site usage information through operation of our Services for those same purposes.

In connection with your use of the Services, you may tag content, create lists of favorite content, and do other things to personalize your experience. You should not, however, tag other persons or post photographs or other images or likenesses without that other person’s express consent. This information will be retained by Creative Commons in connection with the relevant CC Login Service.

13. No Selling or Sharing

Except in the unique situations identified in this Privacy Policy, Creative Commons does not sell or otherwise voluntarily provide the non personal browsing information we collect and process about you or your website usage to third parties.

14. No Access; More about CC Login Services

As a provider of CC Login Services, CC could access your web-based account tied to such services, and could log in on behalf of any of Registered Users to any of the accounts they have accessed using the CC Login Services. Creative Commons will never use this technical login ability for any purpose except as required by law.

15. Data Retention

CC generally discards non personal browsing information from our CC Login Services and CCGN website once we have used the information for the limited purposes noted above under “No Linking” and described elsewhere in this Privacy Policy. Nevertheless, we may, but are not obligated to, retain certain data in connection with routine information technology backups and for archival purposes.

When a CCGN membership application is rejected or accepted, the personal information that was collected from the applicant and from the voucher will be deleted after 21 days of CC’s sending out the decision, with the exception of the voucher’ decision (e.g., vouch for applicant / does not vouch for applicant) and your then-existing or prior affiliation(s) as or with a CC affiliate. Personal information submitted by someone acting as a voucher and collected for the purpose of providing a voucher for an applicant that is rejected or accepted will be deleted after 21 days from the time CC sends out its decision, with the exception of the voucher’s actual decision (i.e., whether or not he or she vouched for the applicant, but none of the statement(s) that he or she may have provided).

16. Notice

Any other non-personal information that we collect which is not described specifically in this Privacy Policy will only be collected, processed, transferred and used in accordance with the Principles.

17. Reorganization or Spin-Offs

Creative Commons may transfer some or all of your personal and/or non personal browsing information to a third party as a result of a reorganization, spin-off, or similar transaction. Upon such transfer, the acquirer’s privacy policy will apply. In such event, Creative Commons will use reasonable efforts to notify you and to ensure that at the time of the transaction the acquirer’s privacy policy complies with the Principles and with all applicable laws.

18. Children

The Services are not directed at children under the age of 13. Consistent with the U.S. federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personal information from anyone under the age of 13 without requiring parental consent. Our Master Terms specifically prohibit anyone using our Services from submitting any personally identifiable information about persons under 13 years of age. Any person who provides their personal information to CC through the Services represents that they are 13 years of age or older.

19. Third-Party Sites

The Services may include links to other websites. You should consult the respective privacy policies of these third-party sites. This Privacy Policy does not apply to, and we cannot control the activities of, such other websites.

20. Special Note to International Users

If you are accessing or using the Services in regions with laws governing data collection, processing, transfer and use, please note that we may transfer your information to recipients in countries other than the country in which the information was originally collected. Those countries may not have the same data protection laws as the country in which you initially provided the information. The Services are hosted in the United States and the United Kingdom. Please note that your personal information may be located on servers in the United States and/or the United Kingdom. By providing your personal information and by checking all required boxes when you apply for membership in the CCGN or otherwise access and use our Services or Websites, you expressly consent to the use of your personal information for the uses identified above in accordance with the Privacy Policy.

The personal information you provide to Creative Commons when you apply for CCGN membership will be shared with the members of the Membership Council (interim and/or permanent) for the purpose of making a decision on your application. These members may be located in countries other than the country in which the information was originally collected, for instance Colombia, El Salvador, Australia, Canada, Malaysia, Argentina, South Korea, Poland, Ghana, Brazil, United States, Japan, the Netherlands, Chile, and Guatemala. The data protection laws of such countries might not provide a level of protection equivalent to the laws in your jurisdiction. Creative Commons will exercise appropriate due diligence in the selection of such members, and require that these members maintain adequate technical and organizational security measures to safeguard the personal information and process the personal information only as instructed by Creative Commons and for no other purposes. Data transferred from the European Union to the United States or outside the European Union will be made on the grounds of a certification to the E.U./U.S. Privacy Shield regime and/or a data transfer agreement based on the Standard Contractual Clauses approved of by the European Commission respectively, consistent with applicable data privacy requirements.

21. Accuracy of Personal Information Collected

Creative Commons intends to keep personal information accurate and up-to-date. We also retain personal information no longer than is necessary to carry out the purposes described in section 3 above, or as required by law. If changes need to be made to your personal information, please notify us (as identified below, see the “Questions” section) right away. If you inform us of changes or we otherwise become aware of any factual inaccuracies in personal information, we will promptly make changes as appropriate. You also have the option to update some of your personal information yourself via your Creative Commons account or profile if you have one.

22. Access to Personal Information

Along with all other rights granted to you under applicable laws, you may at any time request to be informed of personal information that Creative Commons holds. If you wish to access such personal information, you should apply in writing to Creative Commons (as identified below, see the “Questions” section). You are generally entitled to access personal information that Creative Commons holds and to have inaccurate data corrected or removed to the extent CC still maintains it. In certain circumstances, you also may have the right to object for legitimate reasons to the processing or transfer of personal information.

If you applied for CCGN membership or acted as a voucher for an applicant, you are generally entitled to access the personal information that Creative Commons holds at the time of your request. However, with the exception of the voucher’ decision (e.g., vouch for applicant / does not vouch for applicant) and the applicant’s past affiliation(s) with a CC affiliate institution, please note that such data will only be retained by Creative Commons for 21 days of CC’s sending out the decision, as described in section 15 above. Thereafter, any other personal information related to the membership application process, including any vouchers’ personal statements or submissions, will be deleted.

23. Changes and Updates to this Privacy Policy

We may occasionally update this Privacy Policy. When we do, we will provide you with notice of such update through (at a minimum) a reasonably prominent notice on the Websites and Services, and will revise the Effective Date below. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting, using, processing and transferring the personal information we collect.

24. Using this Privacy Policy for Your Own Purposes

The text (but not trademarks, including CC’s name, branding, and look-feel of this site) of this Privacy Policy is dedicated to the public domain under the Creative Commons CC0 Public Domain Dedication. You are free to use and adapt this Privacy Policy and any applicable Supplemental Privacy Policy Terms for your own purposes but not in connection with the Services of Websites. These terms are provided AS-IS and without any warranty of any type whatsoever (see the text of the CC0 for more). Keep in mind that this Privacy Policy may not be suitable for your situation. Creative Commons strongly encourages you to seek the advice of your own attorney before repurposing this Privacy Policy on your own site. CC is not your attorney, and this is not legal advice.

25. Questions?

If you have questions about this Privacy Policy, please contact us by email at legal@creativecommons.org.

Effective Date: 7 November 2017. For an archive of previous CC privacy policies, see here.

#####EOF##### Creative Commons Public Domain Tools

Our Public Domain Tools

Creative Commons has updated its Master Terms of Service and Master Privacy Policy, effective November 7, 2017. Before continuing on our websites or using our services, please review.

Our licenses help authors keep and manage their copyright on terms they choose. Our public domain tools, on the other hand, enable authors and copyright owners who want to dedicate their works to the worldwide public domain to do so, and facilitate the labeling and discovery of works that are already free of known copyright restrictions.

CC0

Use this universal tool if you are a holder of copyright or database rights and you wish to waive all your interests, if any, in your work worldwide. This may be the case if you are reproducing an underlying work that is in the public domain and want to communicate that you claim no copyright in your digital copy where copyright law may grant protection.

Public Domain Mark

Use this tool if you have identified a work that is free of known copyright restrictions. Creative Commons does not recommend this tool for works that are restricted by copyright laws in one or more jurisdictions.

#####EOF##### Frequently Asked Questions - Creative Commons
English | Français

Frequently Asked Questions

2019-04-02 14:07:11 UTC

These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information.

  • Other CC FAQs: CC0 Public Domain Dedication and Public Domain Mark.
  • “Licensor”, “rights holder”, “owner”, and “creator” may be used interchangeably to refer to the person or entity applying a CC license.
  • Information about the licenses is primarily made with reference to the 4.0 suite, but earlier license versions are mentioned where they differ.
  • Have a question that isn’t answered here? Contact info@creativecommons.org.

Creative Commons does not provide legal advice. This FAQ is for informational purposes and is not a substitute for legal advice. It may not cover important issues that affect you. You should consult with your own lawyer if you have questions.

About CC

What is Creative Commons and what do you do?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. Our legal tools help those who want to encourage reuse of their works by offering them for use under generous, standardized terms; those who want to make creative uses of works; and those who want to benefit from this symbiosis. Our vision is to help others realize the full potential of the internet. CC has affiliates all over the world who help ensure our licenses work internationally and who raise awareness of our work.

Although Creative Commons is best known for its licenses, our work extends beyond just providing copyright licenses. CC offers other legal and technical tools that also facilitate sharing and discovery of creative works, such as CC0, a public domain dedication for rights holders who wish to put their work into the public domain before the expiration of copyright, and the Public Domain Mark, a tool for marking a work that is in the worldwide public domain. Creative Commons licenses and tools were designed specifically to work with the web, which makes content that is offered under their terms easy to search for, discover, and use.

For more information about CC, our main website contains in-depth information about the organization, its staff and board of directors, its history, and its supporters. You can also read CC case studies to learn about some of the inspiring ways CC licenses and tools have been used to share works and support innovative business models. You can find regularly updated information about CC by visiting the blog.

Absolutely not. CC has responded to claims to the contrary. CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

That said, Creative Commons recognizes the need for change in copyright law, and many members of the Creative Commons community are active participants in the copyright reform movement. For more information, see our statement in support of copyright reform.

What does “Some Rights Reserved” mean?

Copyright grants to creators a bundle of exclusive rights over their creative works, which generally include, at a minimum, the right to reproduce, distribute, display, and make adaptations. The phrase “All Rights Reserved” is often used by owners to indicate that they reserve all of the rights granted to them under the law. When copyright expires, the work enters the public domain, and the rights holder can no longer stop others from engaging in those activities under copyright, with the exception of moral rights reserved to creators in some jurisdictions. Creative Commons licenses offer creators a spectrum of choices between retaining all rights and relinquishing all rights (public domain), an approach we call “Some Rights Reserved.”

No. Creative Commons is not a law firm and does not provide legal advice or legal services. CC is similar to a self-help service that offers free, form-based legal documents for others to use. These FAQ answers many of the most common questions. There is also specialized information available on the following pages:

While CC does provide this informational guidance about its licenses and other tools, this information may not apply to your particular situation, and should never be taken as legal advice.

If you’re looking for legal advice about using CC licenses and other tools, we recommend contacting the Creative Commons affiliate in your jurisdiction. CC affiliates are highly connected to the communities of copyright lawyers in their countries. We also offer a list of lawyers and organizations who have identified themselves as willing to provide information to others about CC licensing issues. However, please note that CC does not provide referral services, and does not endorse or recommend any person on that list.

Does Creative Commons collect or track material licensed under a CC license?

No, CC does not collect content or track licensed material. However, CC builds technical tools that help the public search for and use works licensed under our licenses and other legal tools, and many others have built such tools as well. CC Search is one tool developed by CC to help the public discover works offered under Creative Commons licenses on the internet via CC-aware search engines and repositories.

What do the Creative Commons buttons do?

The CC buttons are a shorthand way to convey the basic permissions associated with material offered under CC licenses. Creators and owners who apply CC licenses to their material can download and apply those buttons to communicate to users the permissions granted in advance. When the material is offered online, the buttons should usually link out to the human-readable license deeds (which, in turn, link to the license itself).

May I use the Creative Commons logo and buttons?

You may download high resolution versions of the Creative Commons logos and use them in connection with your work or your website, provided you comply with our policies. Among other things, if you use the logos on a website or on your work, you may not alter the logos in any respect—such as by changing the font, the proportions, or the colors. CC’s buttons, name, and corporate logo (the “CC” in a circle) are trademarks of Creative Commons. You cannot use them in ways not permitted by our policies unless you first receive express, written permission. This means, for example, that you cannot (without our permission) print your own buttons and t-shirts using CC logos, although you can purchase them in CC’s store.

I love Creative Commons. How can I help?

Please support CC by making a donation through our support page. Donations can be handled through PayPal or by credit card. You can also support CC by visiting our store.

CC always welcomes your feedback, which you can provide by emailing . You can also participate in CC’s email discussion lists and share feedback and ideas in one of those forums.

If you are a software developer, sysadmin, or have other technical expertise, please join our developer community and help build the tools that build the commons.

Finally, one of the best ways to support CC is by supporting our causes yourself. Follow our blog to find out about current issues where you can help get involved and spread the word, and advocate for free and open licensing in your own communities.

Why does Creative Commons run an annual fundraising campaign? What is the money used for and where does it go?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, with affiliates all over the world who help ensure our licenses work internationally and raise awareness about our work. Our tools are free, and our reach is wide.

In order to…

  • continue developing our licenses and public domain tools to make sure they are legally and technically up-to-date around the world,
  • help creators implement these tools on websites through best practices and individual assistance,
  • enable CC licensing on major content-sharing platforms,
  • enhance CC-licensed resource search and discovery,
  • advocate for CC licensing and open policies in education, science, and culture, and
  • myriad other activities we’re forgetting to mention, such as all the everyday boring but essential operations that go into running an organization

…we need $ to make it all happen! For more information, please take a look at our Annual Report.

Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. It is essential we have the public’s support because it is the creators and users of CC material who make our tools relevant in this digital age. They depend on the tools and services CC provides through their reuse and remix of the rich, open resources available on Wikipedia, Flickr, SoundCloud, Vimeo, Europeana, MIT OpenCourseWare, the Library of Science, Al Jazeera, and YouTube—just to name a few. Many of these people donate $10, $25, or $50 to CC, to help keep it up and running so we can continue to provide our tools and services for free, as a nonprofit organization. The more people who donate to CC, the more independent it will remain.

General License Information

What are Creative Commons licenses?

Creative Commons licenses provide an easy way to manage the copyright terms that attach automatically to all creative material under copyright. Our licenses allow that material to be shared and reused under terms that are flexible and legally sound. Creative Commons offers a core suite of six copyright licenses. Because there is no single “Creative Commons license,” it is important to identify which of the six licenses you are applying to your material, which of the six licenses has been applied to material that you intend to use, and in both cases the specific version.

All of our licenses require that users provide attribution (BY) to the creator when the material is used and shared. Some licensors choose the BY license, which requires attribution to the creator as the only condition to reuse of the material. The other five licenses combine BY with one or more of three additional license elements: NonCommercial (NC), which prohibits commercial use of the material; NoDerivatives (ND), which prohibits the sharing of adaptations of the material; and ShareAlike (SA), which requires adaptations of the material be released under the same license.

CC licenses may be applied to any type of work, including educational resources, music, photographs, databases, government and public sector information, and many other types of material. The only categories of works for which CC does not recommend its licenses are computer software and hardware. You should also not apply Creative Commons licenses to works that are no longer protected by copyright or are otherwise in the public domain. Instead, for those works in the worldwide public domain, we recommend that you mark them with the Public Domain Mark.

How do CC licenses operate?

CC licenses are operative only when applied to material in which a copyright exists, and even then only when a particular use would otherwise not be permitted by copyright. Note that the latest version of CC licenses also applies to rights similar to copyright, such as neighboring rights and sui generis database rights. Learn more about the scope of the licenses. This means that CC license terms and conditions are not triggered by uses permitted under any applicable exceptions and limitations to copyright, nor do license terms and conditions apply to elements of a licensed work that are in the public domain. This also means that CC licenses do not contractually impose restrictions on uses of a work where there is no underlying copyright. This feature (and others) distinguish CC licenses from some other open licenses like the ODbL and ODC-BY, both of which are intended to impose contractual conditions and restrictions on the reuse of databases in jurisdictions where there is no underlying copyright or sui generis database right.

All CC licenses are non-exclusive: creators and owners can enter into additional, different licensing arrangements for the same material at any time (often referred to as “dual-licensing” or “multi-licensing”). However, CC licenses are not revocable once granted unless there has been a breach, and even then the license is terminated only for the breaching licensee.

There are also videos and comics that offer visual descriptions of how CC licenses work.

Which is the latest version of the licenses offered by Creative Commons?

In November 2013, Creative Commons published the version 4.0 license suite. These licenses are the most up-to-date licenses offered by CC, and are recommended over all prior versions. You can see how the licenses have been improved over time on the license versions page. 4.0 has been drafted to be internationally valid, and will have official translations becoming available after publication.

No. By design, CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions. This is a fundamental principle of CC licensing.

Who gives permission to use material offered under Creative Commons licenses?

Our licenses and legal tools are intended for use by anyone who holds copyright in the material. This is often, but not always, the creator.

Creative Commons offers licenses and tools to the public free of charge and does not require that creators or other rights holders register with CC in order to apply a CC license to a work. This means that CC does not have special knowledge of who uses the licenses and for what purposes, nor does CC have a way to contact creators beyond means generally available to the public. CC has no authority to grant permission on behalf of those persons, nor does CC manage those rights on behalf of others.

If you would like to obtain additional permissions to use the work beyond those granted by the license that has been applied, or if you’re not sure if your intended use is permitted by the license, you should contact the rights holder.

Are Creative Commons licenses enforceable in a court of law?

Creative Commons licenses are drafted to be enforceable around the world, and have been enforced in court in various jurisdictions. To CC’s knowledge, the licenses have never been held unenforceable or invalid.

CC licenses contain a “severability” clause. This allows a court to eliminate any provision determined to be unenforceable, and enforce the remaining provisions of the license.

What happens if someone applies a Creative Commons license to my work without my knowledge or authorization?

CC alerts prospective licensors they need to have all necessary rights before applying a CC license to a work. If that is not the case and someone has marked your work with a CC license without your authorization, you should contact that person and tell them to remove the license from your work. You may also wish to contact a lawyer. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What are the international (“unported”) Creative Commons licenses, and why does CC offer “ported” licenses?

One of CC’s goals is ensuring that all of its legal tools work globally, so that anyone anywhere in the world can share their work on globally standard terms. To this end, CC offers a core suite of six international copyright licenses (formerly called the “unported”) that are drafted based largely on various international treaties governing copyright, taking into account as many jurisdiction-specific legal issues as possible. The latest version (4.0) has been drafted with particular attention to the needs of international enforceability.

For version 3.0 and earlier, Creative Commons has also offered ported versions of its six core licenses for many jurisdictions (which usually correspond to countries, but not always). These ported licenses are based on the international license suite but have been modified to reflect local nuances in the expression of legal terms and conditions, drafting protocols, and language. The ported licenses and the international licenses are all intended to be legally effective everywhere. CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

Can governments and intergovernmental organizations (“IGOs”) use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors’ overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the “machine readable” layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]”; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you’re uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC’s Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC’s legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC’s Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and running pilot programs that allow creators to use CC licenses in some circumstances.

If you are already a member of a collecting society and want to use CC licenses, you are welcome to encourage your collecting society to give you the option of Creative Commons licensing.

Can I still make money from a work I make available under a Creative Commons license?

Yes. One of our goals is to encourage creators and rights holders to experiment with new ways to promote and market their work. There are several possible ways of doing this.

CC’s NonCommercial (NC) licenses allow rights holders to maximize distribution while maintaining control of the commercialization of their works. If you want to reserve the right to commercialize your work, you may do this by choosing a license with the NC condition. If someone else wants to use your work commercially and you have applied an NC license to your work, they must first get your permission. As the rights holder, you may still sell your own work commercially.

You may also use funding models that do not depend on using an NC license. For example, many artists and creators use crowdfunding to fund their work before releasing it under a less restrictive license. Others use a “freemium” model where the basic content is free, but extras such as a physical printed version or special access to a members-only website are for paying customers only.

For more information and ideas, The Power of Open presents case studies of artists, businesspeople, and organizations who use CC.

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

No. CC licenses allow for flexibility in the way credit is provided depending on the medium, means, and context in which a licensee is redistributing licensed material. For example, providing attribution to the creator when using licensed material in a blog post may be different than doing so in a video remix. This flexibility facilitates compliance by licensees and reduces uncertainty about different types of reuse—minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded.

Can I change the license terms or conditions?

Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons” or “CC” license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials. Keep in mind that altering terms and conditions is distinct from waiving existing conditions or granting additional permissions than those in the licenses. Licensors may always do so, and many choose to do so using the CC+ protocol to readily signal the waiver or additional permission on the CC license deed.

CC does not assert copyright in the text of its licenses, so you are permitted to modify the text as long as you do not use the CC marks to describe it. However, we do not recommend this. We also advise against modifying our licenses through indirect means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other material. This would prevent licensees from using, combining, or remixing content under your customized license with other content under the same or compatible CC licenses.

Modifying licenses creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.

Can I waive license terms or conditions?

Yes. You may always choose to waive some license terms or conditions. Material licensed under a CC license but with additional permissions granted or conditions waived may be compatibly licensed with other material under the same license. Our CC+ protocol provides a mechanism for facilitating that grant or waiver.

Can I enter into separate or supplemental agreements with users of my work?

Yes. CC licenses are nonexclusive. Licensors always have the option of entering into separate arrangements for the sharing of their material in addition to applying a CC license. However, those different arrangements are not “CC” or “Creative Commons” licenses.

Separate agreements: You may offer the licensed material under other licenses in addition to the CC license (a practice commonly referred to as “dual licensing”). For example, you may wish to license a video game soundtrack under both a CC license and the GPL, so that it may be used under either set of terms. A reuser may then choose which set of terms to comply with. Or, for example, you may offer your material to the public under a NonCommercial license, but offer commercial permissions to fee-paying customers.

Supplemental agreements: Problems arise when licensors design those terms or arrangements to serve not as separate, alternative licensing arrangements but as supplemental terms having the effect of changing the standard terms within the CC license. While you may offer separate terms and conditions to other parties, you should not do so in such a way that would neutralize terms of the CC license.

Except in the limited situation where more permissions are being granted or license conditions are waived, if the additional arrangement modifies or conflicts with the CC license terms, then the resulting licensing arrangement is no longer a CC licensing arrangement. To avoid confusing those who may mistakenly believe the work is licensed under standard CC terms, we must insist that in these instances licensors not use our trademarks, names, and logos in connection with their custom licensing arrangement.

It should be noted that any agreements you make with other parties only have an effect on the other parties to that agreement, and do not apply to anyone else receiving the licensed material. For example, if there are terms of use that apply to visitors to your website on which you host CC-licensed material, your terms of use may apply to visitors to that website, but not to anyone who receives copies of the CC-licensed material elsewhere. Even for the visitors to your website, any separate terms and conditions do not become part of the license—they remain a separate contractual agreement, and violation of this agreement does not constitute copyright infringement.

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

A CC license terminates automatically when its conditions are violated. For example, if a reuser of CC-licensed material does not provide the attribution required when sharing the work, then the user no longer has the right to continue using the material and may be liable for copyright infringement. The license is terminated for the user who violated the license. However, all other users still have a valid license, so long as they are in compliance.

Under the 4.0 licenses, a licensee automatically gets these rights back if she fixes the violation within 30 days of discovering it.

If you apply a Creative Commons license and a user violates the license conditions, you may opt to contact the person directly to ask them to rectify the situation or consult a lawyer to act on your behalf. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

As long as users abide by license terms and conditions, licensors cannot control how the material is used. However, CC licenses do provide several mechanisms that allow licensors to choose not to be associated with their material or to uses of their material with which they disagree.

First, all CC licenses prohibit using the attribution requirement to suggest that the licensor endorses or supports a particular use. Second, licensors may waive the attribution requirement, choosing not to be identified as the licensor, if they wish. Third, if the licensor does not like how the material has been modified or used, CC licenses require that the licensee remove the attribution information upon request. (In 3.0 and earlier, this is only a requirement for adaptations and collections; in 4.0, this also applies to the unmodified work.) Finally, anyone modifying licensed material must indicate that the original has been modified. This ensures that changes made to the original material–whether or not the licensor approves of them–are not attributed back to the licensor.

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

The use of any effective technical protection measures (such as digital rights management or “DRM”) by licensees to prevent others from exercising the licensed rights is prohibited.

Not all kinds of encryption or access limitations are prohibited by the licenses. For example, sending content via email and encrypting it with the recipient’s public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a particular set of users (for example, by requiring a username and password to enter a site) does not restrict further use of the content by the recipients. In these examples, these things do not prevent the recipient from exercising all of the rights granted by the license, including the right to redistribute it further.

If someone is applying effective technological measures to your CC-licensed material that do restrict exercise of the licensed rights (such as applying DRM that restricts copying), this is a violation of the license terms unless you have chosen to grant this permission separately.

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

No. CC licenses grant permission to use the licensed material in any media or format regardless of the format in which it has been made available. This is true even if you have applied a NoDerivatives license to your work. Once a CC license is applied to a work in one format or medium, a licensee may use the same work in any other format or medium without violating the licensor’s copyright.

What if I change my mind about using a CC license?

CC licenses are not revocable. Once something has been published under a CC license, licensees may continue using it according to the license terms for the duration of applicable copyright and similar rights. As a licensor, you may stop distributing under the CC license at any time, but anyone who has access to a copy of the material may continue to redistribute it under the CC license terms. While you cannot revoke the license, CC licenses do provide a mechanism for licensors to ask that others using their material remove the attribution information. You should think carefully before choosing a Creative Commons license.

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

CC offers six core licenses, each of which grants a different set of permissions. Before you use CC-licensed material, you should review the terms of the particular license to be sure your anticipated use is permitted. If you wish to use the work in a manner that is not permitted by the license, you should contact the rights holder (often the creator) to get permission first, or look for an alternative work that is licensed in a way that permits your anticipated use. Note that if you use material in a way that is not permitted by the applicable license and your use is not otherwise permitted by an applicable copyright exception or limitation, the license is automatically terminated and you may be liable for copyright infringement, even if you are eligible to have your rights reinstated later.

Before using material offered under a Creative Commons license, you should know that CC licenses only grant permissions needed under copyright and similar rights, and there may be additional rights you need to use it as intended. You should also understand that licensors do not offer warranties or guarantees about the material they are licensing unless expressly indicated otherwise. All materials are licensed “AS IS” and a disclaimer of warranties applies unless expressly provided otherwise. If you want to ask for a warranty or guarantee about rights to use the material, you should talk with the licensor before using it.

Does a Creative Commons license give me all the rights I need to use the work?

It depends. CC licenses do not license rights other than copyright and similar rights (which include sui generis database rights in version 4.0). For example, they do not license trademark or patent rights, or the publicity, personality, and privacy rights of third parties. However, licensors agree to waive or not assert any moral rights, publicity rights, personality rights, or privacy rights they themselves hold, to the limited extent necessary to allow exercise of the licensed rights. Any rights outside of the scope of the license may require clearance (i.e., permission) in order to use the work as you would like.

Additionally, creative works sometimes incorporate works owned by others (known as “third party content”), often used pursuant to a CC license or under an exception or limitation to copyright such as fair use in the U.S. You should make sure you have permission to use any third party content contained in the work you want to use, or that your use is otherwise allowed under the laws of your jurisdiction, particularly in cases such as fair use where your right to use the content depends on the particular context in which you plan to use it.

All CC licenses contain a disclaimer of warranties, meaning that the licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work. You may wish to obtain legal advice before using CC-licensed material if you are not sure whether you have all the rights you need.

What if there are sui generis database rights that apply to my use of a CC-licensed database?

In the somewhat limited circumstances where sui generis database rights apply to your use, special conditions apply and there are more specific considerations you should be aware of. Under 4.0, sui generis database rights are licensed alongside copyright, but the treatment in earlier versions of the license varies. A fuller explanation of these variations and related considerations is available in the Data FAQ.

Where can I find material offered under a CC license?

If you are looking for material offered under a Creative Commons license, CC Search is a good starting point. There is also a directory of organizations and individuals who use CC licenses. Some media sites, such as Flickr, have search filters for material licensed using CC’s licenses.

Be sure to confirm that the material you want to use is actually under a CC license, as search results may sometimes be misleading.

Are Creative Commons works really free to use?

Yes. While many if not most CC-licensed works are available at no cost, some licensors charge for initial access to CC-licensed works—for example, by publishing CC-licensed content only to subscribers, or by charging for downloads. However, even if you have paid an access charge, once you have a copy of CC-licensed material, you may make any further uses permitted by the license without paying licensing fees.

(If you wish to make uses that are not permitted by the license—for example, making a commercial use of an NC-licensed photo—the licensor may charge for those additional rights.)

What should I know about differences between the international licenses and the ported licenses?

As a licensee, you should always read and understand the relevant license’s legal code before using CC-licensed material, particularly if you are using material that is licensed using a ported license with which you are unfamiliar. Our porting process involved adapting the international licenses to the legal framework of different jurisdictions, and in that process slight adjustments may have been made that you should make yourself aware of in advance of using the material. You can find more information about the ported licenses in the Jurisdiction Database.

There are currently no ported versions of 4.0, and we expect there will be few, if any, in the future. All official translations of the 4.0 international licenses are equivalent: you may substitute one for another depending on your preferred language.

However, the ported versions of 3.0 and earlier sometimes contain small differences from the international license depending on the ways in which they have been adapted to their jurisdictions. For example, a handful of the ported licenses contain provisions specifying which laws will apply in the event the licensor chooses to enforce the license, and a few of the ported licenses contain forum selection clauses.

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Contact the rights holders to ask for permission. Otherwise, unless an exception or limitation to copyright applies, your use of the material may violate the Creative Commons license. If you violate the terms of the license, your rights to use the material will be automatically terminated, and you may be liable for copyright infringement.

Do I always have to comply with the license terms? If not, what are the exceptions?

You need to comply with the license terms if what you are doing would otherwise require permission from the rights holder. If your use would not require permission from the rights holder because it falls under an exception or limitation, such as fair use, or because the material has come into the public domain, the license does not apply, and you do not need to comply with its terms and conditions. Additionally, if you are using an excerpt small enough to be uncopyrightable, the license does not apply to your use, and you do not need to comply with its terms.

However, if you are using excerpts of CC-licensed material which individually are minimal and do not require license compliance, but together make up a significant copyrightable chunk, you must comply with the license terms. For example, if you quote many individual lines from a poem across several sections of a blog post, and your use is not a fair use, you must comply with the license even though no individual line would have been a substantial enough portion of the work to require this.

Attribution

How do I properly attribute material offered under a Creative Commons license?

All CC licenses require users to attribute the creator of licensed material, unless the creator has waived that requirement, not supplied a name, or asked that her name be removed. Additionally, you must retain a copyright notice, a link to the license (or to the deed), a license notice, a notice about the disclaimer of warranties, and a URI if reasonable. For versions prior to 4.0, you must also provide the title of the work. (Though it is not a requirement in 4.0, it is still recommended if one is supplied.)

You must also indicate if you have modified the work—for example, if you have taken an excerpt, or cropped a photo. (For versions prior to 4.0, this is only required if you have created an adaptation by contributing your own creative material, but it is recommended even when not required.) It is not necessary to note trivial alterations, such as correcting a typo or changing a font size. Finally, you must retain an indication of previous modifications to the work.

CC licenses have a flexible attribution requirement, so there is not necessarily one correct way to provide attribution. The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner. Additionally, you may satisfy the attribution requirement by providing a link to a place where the attribution information may be found.

While the attribution requirements in the license are the minimum requirement, we always recommend that you follow the best practices for the kind of use you are making. For example, if you are using scientific data marked with CC0, you are not required to give attribution at all, but we recommend that you give the same credit you would give to any other source—not because the license requires it, but because that is the standard for letting others know the source of the data.

The CC website offers some best practices to help you attribute properly, and the CC Australia team has developed a helpful guide to attributing CC-licensed material (.pdf) in different formats. Note that the attribution and marking requirements vary slightly among license versions. See here for a chart comparing the specific requirements.

Do I need to be aware of anything else when providing attribution?

Yes. You need to be careful not to imply any sponsorship, endorsement, or connection with the licensor or attribution party without their permission. Wrongfully implying that a creator, publisher, or anyone else endorses you or your use of a work may be unlawful. Creative Commons makes the obligation not to imply endorsement explicit in its licenses. In addition, if the licensor of a work requests that you remove the identifying credit, you must do so to the extent practical.

Additionally, when you are using a work that is an adaptation of one or more pre-existing works, you may need to give credit to the creator(s) of the pre-existing work(s), in addition to giving credit to the creator of the adaptation.

Do I always have to attribute the creator of the licensed material?

You must attribute the creator when you provide material to the public by any means that is restricted by copyright or similar rights. If you are using the material personally but are not making it or any adaptations of it available to others, you do not have to attribute the licensor. Similarly, if you are only distributing the material or adaptations of it within your company or organization, you do not have to comply with the attribution requirement. Learn more about when compliance with the license is not required.

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such.

Can I take a CC-licensed work and use it in a different format?

Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.

This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work.

How do I know if a low-resolution photo and a high-resolution photo are the same work?

As with most copyright questions, it will depend on applicable law. Generally, to be different works under copyright law, there must be expressive or original choices made that make one work a separate and distinct work from another. The determination depends on the standards for copyright in the relevant jurisdiction.

Under U.S. copyright law, for example, mechanical reproduction of a work into a different format is unlikely to create a separate, new work. Consequently, digitally enhancing or changing the format of a work absent some originality, such as expressive choices made in the enhancement or encoding, will not likely create a separate work for copyright purposes. The creative bar is low, but it is not non-existent. Accordingly, in some jurisdictions releasing a photograph under a CC license will give the public permission to reuse the photograph in a different resolution.

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

The NoDerivs licenses (BY-ND and BY-NC-ND) prohibit reusers from creating adaptations. What constitutes an adaptation, otherwise known as a derivative work, varies slightly based on the law of the relevant jurisdiction.

Incorporating an unaltered excerpt from an ND-licensed work into a larger work only creates an adaptation if the larger work can be said to be built upon and derived from the work from which the excerpt was taken. Generally, no derivative work is made of the original from which the excerpt was taken when the excerpt is used to illuminate an idea or provide an example in another larger work. Instead, only the reproduction right of the original copyright holder is being exercised by person reusing the excerpt. All CC licenses grant the right to reproduce a CC-licensed work for noncommercial purposes (at a minimum). For example, a person could make copies of one chapter of an ND-licensed book and not be in violation of the license so long as other conditions of the license are met.

There are exceptions to that general rule, however, when the excerpts are combined with other material in a way that creates some new version of the original from which the excerpt is taken. For example, if a portion of a song was used as part of a new song, that may rise to the level of creating an adaptation of the original song, even though only a portion of it was used and even if that portion was used as-is.

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

No. When you receive material under a Creative Commons license, you may not place additional terms and conditions on the reuse of the work. This includes using effective technological measures (ETMs) that would restrict a licensee’s ability to exercise the licensed rights.

A technological measure is considered an ETM if circumventing it carries penalties under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements. Generally, this means that the anti-circumvention laws of various jurisdictions would cover attempts to break it.

For example, if you remix a CC-licensed song, and you wish to share it on a music site that places digital copy-restriction on all uploaded files, you may not do this without express permission from the licensor. However, if you upload that same file to your own site or any other site that does not apply DRM to the file, and a listener chooses to stream it through an app that applies DRM, you have not violated the license.

Note that merely converting material into a different format that is difficult to access or is only available for certain platforms does not violate the restriction; you may do this without violating the license terms.

Can I share CC-licensed material on password-protected sites?

Yes. This is not considered to be a prohibited measure, so long as the protection is merely limiting who may access the content, and does not restrict the authorized recipients from exercising the licensed rights. For example, you may post material under any CC license on a site restricted to members of a certain school, or to paying customers, but you may not place effective technological measures (including DRM) on the files that prevents them from sharing the material elsewhere.

(Note that charging for access may not be permitted with NC-licensed material; however, it is not disallowed by the restriction on ETMs.)

Can I share CC-licensed material on file-sharing networks?

Yes. All CC licenses allow redistribution of the unmodified material by any means, including distribution via file-sharing networks. Note that file-trading is expressly considered to be noncommercial for purposes of compliance with the NC licenses. Barter of NC-licensed material for other items of value is not permitted.

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

If you have received material under a CC license that is encumbered with effective technological measures (such as digital rights management or DRM), you may or may not be permitted to break it, depending on the circumstances. By releasing material under a CC license, the licensor agrees not to assert any rights she may have to prevent the circumvention of effective technological measures. (Under the 3.0 and earlier licenses, this is implied but not explicit.) However, if she has uploaded it to a site or other distribution channel that itself applies such measures, that site may have the right to prevent you from breaking them, even though the licensor herself cannot do so.

Note that anti-circumvention laws can impose criminal liability in some jurisdictions.

What if I have received CC-licensed material with additional restrictions?

It is possible that CC-licensed material will appear on platforms that impose terms in addition to the copyright license (though Creative Commons strongly discourages restrictions that interfere with exercise of the licensed rights). These additional terms do not form part of the license for the work. For example, if you download CC-licensed material from a site that does not permit downloading, you may be breaking the terms of use of the site, but you are not infringing the CC license. See our guide to Modifying the CC licenses for more guidance and information.

Combining and adapting CC material

When is my use considered an adaptation?

Whether a modification of licensed material is considered an adaptation for the purpose of CC licenses depends primarily on the applicable copyright law. Copyright law reserves to an original creator the right to create adaptations of the original work. CC licenses that allow for adaptations to be shared—all except BY-ND and BY-NC-ND—grant permission to others to create and redistribute adaptations when doing so would otherwise constitute a violation of applicable copyright law. Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable, such as a translation of a novel from one language to another, or the creation of a screenplay based on a novel.

Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation, whether or not it would be considered so under applicable law. Also, under version 4.0, certain uses of databases restricted by sui generis database rights also constitute adaptations (called “Adapted Material” in the 4.0 licenses), whether or not they would be considered adaptations under copyright law. For more details about adaptations in the database context, see the Data FAQ.

Note that all CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license.

Note on terminology: throughout these FAQs, we use the term “remix” interchangeably with “adapt.” Both are designed to mean doing something that constitutes an adaptation under copyright law.

Can I combine material under different Creative Commons licenses in my work?

It depends. The first question to ask is whether doing so constitutes an adaptation. If the combination does not create an adaptation, then you may combine any CC-licensed content so long as you provide attribution and comply with the NonCommercial restriction if it applies. If you want to combine material in a way that results in the creation of an adaptation (i.e. a “remix”), then you must pay attention to the particular license that applies to the content you want to combine.

The NoDerivatives licenses do not permit remixing except for private use (the pre-4.0 licenses do not permit remixing at all, except as allowed by exceptions and limitations to copyright). All the other CC licenses allow remixes, but may impose limitations or conditions on how the remix may be used. For example, if you create a remix with material licensed under a ShareAlike license, you need to make sure that all of the material contributed to the remix is licensed under the same license or one that CC has named as compatible, and you must properly credit all of the sources with the required attribution and license information. Similarly, if you want to use a remix for commercial purposes, you cannot incorporate material released under one of the NonCommercial licenses.

The chart below shows which CC-licensed material can be remixed. To use the chart, find a license on the left column and on the top right row. If there is a check mark in the box where that row and column intersect, then the works can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies. See below for details on how remixes may be licensed.

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If you make adaptations of material under a CC license (i.e. “remix”), the original CC license always applies to the material you are adapting even once adapted. The license you may choose for your own contribution (called your “adapter’s license”) depends on which license applies to the original material. Recipients of the adaptation must comply with both the CC license on the original and your adapter’s license.

  • BY and BY-NC material

When remixing BY or BY-NC material, it is generally recommended that your adapter’s license include at least the same license elements as the license applied to the original material. This eases reuse for downstream users because they are able to satisfy both licenses by complying with the adapter’s license. For example, if you adapt material licensed under BY-NC, your adapter’s license should also contain the NC restriction. See the chart below for more details.

  • BY-SA and BY-NC-SA material

In general, when remixing ShareAlike content, your adapter’s license must be the same license as the license on the material you are adapting. All licenses after version 1.0 also allow you to license your contributions under a later version of the same license, and some also allow ported licenses. (See the license versions page for details.) If you wish to adapt material under BY-SA or BY-NC-SA and release your contributions under a non-CC license, you should visit the Compatibility page to see which options are allowed.

  • BY-ND and BY-NC-ND material

The BY-ND and BY-NC-ND licenses do not permit distribution of adaptations (also known as remixes or derivative works), and prohibits the creation of adaptations under the pre-4.0 versions of those licenses. Since you may not share remixes of these materials at all, there is no compatibility with other licenses. (Note that the ND licenses do allow you to reproduce the material in unmodified form together with other material in a collection, as indicated in the next FAQ.)

  • Adapter’s license chart

The chart below details the CC license(s) you may use as your adapter’s license. When creating an adaptation of material under the license identified in the lefthand column, you may license your contributions to the adaptation under one of the licenses indicated on the top row if the corresponding box is green. CC does not recommend using a license if the corresponding box is yellow, although doing so is technically permitted by the terms of the license. If you do, you should take additional care to mark the adaptation as involving multiple copyrights under different terms so that downstream users are aware of their obligations to comply with the licenses from all rights holders. Dark gray boxes indicate those licenses that you may not use as your adapter’s license.

Adapter’s license chart Adapter’s license
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work PD              
BY              
BY-NC              
BY-NC-ND              
BY-NC-SA              
BY-ND              
BY-SA              
Abbreviation Key

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

All Creative Commons licenses (including the version 4.0 licenses) allow licensed material to be included in collections such as anthologies, encyclopedias, and broadcasts. You may choose a license for the collection, however this does not change the license applicable to the original material.

When you include CC-licensed content in a collection, you still must adhere to the license conditions governing your use of the material incorporated. For example, material under any of the Creative Commons NonCommercial licenses cannot be used commercially. The table below indicates what type of CC-licensed works you may incorporate into collections licensed for commercial and noncommercial uses.

Original Work Commercial Collection (BY, BY-SA, BY-ND) NonCommercial Collection (BY-NC, BY-NC-SA, BY-NC-ND)
PD    
BY    
BY-NC    
BY-NC-ND    
BY-NC-SA    
BY-ND    
BY-SA    

License termination

When do Creative Commons licenses expire?

Creative Commons licenses expire when the underlying copyright and similar rights expire.

Note that the relevant rights may expire at different times. For example, you may have a CC-licensed song where the rights in the musical arrangement expire before the rights in the lyrics. In this case, when the copyright in the music expires, you may use it without being required to comply with the conditions of the CC license; however, you must still comply with the license if you use the lyrics.

What happens if the author decides to revoke the CC license to material I am using?

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms. Of course, you may choose to respect the licensor’s wishes and stop using the work.

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

All of the CC licenses terminate if you fail to follow the license conditions. If this happens, you no longer have a license to use the material.

In the 4.0 licenses, your rights under the license are automatically reinstated if you correct this failure within 30 days of discovering the violation (either on your own or because the licensor or someone else has told you). Under the 3.0 and earlier licenses, there is no automatic reinstatement.

If you have lost your rights under a CC license and are not entitled to automatic reinstatement, you may regain your rights under the license if the licensor expressly grants you permission. You cannot simply re-download the material to get a new license.

Note that you may still be liable for damages for copyright infringement for the period where you were not in compliance with the license.

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

The Creative Commons licenses have three layers, as does the CC0 public domain dedication: the human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The Public Domain Mark is not legally operative, and so has only two layers: the human-readable mark and machine-readable metadata.

When material is licensed using any of the CC licenses or tools, it is highly recommended that a CC button, text, or other marker somehow accompany it. There are many possible modes for marking. For our licenses, people generally use the CC license chooser to generate HTML code that can be pasted into the webpage where the licensed material is published. CC0 and the Public Domain Mark have a separate chooser. Many platforms and web services such as Flickr and Drupal support CC licensing directly, allowing you to select an appropriate license. The service then properly marks the work for you.

CC has published some best practices for marking your CC-licensed material, and recommends:

  • Including a visual indicator (some combination of text and images) that the work is licensed with one of the CC licenses.
  • Clearly indicating what material is covered under the CC license, especially if it’s presented alongside non-licensed materials.
  • Including a link to the human-readable deed (which itself contains a link to the legal code).
  • Embedding machine-readable metadata in the code of the license indicator or code of the licensed page.

See the marking page for more details.

What does it mean that Creative Commons licenses are “machine-readable”?

Creative Commons has specified CC REL as a way to associate machine-readable licensing metadata with objects offered under CC licenses.

Before Creative Commons developed this vocabulary, it was difficult for a machine to ascertain whether an object was marked with a CC license. There was also no standard, predictable place to house metadata about that license (for example, the source URL of the work or the required mode of attribution).

Machine-readable metadata based on well-accepted metadata standards creates a platform upon which new services and applications can be built. Software and services can detect CC licenses and the details of that license, as described by the metadata. For example, on many websites and search engines such as Google and Flickr, you can run filtered searches for works offered under specific CC licenses. In addition, CC license deeds can automatically create copy-and-paste attribution code so users may easily comply with the BY condition of the licenses. When you click on a CC license or button from a page with license metadata, you get copy-and-paste attribution HTML within that license deed page. That HTML is based on available RDFa metadata in the original material.

All HTML provided by the CC license chooser is automatically annotated with metadata in RDFa format.

What is RDFa?

RDFa is a method for embedding structured data in a web page. For more information about RDFa, see the following resources:

What is CC REL and why does Creative Commons recommend it?

Creative Commons Rights Expression Language (CC REL) renders information about licenses and works machine-readable through standards that define the semantic web. Creative Commons wants to make it easy for creators and scientists to build upon the works of others when they choose; licensing your work for reuse and finding properly licensed works to reuse should be easy. CC recommends that you mark your licensed works with CC REL. The Creative Commons license chooser provides HTML annotated with CC REL, while the Creative Commons deeds recognize CC REL on web pages with works offered under a CC license, and use this metadata to enhance the deed for properly marked-up works, e.g., by providing copy and paste HTML that includes work attribution.

For more background information on CC REL, please refer to this paper.

What does it mean for a search engine to be CC-enabled?

Some search engines (like Google) allow people to filter their search results by usage rights so that you can limit your search results according to the particular CC license you seek. For example, if you are looking for a photo to adapt, you can filter your search to return photos that have a CC license that permits creation of adaptations. You can generally find this search feature on the advanced search page of your selected search engine. You can also use CC Search, which offers a convenient interface to search and a list of those content providers that support searches for content based on usage rights.

Please note, however, that you should always double check to make sure that the work you locate through a search is licensed as you wish.

How do I give users of my site the option to use CC licensing like Flickr does?

Creative Commons provides tools for integrating license selection with your site. You can find an overview at the Web Integration article on the CC wiki. The Partner Interface is a good way to get started and will always have the most up-to-date license versions and translations. However, there is also an API available if you want more control.

How can I change or remove the Creative Commons search option built into the Firefox browser?

Mozilla has included the Creative Commons search function in many versions of Firefox along with search options for Google, Amazon, and other popular sites. Please take a look at the Firefox article on the CC wiki for an explanation of how to change these features.

If you want to add or remove a particular search option, click on the logo in the search box (for example, the CC logo or the Google logo). This will open the pull down menu, which will allow you to select different search providers. If you choose “Manage Search Engines,” you will be able to add or remove search engines. You can also alter the order in which the search providers appear on the pull down menu.

Is Creative Commons involved in digital rights management (DRM)?

No. CC licenses are a form of rights expression, not rights management. CC provides tools to make it easier for creators and owners to say which rights they reserve and permissions they grant. This is different from digital rights management (or “DRM”), which uses technological protection measures to prevent people from using the work in a way that the owner has not permitted.

CC licenses contain language prohibiting licensees from the use of effective technological measures (including DRM) to prevent access to licensed material: ”You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any such recipient.”

While licensors may apply effective technological measures (ETMs) to their own materials, the licensor provides a limited permission to circumvent these measures: “The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures.” Note that this only applies to effective technological measures applied by licensors themselves: third parties such as distribution platforms may still apply ETMs if the licensor uploads there, and the license is not able to grant you permission to circumvent it.

Copyright law grants exclusive rights to creators of original works of authorship. National laws usually extend protections to such works automatically once fixed in a tangible medium, prohibiting the making of copies without the rights holder’s permission, among other things. On the internet, even the most basic activities involve making copies of copyrighted content. As content is increasingly uploaded, downloaded, and shared online, copyright law is becoming more relevant to more people than it was 20 years ago. Unfortunately, infringing copyrights—even unintentionally or unknowingly—can lead to liability. Successful navigation of the internet requires some understanding of copyright law.

What is the public domain?

The public domain of copyright refers to the aggregate of those works that are not restricted by copyright within a given jurisdiction. A work may be part of the public domain because the applicable term of copyright has expired, because the rights holder surrendered copyright in the work with a tool like CC0, or because the work did not meet the applicable standards for copyrightability.

Because the public domain depends on the copyright laws in force within a particular territory, sometimes a work may be considered “in the public domain” of one jurisdiction, but not in another. For example, U.S. government works are automatically in the public domain under U.S. copyright law, but might be restricted by copyright in other countries.

The Public Domain Manifesto, the University Libraries page, and the CC0 FAQs all contain additional information about the public domain.

Copyright in most jurisdictions attaches automatically without need for any formality once a creative work is fixed in tangible form (i.e. the minute you put pen to paper, take a photo, or hit the “save” button on your computer).

In some jurisdictions, creators may be required to register with a national agency in order to enforce copyright in court. If you would like more information, please consult the Berne Convention or your jurisdiction’s copyright law.

Although you do not have to apply a copyright notice for your work to be protected, it may be a useful tool to clearly signal to people that the work is yours. It also tells the public who to contact about the work.

What is an adaptation?

An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.

In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter’s personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil’s copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction’s copyright law for more information.

What are moral rights?

Copyright laws in many jurisdictions around the world grant creators “moral rights” in addition to the economic or commercial right to exploit their creative works. Moral rights protect the personal and reputational value of a work for its creator. Moral rights differ by country, and can include the right of attribution, the right to have a work published anonymously or pseudonymously, and/or the right to the integrity of the work. The moral right of integrity may provide creators with a source for redress if an adaptation represents derogatory treatment of their work, typically defined as “distortion or mutilation” of the work or treatment that is “prejudicial to the honor, or reputation of the author.” Not all jurisdictions provide for moral rights.

The CC licenses are intended to minimize the effect of moral rights on a licensee’s ability to use licensed material; however, in some jurisdictions, these rights may still have an effect. CC offers some additional information on how CC licenses may affect your moral rights.

What are neighboring rights?

Copyright provides an incentive to create works by providing exclusive rights to creators. However, the distribution or exploitation of a work often involves more than just the creator. For example, if someone writes a song, someone else may perform the song, and another may produce the recording of the song. Some jurisdictions extend copyright to the contributions made by these persons; other jurisdictions extend such exclusive rights in the form of neighboring rights. Neighboring rights may include performers’ rights or broadcasters’ rights, among others. The Rome Convention sets forth some guidelines on the scope of neighboring rights. Not all jurisdictions recognize neighboring rights.

What are sui generis database rights?

Sui generis database rights grant qualifying database makers the right to prohibit the extraction and reuse of a substantial portion of a database. The rights are granted to database makers that make a substantial investment of time and resources to create the database. Sui generis database rights are primarily enacted within the European Union and a handful of other jurisdictions.

What are collecting societies?

Collecting societies are copyright management organizations. Some examples of collecting societies include ASCAP and BMI (United States), BUMA/STEMRA (Netherlands), PRS (United Kingdom), and APRA (Australia). These societies license works on behalf of their owners and process royalty payments from parties using the copyrighted works.

CC offers additional information on how collecting societies might affect your rights and your ability to apply CC licenses to your work. CC has several pilots underway with collecting societies that have chosen to allow their members to use CC licenses on a limited basis.

What are publicity, personality, and privacy rights?

These terms are used differently in different jurisdictions. Generally speaking, these rights allow individuals to control the use of their voice, image, likeness, or other identifiable aspect of their identity, especially for purposes of commercial exploitation. Similarly, in some jurisdictions these rights allow people to restrict others’ ability to publish information about them without their permission. Whether and to what extent these rights exist, and if so, how they are labeled, varies depending on the jurisdiction.

Creative Commons licenses have a limited effect on these rights where the licensor holds them. Where the licensor has publicity, personality, or privacy rights that may affect your ability to use the material as the license intends, the licensor agrees to waive or not assert those rights. However, any such rights not held by the licensor are not affected and may still affect your desired use of a licensed work. If you have created a work or wish to use a work that might in some way implicate these rights, you may need to obtain permission from the individuals whose rights may be affected.

Data

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

: Uses of CC Licenses with Data and Databases : Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker’s investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [marking page]https://wiki.creativecommons.org/wiki/Marking_your_work_with_a_CC_license “wikilink”) for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights–but not copyright–are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.1 These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker’s substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Artificial intelligence and CC licenses

What are the limits on how CC-licensed works can be used in the development of new technologies, such as training of artificial intelligence software?

The licenses grant permission for reuse in any situation that requires permission under copyright. There are many ways in which CC-licensed work works and even all rights reserved works can be reused without permission. This includes uses that are fair uses, for example.

If someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected. This is one of the enduring qualities of our licenses — they have been carefully designed to work with all new technologies where copyright comes into play. No special or explicit permission regarding new technologies from a copyright perspective is required.

But what about privacy laws, rules governing ethical research, and data protection laws?

CC’s copyright licenses are not universal policy tools. Copyright is the primary obstacle to reuse that our licenses solve, but there are many other issues related to the reuse of content that our licenses do not address and that reusers should be aware of. These can include privacy and rules governing ethical research and the collection or use of data, which have to be addressed and respected separate and apart from the copyright issues that CC licenses cover.

What attribution obligations exist when CC-licensed images are included in a published dataset? Is linking to the original image or URI required, and if so, is it adequate?

It depends. First, keep in mind that CC licenses never limit uses that copyright doesn’t control. For example, as a general matter text and data mining in the United States is considered a fair use and does not require permission under copyright. This means that reusers engaged in text and data mining do not have to adhere to the marking and attribution requirements in our licenses for that activity even though we strongly recommend they do so anyway. A second example is linking. In some countries, linking to copyrighted content doesn’t require permission under copyright law, which means the CC license obligations do not come into play even though the linked content is CC-licensed.

Where a CC-licensed work is distributed as part of a database or dataset, and assuming copyright (or in the European Union, copyright or sui generis database rights) is triggered, then the license conditions must be respected. This means providing the required attribution information in a way that is reasonable under the circumstances. Our licenses allow for some flexibility, and in some cases that may be as simple as providing a link to the website where the relevant attribution information is provided. Visit our marking practices page for more information.

If a for-profit company uses CC-licensed content under a Non Commercial license and releases the work under terms that allow only research purposes, is the NC restriction violated?

This depends on whether any of the uses made of the works by the company, whether for profit or non profit, are primarily intended for commercial advantage or monetary compensation. This is hard to know without having all of the facts about how a work was used, whether internally by the company for its own purposes or how the work was distributed for further use. Visit our NC page for more information about what constitutes commercial and non commercial uses of works.

If NC-licensed content is redistributed to the public under an NC license, that distribution would not violate the NC clause. (Note that CC strongly discourages the use of any license terms other than a CC NC license for redistributions of NC-licensed content.)

If CC SA-licensed content is included in a database, does the entire database have to be licensed under an SA license?

CC licenses never require a reuser of a CC-licensed work to make the original work or resulting works (collections, derivatives, etc.) publicly available. There are lots of private reuses of works that are permitted by CC’s licenses that do not require compliance with their terms. Regarding ShareAlike, the condition only applies if a work is modified and if the work is shared publicly. In the situation where a reuser created a dataset of photos and made it publicly available, and assuming copyright permission is required, then what is released is likely a collection or compilation of pre-existing works. CC licenses do not require the collection or the compilation itself to be made available under an SA license, even though each individual work is still licensed individually under an SA license and if they were modified by the distributor the modified photo would need to be licensed under the same terms. For example, were Creative Commons to compile photographs from a photo sharing website under a BY-SA 2.0 license and create a database that it then publicly distributed, CC could license the collection as a whole under a BY license, but the photographs would continue to be licensed under BY-SA 2.0.

What, if any, remedies, do users have if they dislike how their photos or images have been reused?

Several remedies are potentially available. Some may be available if the CC license terms have been violated, and others may be available through other, separate avenues because they involve other laws or regulations that the CC licenses do not cover. It’s important to remember, however, that absent a violation of the license the permissions granted under the license remain in place and cannot be revoked.

  • Under the CC licenses, even if a license condition has not been violated licensors can ask that attribution to them be removed so they can distance themselves from the reuse.
  • For violations of a CC license term where the license was required (not a fair use, etc.) then you may have a claim for copyright infringement. Fortunately, in the CC community most license violations are handled amicably without resorting to the courts.
  • For claims involving laws and regulations other than copyright, recourse may be available depending on your local laws.

An important starting point for any would-be sharer of content under a CC license is to educate yourself in advance about how they work and what rights they do and do not cover. We have many FAQs on our website. We also provide human-readable deeds with links to the full text of our licenses. Additionally, all of our licenses highlight at the beginning many considerations that licensors should have in mind before they license, and considerations for reusers of works before they do so in order to avoid inadvertent violations.

Notes

  1. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).↩

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You are free to:

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  • The licensor cannot revoke these freedoms as long as you follow the license terms.

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  • ShareAlike — If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.

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Notices:

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Frequently Asked Questions

2019-04-02 14:07:11 UTC

These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information.

  • Other CC FAQs: CC0 Public Domain Dedication and Public Domain Mark.
  • “Licensor”, “rights holder”, “owner”, and “creator” may be used interchangeably to refer to the person or entity applying a CC license.
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What is Creative Commons and what do you do?

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For version 3.0 and earlier, Creative Commons has also offered ported versions of its six core licenses for many jurisdictions (which usually correspond to countries, but not always). These ported licenses are based on the international license suite but have been modified to reflect local nuances in the expression of legal terms and conditions, drafting protocols, and language. The ported licenses and the international licenses are all intended to be legally effective everywhere. CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

Can governments and intergovernmental organizations (“IGOs”) use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors’ overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the “machine readable” layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]”; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you’re uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC’s Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC’s legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC’s Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and running pilot programs that allow creators to use CC licenses in some circumstances.

If you are already a member of a collecting society and want to use CC licenses, you are welcome to encourage your collecting society to give you the option of Creative Commons licensing.

Can I still make money from a work I make available under a Creative Commons license?

Yes. One of our goals is to encourage creators and rights holders to experiment with new ways to promote and market their work. There are several possible ways of doing this.

CC’s NonCommercial (NC) licenses allow rights holders to maximize distribution while maintaining control of the commercialization of their works. If you want to reserve the right to commercialize your work, you may do this by choosing a license with the NC condition. If someone else wants to use your work commercially and you have applied an NC license to your work, they must first get your permission. As the rights holder, you may still sell your own work commercially.

You may also use funding models that do not depend on using an NC license. For example, many artists and creators use crowdfunding to fund their work before releasing it under a less restrictive license. Others use a “freemium” model where the basic content is free, but extras such as a physical printed version or special access to a members-only website are for paying customers only.

For more information and ideas, The Power of Open presents case studies of artists, businesspeople, and organizations who use CC.

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

No. CC licenses allow for flexibility in the way credit is provided depending on the medium, means, and context in which a licensee is redistributing licensed material. For example, providing attribution to the creator when using licensed material in a blog post may be different than doing so in a video remix. This flexibility facilitates compliance by licensees and reduces uncertainty about different types of reuse—minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded.

Can I change the license terms or conditions?

Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons” or “CC” license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials. Keep in mind that altering terms and conditions is distinct from waiving existing conditions or granting additional permissions than those in the licenses. Licensors may always do so, and many choose to do so using the CC+ protocol to readily signal the waiver or additional permission on the CC license deed.

CC does not assert copyright in the text of its licenses, so you are permitted to modify the text as long as you do not use the CC marks to describe it. However, we do not recommend this. We also advise against modifying our licenses through indirect means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other material. This would prevent licensees from using, combining, or remixing content under your customized license with other content under the same or compatible CC licenses.

Modifying licenses creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.

Can I waive license terms or conditions?

Yes. You may always choose to waive some license terms or conditions. Material licensed under a CC license but with additional permissions granted or conditions waived may be compatibly licensed with other material under the same license. Our CC+ protocol provides a mechanism for facilitating that grant or waiver.

Can I enter into separate or supplemental agreements with users of my work?

Yes. CC licenses are nonexclusive. Licensors always have the option of entering into separate arrangements for the sharing of their material in addition to applying a CC license. However, those different arrangements are not “CC” or “Creative Commons” licenses.

Separate agreements: You may offer the licensed material under other licenses in addition to the CC license (a practice commonly referred to as “dual licensing”). For example, you may wish to license a video game soundtrack under both a CC license and the GPL, so that it may be used under either set of terms. A reuser may then choose which set of terms to comply with. Or, for example, you may offer your material to the public under a NonCommercial license, but offer commercial permissions to fee-paying customers.

Supplemental agreements: Problems arise when licensors design those terms or arrangements to serve not as separate, alternative licensing arrangements but as supplemental terms having the effect of changing the standard terms within the CC license. While you may offer separate terms and conditions to other parties, you should not do so in such a way that would neutralize terms of the CC license.

Except in the limited situation where more permissions are being granted or license conditions are waived, if the additional arrangement modifies or conflicts with the CC license terms, then the resulting licensing arrangement is no longer a CC licensing arrangement. To avoid confusing those who may mistakenly believe the work is licensed under standard CC terms, we must insist that in these instances licensors not use our trademarks, names, and logos in connection with their custom licensing arrangement.

It should be noted that any agreements you make with other parties only have an effect on the other parties to that agreement, and do not apply to anyone else receiving the licensed material. For example, if there are terms of use that apply to visitors to your website on which you host CC-licensed material, your terms of use may apply to visitors to that website, but not to anyone who receives copies of the CC-licensed material elsewhere. Even for the visitors to your website, any separate terms and conditions do not become part of the license—they remain a separate contractual agreement, and violation of this agreement does not constitute copyright infringement.

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

A CC license terminates automatically when its conditions are violated. For example, if a reuser of CC-licensed material does not provide the attribution required when sharing the work, then the user no longer has the right to continue using the material and may be liable for copyright infringement. The license is terminated for the user who violated the license. However, all other users still have a valid license, so long as they are in compliance.

Under the 4.0 licenses, a licensee automatically gets these rights back if she fixes the violation within 30 days of discovering it.

If you apply a Creative Commons license and a user violates the license conditions, you may opt to contact the person directly to ask them to rectify the situation or consult a lawyer to act on your behalf. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

As long as users abide by license terms and conditions, licensors cannot control how the material is used. However, CC licenses do provide several mechanisms that allow licensors to choose not to be associated with their material or to uses of their material with which they disagree.

First, all CC licenses prohibit using the attribution requirement to suggest that the licensor endorses or supports a particular use. Second, licensors may waive the attribution requirement, choosing not to be identified as the licensor, if they wish. Third, if the licensor does not like how the material has been modified or used, CC licenses require that the licensee remove the attribution information upon request. (In 3.0 and earlier, this is only a requirement for adaptations and collections; in 4.0, this also applies to the unmodified work.) Finally, anyone modifying licensed material must indicate that the original has been modified. This ensures that changes made to the original material–whether or not the licensor approves of them–are not attributed back to the licensor.

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

The use of any effective technical protection measures (such as digital rights management or “DRM”) by licensees to prevent others from exercising the licensed rights is prohibited.

Not all kinds of encryption or access limitations are prohibited by the licenses. For example, sending content via email and encrypting it with the recipient’s public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a particular set of users (for example, by requiring a username and password to enter a site) does not restrict further use of the content by the recipients. In these examples, these things do not prevent the recipient from exercising all of the rights granted by the license, including the right to redistribute it further.

If someone is applying effective technological measures to your CC-licensed material that do restrict exercise of the licensed rights (such as applying DRM that restricts copying), this is a violation of the license terms unless you have chosen to grant this permission separately.

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

No. CC licenses grant permission to use the licensed material in any media or format regardless of the format in which it has been made available. This is true even if you have applied a NoDerivatives license to your work. Once a CC license is applied to a work in one format or medium, a licensee may use the same work in any other format or medium without violating the licensor’s copyright.

What if I change my mind about using a CC license?

CC licenses are not revocable. Once something has been published under a CC license, licensees may continue using it according to the license terms for the duration of applicable copyright and similar rights. As a licensor, you may stop distributing under the CC license at any time, but anyone who has access to a copy of the material may continue to redistribute it under the CC license terms. While you cannot revoke the license, CC licenses do provide a mechanism for licensors to ask that others using their material remove the attribution information. You should think carefully before choosing a Creative Commons license.

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

CC offers six core licenses, each of which grants a different set of permissions. Before you use CC-licensed material, you should review the terms of the particular license to be sure your anticipated use is permitted. If you wish to use the work in a manner that is not permitted by the license, you should contact the rights holder (often the creator) to get permission first, or look for an alternative work that is licensed in a way that permits your anticipated use. Note that if you use material in a way that is not permitted by the applicable license and your use is not otherwise permitted by an applicable copyright exception or limitation, the license is automatically terminated and you may be liable for copyright infringement, even if you are eligible to have your rights reinstated later.

Before using material offered under a Creative Commons license, you should know that CC licenses only grant permissions needed under copyright and similar rights, and there may be additional rights you need to use it as intended. You should also understand that licensors do not offer warranties or guarantees about the material they are licensing unless expressly indicated otherwise. All materials are licensed “AS IS” and a disclaimer of warranties applies unless expressly provided otherwise. If you want to ask for a warranty or guarantee about rights to use the material, you should talk with the licensor before using it.

Does a Creative Commons license give me all the rights I need to use the work?

It depends. CC licenses do not license rights other than copyright and similar rights (which include sui generis database rights in version 4.0). For example, they do not license trademark or patent rights, or the publicity, personality, and privacy rights of third parties. However, licensors agree to waive or not assert any moral rights, publicity rights, personality rights, or privacy rights they themselves hold, to the limited extent necessary to allow exercise of the licensed rights. Any rights outside of the scope of the license may require clearance (i.e., permission) in order to use the work as you would like.

Additionally, creative works sometimes incorporate works owned by others (known as “third party content”), often used pursuant to a CC license or under an exception or limitation to copyright such as fair use in the U.S. You should make sure you have permission to use any third party content contained in the work you want to use, or that your use is otherwise allowed under the laws of your jurisdiction, particularly in cases such as fair use where your right to use the content depends on the particular context in which you plan to use it.

All CC licenses contain a disclaimer of warranties, meaning that the licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work. You may wish to obtain legal advice before using CC-licensed material if you are not sure whether you have all the rights you need.

What if there are sui generis database rights that apply to my use of a CC-licensed database?

In the somewhat limited circumstances where sui generis database rights apply to your use, special conditions apply and there are more specific considerations you should be aware of. Under 4.0, sui generis database rights are licensed alongside copyright, but the treatment in earlier versions of the license varies. A fuller explanation of these variations and related considerations is available in the Data FAQ.

Where can I find material offered under a CC license?

If you are looking for material offered under a Creative Commons license, CC Search is a good starting point. There is also a directory of organizations and individuals who use CC licenses. Some media sites, such as Flickr, have search filters for material licensed using CC’s licenses.

Be sure to confirm that the material you want to use is actually under a CC license, as search results may sometimes be misleading.

Are Creative Commons works really free to use?

Yes. While many if not most CC-licensed works are available at no cost, some licensors charge for initial access to CC-licensed works—for example, by publishing CC-licensed content only to subscribers, or by charging for downloads. However, even if you have paid an access charge, once you have a copy of CC-licensed material, you may make any further uses permitted by the license without paying licensing fees.

(If you wish to make uses that are not permitted by the license—for example, making a commercial use of an NC-licensed photo—the licensor may charge for those additional rights.)

What should I know about differences between the international licenses and the ported licenses?

As a licensee, you should always read and understand the relevant license’s legal code before using CC-licensed material, particularly if you are using material that is licensed using a ported license with which you are unfamiliar. Our porting process involved adapting the international licenses to the legal framework of different jurisdictions, and in that process slight adjustments may have been made that you should make yourself aware of in advance of using the material. You can find more information about the ported licenses in the Jurisdiction Database.

There are currently no ported versions of 4.0, and we expect there will be few, if any, in the future. All official translations of the 4.0 international licenses are equivalent: you may substitute one for another depending on your preferred language.

However, the ported versions of 3.0 and earlier sometimes contain small differences from the international license depending on the ways in which they have been adapted to their jurisdictions. For example, a handful of the ported licenses contain provisions specifying which laws will apply in the event the licensor chooses to enforce the license, and a few of the ported licenses contain forum selection clauses.

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Contact the rights holders to ask for permission. Otherwise, unless an exception or limitation to copyright applies, your use of the material may violate the Creative Commons license. If you violate the terms of the license, your rights to use the material will be automatically terminated, and you may be liable for copyright infringement.

Do I always have to comply with the license terms? If not, what are the exceptions?

You need to comply with the license terms if what you are doing would otherwise require permission from the rights holder. If your use would not require permission from the rights holder because it falls under an exception or limitation, such as fair use, or because the material has come into the public domain, the license does not apply, and you do not need to comply with its terms and conditions. Additionally, if you are using an excerpt small enough to be uncopyrightable, the license does not apply to your use, and you do not need to comply with its terms.

However, if you are using excerpts of CC-licensed material which individually are minimal and do not require license compliance, but together make up a significant copyrightable chunk, you must comply with the license terms. For example, if you quote many individual lines from a poem across several sections of a blog post, and your use is not a fair use, you must comply with the license even though no individual line would have been a substantial enough portion of the work to require this.

Attribution

How do I properly attribute material offered under a Creative Commons license?

All CC licenses require users to attribute the creator of licensed material, unless the creator has waived that requirement, not supplied a name, or asked that her name be removed. Additionally, you must retain a copyright notice, a link to the license (or to the deed), a license notice, a notice about the disclaimer of warranties, and a URI if reasonable. For versions prior to 4.0, you must also provide the title of the work. (Though it is not a requirement in 4.0, it is still recommended if one is supplied.)

You must also indicate if you have modified the work—for example, if you have taken an excerpt, or cropped a photo. (For versions prior to 4.0, this is only required if you have created an adaptation by contributing your own creative material, but it is recommended even when not required.) It is not necessary to note trivial alterations, such as correcting a typo or changing a font size. Finally, you must retain an indication of previous modifications to the work.

CC licenses have a flexible attribution requirement, so there is not necessarily one correct way to provide attribution. The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner. Additionally, you may satisfy the attribution requirement by providing a link to a place where the attribution information may be found.

While the attribution requirements in the license are the minimum requirement, we always recommend that you follow the best practices for the kind of use you are making. For example, if you are using scientific data marked with CC0, you are not required to give attribution at all, but we recommend that you give the same credit you would give to any other source—not because the license requires it, but because that is the standard for letting others know the source of the data.

The CC website offers some best practices to help you attribute properly, and the CC Australia team has developed a helpful guide to attributing CC-licensed material (.pdf) in different formats. Note that the attribution and marking requirements vary slightly among license versions. See here for a chart comparing the specific requirements.

Do I need to be aware of anything else when providing attribution?

Yes. You need to be careful not to imply any sponsorship, endorsement, or connection with the licensor or attribution party without their permission. Wrongfully implying that a creator, publisher, or anyone else endorses you or your use of a work may be unlawful. Creative Commons makes the obligation not to imply endorsement explicit in its licenses. In addition, if the licensor of a work requests that you remove the identifying credit, you must do so to the extent practical.

Additionally, when you are using a work that is an adaptation of one or more pre-existing works, you may need to give credit to the creator(s) of the pre-existing work(s), in addition to giving credit to the creator of the adaptation.

Do I always have to attribute the creator of the licensed material?

You must attribute the creator when you provide material to the public by any means that is restricted by copyright or similar rights. If you are using the material personally but are not making it or any adaptations of it available to others, you do not have to attribute the licensor. Similarly, if you are only distributing the material or adaptations of it within your company or organization, you do not have to comply with the attribution requirement. Learn more about when compliance with the license is not required.

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such.

Can I take a CC-licensed work and use it in a different format?

Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.

This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work.

How do I know if a low-resolution photo and a high-resolution photo are the same work?

As with most copyright questions, it will depend on applicable law. Generally, to be different works under copyright law, there must be expressive or original choices made that make one work a separate and distinct work from another. The determination depends on the standards for copyright in the relevant jurisdiction.

Under U.S. copyright law, for example, mechanical reproduction of a work into a different format is unlikely to create a separate, new work. Consequently, digitally enhancing or changing the format of a work absent some originality, such as expressive choices made in the enhancement or encoding, will not likely create a separate work for copyright purposes. The creative bar is low, but it is not non-existent. Accordingly, in some jurisdictions releasing a photograph under a CC license will give the public permission to reuse the photograph in a different resolution.

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

The NoDerivs licenses (BY-ND and BY-NC-ND) prohibit reusers from creating adaptations. What constitutes an adaptation, otherwise known as a derivative work, varies slightly based on the law of the relevant jurisdiction.

Incorporating an unaltered excerpt from an ND-licensed work into a larger work only creates an adaptation if the larger work can be said to be built upon and derived from the work from which the excerpt was taken. Generally, no derivative work is made of the original from which the excerpt was taken when the excerpt is used to illuminate an idea or provide an example in another larger work. Instead, only the reproduction right of the original copyright holder is being exercised by person reusing the excerpt. All CC licenses grant the right to reproduce a CC-licensed work for noncommercial purposes (at a minimum). For example, a person could make copies of one chapter of an ND-licensed book and not be in violation of the license so long as other conditions of the license are met.

There are exceptions to that general rule, however, when the excerpts are combined with other material in a way that creates some new version of the original from which the excerpt is taken. For example, if a portion of a song was used as part of a new song, that may rise to the level of creating an adaptation of the original song, even though only a portion of it was used and even if that portion was used as-is.

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

No. When you receive material under a Creative Commons license, you may not place additional terms and conditions on the reuse of the work. This includes using effective technological measures (ETMs) that would restrict a licensee’s ability to exercise the licensed rights.

A technological measure is considered an ETM if circumventing it carries penalties under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements. Generally, this means that the anti-circumvention laws of various jurisdictions would cover attempts to break it.

For example, if you remix a CC-licensed song, and you wish to share it on a music site that places digital copy-restriction on all uploaded files, you may not do this without express permission from the licensor. However, if you upload that same file to your own site or any other site that does not apply DRM to the file, and a listener chooses to stream it through an app that applies DRM, you have not violated the license.

Note that merely converting material into a different format that is difficult to access or is only available for certain platforms does not violate the restriction; you may do this without violating the license terms.

Can I share CC-licensed material on password-protected sites?

Yes. This is not considered to be a prohibited measure, so long as the protection is merely limiting who may access the content, and does not restrict the authorized recipients from exercising the licensed rights. For example, you may post material under any CC license on a site restricted to members of a certain school, or to paying customers, but you may not place effective technological measures (including DRM) on the files that prevents them from sharing the material elsewhere.

(Note that charging for access may not be permitted with NC-licensed material; however, it is not disallowed by the restriction on ETMs.)

Can I share CC-licensed material on file-sharing networks?

Yes. All CC licenses allow redistribution of the unmodified material by any means, including distribution via file-sharing networks. Note that file-trading is expressly considered to be noncommercial for purposes of compliance with the NC licenses. Barter of NC-licensed material for other items of value is not permitted.

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

If you have received material under a CC license that is encumbered with effective technological measures (such as digital rights management or DRM), you may or may not be permitted to break it, depending on the circumstances. By releasing material under a CC license, the licensor agrees not to assert any rights she may have to prevent the circumvention of effective technological measures. (Under the 3.0 and earlier licenses, this is implied but not explicit.) However, if she has uploaded it to a site or other distribution channel that itself applies such measures, that site may have the right to prevent you from breaking them, even though the licensor herself cannot do so.

Note that anti-circumvention laws can impose criminal liability in some jurisdictions.

What if I have received CC-licensed material with additional restrictions?

It is possible that CC-licensed material will appear on platforms that impose terms in addition to the copyright license (though Creative Commons strongly discourages restrictions that interfere with exercise of the licensed rights). These additional terms do not form part of the license for the work. For example, if you download CC-licensed material from a site that does not permit downloading, you may be breaking the terms of use of the site, but you are not infringing the CC license. See our guide to Modifying the CC licenses for more guidance and information.

Combining and adapting CC material

When is my use considered an adaptation?

Whether a modification of licensed material is considered an adaptation for the purpose of CC licenses depends primarily on the applicable copyright law. Copyright law reserves to an original creator the right to create adaptations of the original work. CC licenses that allow for adaptations to be shared—all except BY-ND and BY-NC-ND—grant permission to others to create and redistribute adaptations when doing so would otherwise constitute a violation of applicable copyright law. Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable, such as a translation of a novel from one language to another, or the creation of a screenplay based on a novel.

Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation, whether or not it would be considered so under applicable law. Also, under version 4.0, certain uses of databases restricted by sui generis database rights also constitute adaptations (called “Adapted Material” in the 4.0 licenses), whether or not they would be considered adaptations under copyright law. For more details about adaptations in the database context, see the Data FAQ.

Note that all CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license.

Note on terminology: throughout these FAQs, we use the term “remix” interchangeably with “adapt.” Both are designed to mean doing something that constitutes an adaptation under copyright law.

Can I combine material under different Creative Commons licenses in my work?

It depends. The first question to ask is whether doing so constitutes an adaptation. If the combination does not create an adaptation, then you may combine any CC-licensed content so long as you provide attribution and comply with the NonCommercial restriction if it applies. If you want to combine material in a way that results in the creation of an adaptation (i.e. a “remix”), then you must pay attention to the particular license that applies to the content you want to combine.

The NoDerivatives licenses do not permit remixing except for private use (the pre-4.0 licenses do not permit remixing at all, except as allowed by exceptions and limitations to copyright). All the other CC licenses allow remixes, but may impose limitations or conditions on how the remix may be used. For example, if you create a remix with material licensed under a ShareAlike license, you need to make sure that all of the material contributed to the remix is licensed under the same license or one that CC has named as compatible, and you must properly credit all of the sources with the required attribution and license information. Similarly, if you want to use a remix for commercial purposes, you cannot incorporate material released under one of the NonCommercial licenses.

The chart below shows which CC-licensed material can be remixed. To use the chart, find a license on the left column and on the top right row. If there is a check mark in the box where that row and column intersect, then the works can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies. See below for details on how remixes may be licensed.

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If you make adaptations of material under a CC license (i.e. “remix”), the original CC license always applies to the material you are adapting even once adapted. The license you may choose for your own contribution (called your “adapter’s license”) depends on which license applies to the original material. Recipients of the adaptation must comply with both the CC license on the original and your adapter’s license.

  • BY and BY-NC material

When remixing BY or BY-NC material, it is generally recommended that your adapter’s license include at least the same license elements as the license applied to the original material. This eases reuse for downstream users because they are able to satisfy both licenses by complying with the adapter’s license. For example, if you adapt material licensed under BY-NC, your adapter’s license should also contain the NC restriction. See the chart below for more details.

  • BY-SA and BY-NC-SA material

In general, when remixing ShareAlike content, your adapter’s license must be the same license as the license on the material you are adapting. All licenses after version 1.0 also allow you to license your contributions under a later version of the same license, and some also allow ported licenses. (See the license versions page for details.) If you wish to adapt material under BY-SA or BY-NC-SA and release your contributions under a non-CC license, you should visit the Compatibility page to see which options are allowed.

  • BY-ND and BY-NC-ND material

The BY-ND and BY-NC-ND licenses do not permit distribution of adaptations (also known as remixes or derivative works), and prohibits the creation of adaptations under the pre-4.0 versions of those licenses. Since you may not share remixes of these materials at all, there is no compatibility with other licenses. (Note that the ND licenses do allow you to reproduce the material in unmodified form together with other material in a collection, as indicated in the next FAQ.)

  • Adapter’s license chart

The chart below details the CC license(s) you may use as your adapter’s license. When creating an adaptation of material under the license identified in the lefthand column, you may license your contributions to the adaptation under one of the licenses indicated on the top row if the corresponding box is green. CC does not recommend using a license if the corresponding box is yellow, although doing so is technically permitted by the terms of the license. If you do, you should take additional care to mark the adaptation as involving multiple copyrights under different terms so that downstream users are aware of their obligations to comply with the licenses from all rights holders. Dark gray boxes indicate those licenses that you may not use as your adapter’s license.

Adapter’s license chart Adapter’s license
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work PD              
BY              
BY-NC              
BY-NC-ND              
BY-NC-SA              
BY-ND              
BY-SA              
Abbreviation Key

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

All Creative Commons licenses (including the version 4.0 licenses) allow licensed material to be included in collections such as anthologies, encyclopedias, and broadcasts. You may choose a license for the collection, however this does not change the license applicable to the original material.

When you include CC-licensed content in a collection, you still must adhere to the license conditions governing your use of the material incorporated. For example, material under any of the Creative Commons NonCommercial licenses cannot be used commercially. The table below indicates what type of CC-licensed works you may incorporate into collections licensed for commercial and noncommercial uses.

Original Work Commercial Collection (BY, BY-SA, BY-ND) NonCommercial Collection (BY-NC, BY-NC-SA, BY-NC-ND)
PD    
BY    
BY-NC    
BY-NC-ND    
BY-NC-SA    
BY-ND    
BY-SA    

License termination

When do Creative Commons licenses expire?

Creative Commons licenses expire when the underlying copyright and similar rights expire.

Note that the relevant rights may expire at different times. For example, you may have a CC-licensed song where the rights in the musical arrangement expire before the rights in the lyrics. In this case, when the copyright in the music expires, you may use it without being required to comply with the conditions of the CC license; however, you must still comply with the license if you use the lyrics.

What happens if the author decides to revoke the CC license to material I am using?

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms. Of course, you may choose to respect the licensor’s wishes and stop using the work.

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

All of the CC licenses terminate if you fail to follow the license conditions. If this happens, you no longer have a license to use the material.

In the 4.0 licenses, your rights under the license are automatically reinstated if you correct this failure within 30 days of discovering the violation (either on your own or because the licensor or someone else has told you). Under the 3.0 and earlier licenses, there is no automatic reinstatement.

If you have lost your rights under a CC license and are not entitled to automatic reinstatement, you may regain your rights under the license if the licensor expressly grants you permission. You cannot simply re-download the material to get a new license.

Note that you may still be liable for damages for copyright infringement for the period where you were not in compliance with the license.

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

The Creative Commons licenses have three layers, as does the CC0 public domain dedication: the human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The Public Domain Mark is not legally operative, and so has only two layers: the human-readable mark and machine-readable metadata.

When material is licensed using any of the CC licenses or tools, it is highly recommended that a CC button, text, or other marker somehow accompany it. There are many possible modes for marking. For our licenses, people generally use the CC license chooser to generate HTML code that can be pasted into the webpage where the licensed material is published. CC0 and the Public Domain Mark have a separate chooser. Many platforms and web services such as Flickr and Drupal support CC licensing directly, allowing you to select an appropriate license. The service then properly marks the work for you.

CC has published some best practices for marking your CC-licensed material, and recommends:

  • Including a visual indicator (some combination of text and images) that the work is licensed with one of the CC licenses.
  • Clearly indicating what material is covered under the CC license, especially if it’s presented alongside non-licensed materials.
  • Including a link to the human-readable deed (which itself contains a link to the legal code).
  • Embedding machine-readable metadata in the code of the license indicator or code of the licensed page.

See the marking page for more details.

What does it mean that Creative Commons licenses are “machine-readable”?

Creative Commons has specified CC REL as a way to associate machine-readable licensing metadata with objects offered under CC licenses.

Before Creative Commons developed this vocabulary, it was difficult for a machine to ascertain whether an object was marked with a CC license. There was also no standard, predictable place to house metadata about that license (for example, the source URL of the work or the required mode of attribution).

Machine-readable metadata based on well-accepted metadata standards creates a platform upon which new services and applications can be built. Software and services can detect CC licenses and the details of that license, as described by the metadata. For example, on many websites and search engines such as Google and Flickr, you can run filtered searches for works offered under specific CC licenses. In addition, CC license deeds can automatically create copy-and-paste attribution code so users may easily comply with the BY condition of the licenses. When you click on a CC license or button from a page with license metadata, you get copy-and-paste attribution HTML within that license deed page. That HTML is based on available RDFa metadata in the original material.

All HTML provided by the CC license chooser is automatically annotated with metadata in RDFa format.

What is RDFa?

RDFa is a method for embedding structured data in a web page. For more information about RDFa, see the following resources:

What is CC REL and why does Creative Commons recommend it?

Creative Commons Rights Expression Language (CC REL) renders information about licenses and works machine-readable through standards that define the semantic web. Creative Commons wants to make it easy for creators and scientists to build upon the works of others when they choose; licensing your work for reuse and finding properly licensed works to reuse should be easy. CC recommends that you mark your licensed works with CC REL. The Creative Commons license chooser provides HTML annotated with CC REL, while the Creative Commons deeds recognize CC REL on web pages with works offered under a CC license, and use this metadata to enhance the deed for properly marked-up works, e.g., by providing copy and paste HTML that includes work attribution.

For more background information on CC REL, please refer to this paper.

What does it mean for a search engine to be CC-enabled?

Some search engines (like Google) allow people to filter their search results by usage rights so that you can limit your search results according to the particular CC license you seek. For example, if you are looking for a photo to adapt, you can filter your search to return photos that have a CC license that permits creation of adaptations. You can generally find this search feature on the advanced search page of your selected search engine. You can also use CC Search, which offers a convenient interface to search and a list of those content providers that support searches for content based on usage rights.

Please note, however, that you should always double check to make sure that the work you locate through a search is licensed as you wish.

How do I give users of my site the option to use CC licensing like Flickr does?

Creative Commons provides tools for integrating license selection with your site. You can find an overview at the Web Integration article on the CC wiki. The Partner Interface is a good way to get started and will always have the most up-to-date license versions and translations. However, there is also an API available if you want more control.

How can I change or remove the Creative Commons search option built into the Firefox browser?

Mozilla has included the Creative Commons search function in many versions of Firefox along with search options for Google, Amazon, and other popular sites. Please take a look at the Firefox article on the CC wiki for an explanation of how to change these features.

If you want to add or remove a particular search option, click on the logo in the search box (for example, the CC logo or the Google logo). This will open the pull down menu, which will allow you to select different search providers. If you choose “Manage Search Engines,” you will be able to add or remove search engines. You can also alter the order in which the search providers appear on the pull down menu.

Is Creative Commons involved in digital rights management (DRM)?

No. CC licenses are a form of rights expression, not rights management. CC provides tools to make it easier for creators and owners to say which rights they reserve and permissions they grant. This is different from digital rights management (or “DRM”), which uses technological protection measures to prevent people from using the work in a way that the owner has not permitted.

CC licenses contain language prohibiting licensees from the use of effective technological measures (including DRM) to prevent access to licensed material: ”You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any such recipient.”

While licensors may apply effective technological measures (ETMs) to their own materials, the licensor provides a limited permission to circumvent these measures: “The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures.” Note that this only applies to effective technological measures applied by licensors themselves: third parties such as distribution platforms may still apply ETMs if the licensor uploads there, and the license is not able to grant you permission to circumvent it.

Copyright law grants exclusive rights to creators of original works of authorship. National laws usually extend protections to such works automatically once fixed in a tangible medium, prohibiting the making of copies without the rights holder’s permission, among other things. On the internet, even the most basic activities involve making copies of copyrighted content. As content is increasingly uploaded, downloaded, and shared online, copyright law is becoming more relevant to more people than it was 20 years ago. Unfortunately, infringing copyrights—even unintentionally or unknowingly—can lead to liability. Successful navigation of the internet requires some understanding of copyright law.

What is the public domain?

The public domain of copyright refers to the aggregate of those works that are not restricted by copyright within a given jurisdiction. A work may be part of the public domain because the applicable term of copyright has expired, because the rights holder surrendered copyright in the work with a tool like CC0, or because the work did not meet the applicable standards for copyrightability.

Because the public domain depends on the copyright laws in force within a particular territory, sometimes a work may be considered “in the public domain” of one jurisdiction, but not in another. For example, U.S. government works are automatically in the public domain under U.S. copyright law, but might be restricted by copyright in other countries.

The Public Domain Manifesto, the University Libraries page, and the CC0 FAQs all contain additional information about the public domain.

Copyright in most jurisdictions attaches automatically without need for any formality once a creative work is fixed in tangible form (i.e. the minute you put pen to paper, take a photo, or hit the “save” button on your computer).

In some jurisdictions, creators may be required to register with a national agency in order to enforce copyright in court. If you would like more information, please consult the Berne Convention or your jurisdiction’s copyright law.

Although you do not have to apply a copyright notice for your work to be protected, it may be a useful tool to clearly signal to people that the work is yours. It also tells the public who to contact about the work.

What is an adaptation?

An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.

In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter’s personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil’s copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction’s copyright law for more information.

What are moral rights?

Copyright laws in many jurisdictions around the world grant creators “moral rights” in addition to the economic or commercial right to exploit their creative works. Moral rights protect the personal and reputational value of a work for its creator. Moral rights differ by country, and can include the right of attribution, the right to have a work published anonymously or pseudonymously, and/or the right to the integrity of the work. The moral right of integrity may provide creators with a source for redress if an adaptation represents derogatory treatment of their work, typically defined as “distortion or mutilation” of the work or treatment that is “prejudicial to the honor, or reputation of the author.” Not all jurisdictions provide for moral rights.

The CC licenses are intended to minimize the effect of moral rights on a licensee’s ability to use licensed material; however, in some jurisdictions, these rights may still have an effect. CC offers some additional information on how CC licenses may affect your moral rights.

What are neighboring rights?

Copyright provides an incentive to create works by providing exclusive rights to creators. However, the distribution or exploitation of a work often involves more than just the creator. For example, if someone writes a song, someone else may perform the song, and another may produce the recording of the song. Some jurisdictions extend copyright to the contributions made by these persons; other jurisdictions extend such exclusive rights in the form of neighboring rights. Neighboring rights may include performers’ rights or broadcasters’ rights, among others. The Rome Convention sets forth some guidelines on the scope of neighboring rights. Not all jurisdictions recognize neighboring rights.

What are sui generis database rights?

Sui generis database rights grant qualifying database makers the right to prohibit the extraction and reuse of a substantial portion of a database. The rights are granted to database makers that make a substantial investment of time and resources to create the database. Sui generis database rights are primarily enacted within the European Union and a handful of other jurisdictions.

What are collecting societies?

Collecting societies are copyright management organizations. Some examples of collecting societies include ASCAP and BMI (United States), BUMA/STEMRA (Netherlands), PRS (United Kingdom), and APRA (Australia). These societies license works on behalf of their owners and process royalty payments from parties using the copyrighted works.

CC offers additional information on how collecting societies might affect your rights and your ability to apply CC licenses to your work. CC has several pilots underway with collecting societies that have chosen to allow their members to use CC licenses on a limited basis.

What are publicity, personality, and privacy rights?

These terms are used differently in different jurisdictions. Generally speaking, these rights allow individuals to control the use of their voice, image, likeness, or other identifiable aspect of their identity, especially for purposes of commercial exploitation. Similarly, in some jurisdictions these rights allow people to restrict others’ ability to publish information about them without their permission. Whether and to what extent these rights exist, and if so, how they are labeled, varies depending on the jurisdiction.

Creative Commons licenses have a limited effect on these rights where the licensor holds them. Where the licensor has publicity, personality, or privacy rights that may affect your ability to use the material as the license intends, the licensor agrees to waive or not assert those rights. However, any such rights not held by the licensor are not affected and may still affect your desired use of a licensed work. If you have created a work or wish to use a work that might in some way implicate these rights, you may need to obtain permission from the individuals whose rights may be affected.

Data

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

: Uses of CC Licenses with Data and Databases : Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker’s investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [marking page]https://wiki.creativecommons.org/wiki/Marking_your_work_with_a_CC_license “wikilink”) for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights–but not copyright–are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.1 These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker’s substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Artificial intelligence and CC licenses

What are the limits on how CC-licensed works can be used in the development of new technologies, such as training of artificial intelligence software?

The licenses grant permission for reuse in any situation that requires permission under copyright. There are many ways in which CC-licensed work works and even all rights reserved works can be reused without permission. This includes uses that are fair uses, for example.

If someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected. This is one of the enduring qualities of our licenses — they have been carefully designed to work with all new technologies where copyright comes into play. No special or explicit permission regarding new technologies from a copyright perspective is required.

But what about privacy laws, rules governing ethical research, and data protection laws?

CC’s copyright licenses are not universal policy tools. Copyright is the primary obstacle to reuse that our licenses solve, but there are many other issues related to the reuse of content that our licenses do not address and that reusers should be aware of. These can include privacy and rules governing ethical research and the collection or use of data, which have to be addressed and respected separate and apart from the copyright issues that CC licenses cover.

What attribution obligations exist when CC-licensed images are included in a published dataset? Is linking to the original image or URI required, and if so, is it adequate?

It depends. First, keep in mind that CC licenses never limit uses that copyright doesn’t control. For example, as a general matter text and data mining in the United States is considered a fair use and does not require permission under copyright. This means that reusers engaged in text and data mining do not have to adhere to the marking and attribution requirements in our licenses for that activity even though we strongly recommend they do so anyway. A second example is linking. In some countries, linking to copyrighted content doesn’t require permission under copyright law, which means the CC license obligations do not come into play even though the linked content is CC-licensed.

Where a CC-licensed work is distributed as part of a database or dataset, and assuming copyright (or in the European Union, copyright or sui generis database rights) is triggered, then the license conditions must be respected. This means providing the required attribution information in a way that is reasonable under the circumstances. Our licenses allow for some flexibility, and in some cases that may be as simple as providing a link to the website where the relevant attribution information is provided. Visit our marking practices page for more information.

If a for-profit company uses CC-licensed content under a Non Commercial license and releases the work under terms that allow only research purposes, is the NC restriction violated?

This depends on whether any of the uses made of the works by the company, whether for profit or non profit, are primarily intended for commercial advantage or monetary compensation. This is hard to know without having all of the facts about how a work was used, whether internally by the company for its own purposes or how the work was distributed for further use. Visit our NC page for more information about what constitutes commercial and non commercial uses of works.

If NC-licensed content is redistributed to the public under an NC license, that distribution would not violate the NC clause. (Note that CC strongly discourages the use of any license terms other than a CC NC license for redistributions of NC-licensed content.)

If CC SA-licensed content is included in a database, does the entire database have to be licensed under an SA license?

CC licenses never require a reuser of a CC-licensed work to make the original work or resulting works (collections, derivatives, etc.) publicly available. There are lots of private reuses of works that are permitted by CC’s licenses that do not require compliance with their terms. Regarding ShareAlike, the condition only applies if a work is modified and if the work is shared publicly. In the situation where a reuser created a dataset of photos and made it publicly available, and assuming copyright permission is required, then what is released is likely a collection or compilation of pre-existing works. CC licenses do not require the collection or the compilation itself to be made available under an SA license, even though each individual work is still licensed individually under an SA license and if they were modified by the distributor the modified photo would need to be licensed under the same terms. For example, were Creative Commons to compile photographs from a photo sharing website under a BY-SA 2.0 license and create a database that it then publicly distributed, CC could license the collection as a whole under a BY license, but the photographs would continue to be licensed under BY-SA 2.0.

What, if any, remedies, do users have if they dislike how their photos or images have been reused?

Several remedies are potentially available. Some may be available if the CC license terms have been violated, and others may be available through other, separate avenues because they involve other laws or regulations that the CC licenses do not cover. It’s important to remember, however, that absent a violation of the license the permissions granted under the license remain in place and cannot be revoked.

  • Under the CC licenses, even if a license condition has not been violated licensors can ask that attribution to them be removed so they can distance themselves from the reuse.
  • For violations of a CC license term where the license was required (not a fair use, etc.) then you may have a claim for copyright infringement. Fortunately, in the CC community most license violations are handled amicably without resorting to the courts.
  • For claims involving laws and regulations other than copyright, recourse may be available depending on your local laws.

An important starting point for any would-be sharer of content under a CC license is to educate yourself in advance about how they work and what rights they do and do not cover. We have many FAQs on our website. We also provide human-readable deeds with links to the full text of our licenses. Additionally, all of our licenses highlight at the beginning many considerations that licensors should have in mind before they license, and considerations for reusers of works before they do so in order to avoid inadvertent violations.

Notes

  1. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).↩

#####EOF##### Public reports - Creative Commons

Public reports

From Creative Commons
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The purpose of this portal is to provide transparent access to public documents concerning the financial status and governance of the Creative Commons organization.

Governance documents

Policies for staff, board and officers, and community members

Other policies

Annual reports

Organizational strategy document

Organization-wide report

Affiliate Network reports

Funding sources

Other

Tax returns and audit information

2017

2016

2015

2014

2013

2012

2011

2010

2009

2008

2007

2006

2005

2004

2003

2002

2001

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#####EOF##### api.creativecommons.org — CC API v documentation

Navigation

api.creativecommons.org¶

Author:Nathan R. Yergler, John E. Doig III
Updated:$Date: 2009-04-02 10:57:29 -0700 (Thu, 02 Apr 2009) $

Creative Commons provides web service APIs which can be used to integrate the Creative Commons licensing engine into third party applications.

The following versions are available:

The current in-development API is described in the development version documentation. These APIs are currently in beta, and we are soliciting feedback and suggestions. As such, the API may change in the future.

The CC REST API source code can be browsed at http://code.creativecommons.org/viewgit/cc.api.git/. To download the source code, you can clone its Git repository by running git clone http://code.creativecommons.org/cc.api.git.

Attention

If you are using the staging version of the API, we ask that your code be updated to use the dev version instead. Requests made to the staging API URLs are still supported at the moment, but will be turned off in favor of the dev version in the near future.

Sample Code¶

ccPublisher uses the REST interface. See class CcRest in wizard/pages/license.py for an example.

Other example usages:

  • Python: The ccwsclient package provides basic abstraction of the REST interface via a Python class (ccwsclient SVN).
  • Java: The org.creativecommons.api package provides the CcRest class for using the REST web service from Java. Relies on JDOM and Jaxen. (org.cc.api SVN)

Your comments, feedback and suggestions can be sent to software@creativecommons.org.

Revision History¶

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#####EOF##### Licensing types - Creative Commons
Creative Commons > Share your work > Licensing types

Licensing types

The following describes each of the six main licenses offered when you choose to publish your work with a Creative Commons license. We have listed them starting with the most accommodating license type you can choose and ending with the most restrictive license type you can choose.

License Conditions

Creators choose a set of conditions they wish to apply to their work.

Attribution Attribution (by)

All CC licenses require that others who use your work in any way must give you credit the way you request, but not in a way that suggests you endorse them or their use. If they want to use your work without giving you credit or for endorsement purposes, they must get your permission first.

ShareAlike ShareAlike (sa)

You let others copy, distribute, display, perform, and modify your work, as long as they distribute any modified work on the same terms. If they want to distribute modified works under other terms, they must get your permission first.

NonCommercial NonCommercial (nc)

You let others copy, distribute, display, perform, and (unless you have chosen NoDerivatives) modify and use your work for any purpose other than commercially unless they get your permission first.

NoDerivatives NoDerivatives (nd)

You let others copy, distribute, display and perform only original copies of your work. If they want to modify your work, they must get your permission first.

#####EOF##### Legal Tools Translation - Creative Commons

Legal Tools Translation

From Creative Commons
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Welcome to the CC Translation Project!

Please note this is an evolving project and we welcome feedback.

This is the main portal for projects translating the suite of six CC licenses and the CC0 Public Domain Dedication. For information on translating CC license deeds, visit Translating CC Deeds. If you are interested in translating the licenses or other legal tools, please see the Legal Code Translation Policy.

As of January 2018, the Affiliate Network transitioned to a Global Network, where everyone - individuals and institutions - are welcome. The Creative Commons Global Network works together to realize our shared values and build relationships around the world. Interested in signing up? Become a member at https://network.creativecommons.org/. You can also join our Translation Working Group on Slack, to stay informed about materials that need to be translated or to suggest new materials.

Translations Generally

Beginning with version 4.0, CC is supporting official linguistic translations of its six (6) core licenses. Please note that translations involve linguistic translation only—they do not adapt the licenses or CC0 to account for local law. As of December 2012, CC also supports official translations of CC0 version 1.0.

Please see the Legal Code Translation Policy for more information on how to start a project to translate CC0 or the CC licenses officially into your local language. CC's policy is to support a single official translation into any particular language, absent a compelling reason otherwise. All legal code translation projects must be approved by Creative Commons in advance; please do not start a legal code translation project without first contacting Creative Commons.

(For version 3.0 of the licenses, CC supports unofficial translations only. These are not official and not suitable for adoption, but are provided solely for information purposes. Please do not use translations of the 3.0 international licenses—licensors should not link to or otherwise identify any of the unofficial translations when applying licenses to their materials. Those interested in translating CC licenses should join a translation project for the 4.0 licenses. If you would like to read the process for unofficial translations of 3.0, it has been moved to a separate page for historical information.)

Translation Guide

As we work with teams on translation projects, we are developing collections of advice and issues to guide future teams' efforts. These include general proofing advice, as well as common errors, and words and phrases that are of key importance or have presented difficulty in each particular legal tool.

Translation status of the 4.0 licenses and of CC0

(Click on the column arrows to sort entries)

Language (and link to language page) 4.0 translation status CC0 translation status
Basque Final - published October 2018 (read) Final - published October 2018 (read)
Catalan In progress In progress
Amharic In progress Not started
Arabic Final - published February 2017 (read) Not started
Bahasa Indonesia Final - published July 2015 (read) Not started
Belarusian Not started Not started
Castellano Final - published September 2018 (read) In progress
Chinese - Traditional and Simplified In progress Final - published March 2018 (read)
Cree Not started Not started
Croatian Final - published February 2017 (read) Not started
Czech In progress Not started
Dutch Final - published February 2015 (read) Final - published March 2014 (read)
Finnish Final - published November 2014 (read) Final
French Final - published June 2017 (read) Final - published June 2014 (read)
German Final - published January 2017 (read in English and in German) In progress
Greek Final - published November 2018 (read) Not started
Hindi Not started Not started
Italian Final - published July 2017 (read) Final - published July 2017
Japanese Final - published July 2015 Final - published April 2015 (read)
Korean In progress In progress
Latvian Final - published October 2018 (read) Final - published October 2018 (read)
Lithuanian Final - published June 2018 (read) Final - published June 2018 (read)
Malay Not started In progress
Māori Final - published July 2015 Not started
Norwegian Final - published December 2014 (read) Not started
Polish Final - published April 2016 (read in English and in Polish) Final - published October 2015 (read)
Portuguese Final - published June 2018 (read) In progress
Russian Final - published April 2018 (read) Not started
Serbian Not started In progress
Slovak In progress Not started
Slovenian In progress Not started
Swedish Final - published January 2017 (read) Final
Turkish Final - published May 2017 (read in English and in Turkish) Not started
Ukrainian Final - published June 2015 (read) Not started
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#####EOF##### Policies pre 2010-08-04 - Creative Commons
Creative Commons > Policies > Policies pre 2010-08-04

Policies pre 2010-08-04

Creative Commons Licensing

Except where noted otherwise below in our Trademark Policy, all content on this site is licensed under a Creative Commons Attribution license. We do not assert a copyright in the text of our licenses. Modified versions of our licenses, however, should not be labeled as ‘Creative Commons’ licenses.

Website Disclaimer

This website provides general information about legal topics but it does not provide individual legal advice. Creative Commons Corporation is not a law firm and does not provide legal services. Using this website or sending us email does not create an attorney-client relationship. Creative Commons provides this general legal information on an ‘as-is’ basis. Creative Commons makes no warranties regarding the general legal information provided on this website, and disclaims liability for damages resulting from its use.

Notice: We do not license works for money or help collect royalties.

Creative Commons Trademark policy

The double C in a circle, the words and logotype “Creative Commons,” Creative Commons license buttons, and any combination of the foregoing, whether integrated into a larger whole or standing alone, are Creative Commons’ trademarks. You are authorized to use our trademarks on the terms and conditions below, and only on the further condition that you download the trademarks directly from our website.

Corporate Logo and LogotypeCorporate Logo and Logotype: Creative Commons licenses the use of its trademarked corporate logo (shown immediately to the right) on the condition that the trademark licensee use the mark to point to the Creative Commons homepage, http://creativecommons.org, and only to the Creative Commons homepage. Creative Commons retains full, unfettered, and sole discretion to revoke this trademark license for any reason whatsoever or for no specified reason.

Creative Commons Public Copyright License MarksCreative Commons Public Copyright License Marks: Creative Commons licenses the use of its trademarked CC logo in the context of its Public Copyright License Marks (shown immediately to the right) on the condition that licensee use the mark solely to point to a Creative Commons license or Commons deed on the Creative Commons server or otherwise uses it to describe the Creative Commons license that applies to a particular work; and provided that, to the extent the licensee is using the mark in an online environment, licensee does not alter or remove the hyperlink embedded in such logo as made available on Creative Commons webpage. Creative Commons retains full, unfettered, and sole discretion to revoke this trademark license for any reason whatsoever or for no specified reason. Creative Commons is particularly likely to revoke said license if, in its full, unfettered, and sole discretion, it finds that licensee’s use of the mark is likely to bring disrepute to licensor or its mark.

Public Domain Dedication MarkPublic Domain Dedication Mark: Creative Commons licenses the use of its trademarked CC logo in the context of its Public Domain Dedication Mark (shown immediately to the right) on the condition that licensee use the mark solely to point to the Creative Commons Public Domain Dedication on the Creative Commons server or otherwise uses it to describe that the Creative Commons Public Domain Dedication applies to a particular work; and provided that, to the extent the licensee uses the mark in an online environment, licensee does not alter or remove the hyperlink embedded in such logo as made available on Creative Commons webpage. Creative Commons retains full, unfettered, and sole discretion to revoke this trademark license for any reason whatsoever or for no specified reason. Creative Commons is particularly likely to revoke said license if, in its full, unfettered, and sole discretion, it finds that licensee’s use of the mark is likely to bring disrepute to licensor or its mark.

by nc sa ndCreative Commons License Buttons: The Creative Commons buttons that describe a key term of our license, such as BY, NC, ND, SA, Sampling, Sampling Plus and Noncommercial Sampling Plus may only be used in the context of pointing to a Creative Commons license on the Creative Commons server that includes that license term or to otherwise describe the Creative Commons license, that includes that license term and that applies to a particular work.

public domain Developing Nations sampling Founder's Copyright CC GNU-GPL CC GNU-LGPL Share MusicThe Creative Commons buttons that describe one of our customized licenses, such as the Public Domain, Sampling, Developing Nations, Founder’s Copyright, CC-GNU-GPL, CC-GNU-LGPL and Music Sharing, respectively, may only be used in the context of pointing to the relevant Creative Commons license on the Creative Commons server or to otherwise describe the Creative Commons license that applies to a particular work. Creative Commons retains full, unfettered, and sole discretion to revoke this license for any reason whatsoever or for no specified reason. Creative Commons is particularly likely to revoke said license if, in its full, unfettered, and sole discretion, it finds that licensee’s use of the mark is likely to bring disrepute to licensor or its mark.

Copyright infringement notifications

If you have reason to believe that any material or activity on a site controlled or operated by Creative Commons (such as creativecommons.org, sciencecommons.org or ccmixter.org) is infringing of the right(s) owned by you or someone else, for whom you have authority to act, please follow our DMCA Notice & Takedown Procedure.

DISCLAIMER: Creative Commons provides public copyright licenses that anyone may use. We do not, however, control the use of Creative Commons licenses or have knowledge of whether the use of our licenses is authorized by the copyright owner. Additionally, Creative Commons has no control over third party websites, or over content belonging to persons or organizations other than Creative Commons. Any content hosted on a third party website is the responsibility of those sites, and not of Creative Commons, even if the content bears a Creative Commons license. If you are the copyright owner of content hosted on a third party site, and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed.

Other Content

The icons that make up our “Find” and “License” buttons that appear in the website header, visible on most pages, are licensed under the Creative Commons Attribution-ShareAlike 2.5 license and form part of the Tango Desktop Project.

Other parts of the site may also include third party content that is licensed on different terms. Where that use is not a fair use, the different license terms of that content are either indicated or the content is acknowledged to be “Used with permission.”

#####EOF##### Marking your work with a CC license - Creative Commons

Marking your work with a CC license

From Creative Commons
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You have chosen a CC license for your work. Now how do you go about letting the world know? Here are some examples of how to mark your work with the CC license. Note: If you want to know how to attribute other creators' CC licensed materials, go here.

How to use the CC License Chooser

You can easily add a CC license notice to your website by visiting the CC license chooser. At the chooser, simply answer a few questions, fill in the fields you need, and receive an already formatted HTML code.

CC license chooser v2.png

At this point, all you have to do is:

1. Copy and paste the HTML code into your webpage or website.

The specifics of inserting the code depend on how you edit your website. The block of code should be inserted into the page HTML - most desktop website tools like Dreamweaver, Frontpage, or GoLive offer a "code view" that lets you see the code that makes up your page. Near the end of the page before you see </body></html>, paste the HTML code in directly.
If all of the resources you are publishing on a single website are licensed under the same CC license, it makes sense to paste the HTML code into your website’s template (e.g., in a footer or sidebar area). After saving the template, the chosen license information should appear everywhere on your site. Whether you add license information to a single page or an entire site, once live on the Internet, the license information will be displayed and the machines will be able to detect the license status automatically.

2. Edit the descriptive text to suit your needs.

For example, if you select CC BY in the chooser, the default text you receive in the second line of html code is:
This work is licensed under a <a rel="license" href="http://creativecommons.org/licenses/by/3.0/deed.en_US">Creative Commons Attribution 3.0 Unported License</a>.
The bolded text is descriptive, and you can edit it without affecting the code. For example, you might specify what 'work' you're talking about, or let users know that the entire site is available under the license unless noted otherwise. You could edit the bolded part as follows:
Except where otherwise noted, this website is licensed under a <a rel="license" href="http://creativecommons.org/licenses/by/3.0/deed.en_US">Creative Commons Attribution 3.0 Unported License</a>.

Example: Website

Cc.org cc by license.jpg

This is the CC license notice at the bottom of this website. The CC BY license notice shows up on every page of creativecommons.org. This is a good example because:

Author? - Since the license is for the CC website as a whole, which includes multiple authors, one attribution party is not specified. Instead, it is clarified in the Terms of Use (linked in the footer on the left) who owns what content.
License? - The specific CC license is noted (CC BY) and linked.
Machine-readability? - Yup. Copied and pasted code from the license chooser.
Other good stuff? - Also, we make it clear that we will let you know when material is governed by terms different from the CC BY license.

Example: Blog

Parker's blog

If you visit Parker's blog, you will see this notice. Parker filled out a few fields in the CC license chooser, which spit out an html code. He copied and pasted the html code into his website, editing the descriptive text to his needs. This is a really good example because:

Author? - Parker specified that he is the author of the work.
License? - Parker named and linked to the specific CC license (Creative Commons Attribution).
Machine-readability? - Yup. Copied and pasted code from the license chooser.
Other good stuff? - Yup. Parker indicated that the site was "parker higgins dot net."

Example: Offline document

For documents that are meant to be shared offline, use a title and/or copyright page to include the copyright notice and CC license information. You can obtain suggested text using the license chooser.

Help others attribute you.jpg

In the 'Help others attribute you!' box, select 'Offline' in the drop-down menu for 'License mark'. Instead of html, you will receive the following text which you can edit as needed: "This work is licensed under the Creative Commons Attribution 3.0 Unported License. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/." You can also download the corresponding CC license icon at our downloads page.

Example

Col cc notice.jpg

The Commonwealth of Learning (COL) added this CC license notice to their copyright page in the report entitled, Survey on Governments’ Open Educational Resources (OER) Policies. This is a good example because:

Author? - "by The Commonwealth of Learning"
License? - The notice clearly specifies the CC BY-SA license along with a link.
Machine-readability? - No, it's an offline document.
Other good stuff? - COL added a (c) copyright notice and a title for the work. COL also added a license icon to make it visually appealing and recognizable. (All CC license icons can be downloaded for free here.)

If you link to the document on a web page, make sure that the license information is clearly displayed next to the file, with all the recommended information below.

If you want to get technical and attempt embedding metadata within documents, see the CC-OpenOfficeOrg Addin for OpenOffice or the Microsoft Office add-ins for Microsoft Office 2003/XP, Office 2007/2010/2013.

Example: Image

8256206923 c77e85319e n.jpg
"Creative Commons 10th Birthday Celebration San Francisco" by tvol can be reused under the CC BY license

This photo was taken during CC's 10th birthday party in San Francisco by CC staff member tvol. This is a good example because:

Author? - "tvol" and linked to his Flickr profile page
License? - The specific CC license is noted (CC BY) and linked.
Machine-readability? - No, but it could be if we copied and pasted code from the CC license chooser.
Other good stuff? - Title is noted and linked to Flickr page where original image resides.

It is also easy to publish your image on an image sharing platform that has built-in CC licensing, such as Flickr, 500px, or Wikimedia Commons.

Note: We don't recommend adding a watermark or visual marker directly on an image, as it can detract from the original and prevent the reuse you want to allow with the CC license. Instead, make sure that the license information is clearly visible underneath (or otherwise next to) the image.

Example: Presentation

CC presentation example.jpg

This slide appears at the end of Jane Park's presentation called "Using the CC BY license, Workshop for 2013 OPEN Kick-off" at Slideshare. This is a good example because:

Author? - Clearly specifies that Creative Commons is the party that should be credited, along with a request to link to creativecommons.org.
License? - The specific CC license is noted (CC BY) with a link provided.
Machine-readability? - Yes, because it was uploaded to Slideshare, a slide-sharing platform that supports CC licensing.
Other good stuff? - Jane made use of one of the free CC_video_bumpers to iconically illustrate the CC BY license. She also makes it clear that she will let you know when material is governed by terms different from the CC BY license ('Except otherwise noted..' ).

If you link to or embed the presentation on a web page, make sure that the license information is clearly displayed next to the file, with all the recommended information below.

Example: Video

By bw small.png

This is a CC video bumper, which you can add to your video if you have room for a 2-5 second copyright frame. Here are some pre-made CC_video_bumpers and some newly updated bumpers (as of Feb. 2019).

You can edit these bumpers or create your own still with more information. Just make sure that such a still contains all the information recommended below.

Once you've added a copyright notice within your video, we recommend uploading your video to one of these video-sharing platforms that have built-in CC licensing. These platforms take care of the machine-readability for you. You can also add author and license info to any "about" field at these sites. After you've uploaded the videos, you can share the video on your own website or blog using the platform's "embed" feature.

If you link to or embed the video on a web page, make sure that the license information is clearly displayed next to the file, with all the recommended information below. For example, this blog post does a good job of displaying the CC license information about the video outside of its medium.

Video embed example.jpg

If you want to get technical, we have a document about marking materials so that they are machine-readable.

Example: Audio

CC podcast introduction by Cory Doctorow

This is a sample CC audio bumper which you can add at the beginning of an audio file to orally tell users of the CC license. Feel free to use intro bumpers developed by various Internet celebrities. You can also create your own, which can include more information as recommended below.

For audio, we recommend uploading your file to one of the music sharing platforms or communities that support CC licensing. These platforms take care of the machine-readability for you. You can also add author and license info to any "about" field at these sites.

If you link to the file on a web page, make sure that the license information is clearly displayed next to the file, with all the recommended information below.

If you want to get technical, Use your favorite audio player to add in the information. See Embedded_Metadata. You can also add ID3 tags to a common audio file type, such as the MP3, or browse other file types.

Example: Dataset

Rufous woodpecker metadata.jpg

This is a CC license notice for a snippet of metadata that is part of the India Biodiversity Portal dataset. All the info is displayed once you click on the "i" to "Show details." This is a good example because:

Author? - Clearly noted in the Contributors field as "Chitra Ravi, Content Editor, India Biodiversity Portal"
License? - The specific CC license is displayed via CC BY license icon and linked to the deed.
Machine-readability? - No, but they're working on that.
Other good stuff? - References used to create the summary/brief noted. License and author info easily found by clicking on "i" for more details.
Rufous woodpecker image marking.jpg

This is the CC license notice for the image to the right of the dataset which in this case is governed by different terms. This is a good example because:

Author? - Clearly noted once you click on the "i" under Attributions - Flickr user "ric seet"
License? - CC BY-NC-ND, which is displayed in icon and icon is linked to the deed
Machine-readability? - No, but they're working on that.
Other good stuff? - Link included to original Flickr image and even date that image was accessed. License and author info easily found by clicking on "i" for more details.

Author, License, Machine-readability

A good rule of thumb is to use the acronym ALM, which stands for Author, License, Machine-readability.

Author - Who should the user attribute?

This means the person who owns the copyright to the material and is licensing it to the public, aka the 'licensor.' If you are the licensor, then name yourself! If you're only one of the licensors, then name the others, too. If you are licensing the material on behalf of another entity, such as an organization, then you would note that instead.

License - How can the material be used?

This one's easy--they can use it under the CC license! Make sure to name the specific CC license the material is under and link to it, eg. Creative Commons Attribution 4.0 License with a link to http://creativecommons.org/licenses/by/4.0/. Don't just say the material is Creative Commons, because that says nothing about how the material can actually be used. Remember that there are six different CC licenses!
→ Also consider including the corresponding CC license icon, a visible indication of the license that is recognized as part of the CC brand around the world, eg. http://i.creativecommons.org/l/by/3.0/80x15.png

Machine-readability - Can machines read it?

We live in the digital age, so this is very important. If you want search engines and software systems to be able to detect the CC license, then make sure to use our license chooser tool to get the machine-readable html code, which you can then easily paste into web pages. This code is simply a summary of the license in a format that machines can understand, hence the term "machine-readability". (Note: You can also upload your work to a content sharing platform that supports CC licensing and takes care of the machine-readability for you.)

Lastly, Is there anything else the user should know about the material?

Is your work a modification of another work? Does your work incorporate elements of several third party materials? Are you adding any warranties, or modifying the existing disclaimer in the CC license? Are you granting additional permissions beyond what the license allows? If your answer is yes to any of these, then you should note that along with the license information about your work. For example, if your work incorporates third party materials, you would note those materials and make sure to attribute each of them correctly. This is also your chance to grant additional permissions. For example, if you license something under CC BY but are okay with people not attributing you in certain cases--this is your chance to specify those cases. You can't change the terms of a CC license, but you can always grant additional permissions or warranties.

Content-sharing platforms

One way to increase visibility and access to your work is to share it with an existing community on a content-sharing platform. Many platforms support machine-automated CC licensing, making it easy for you to indicate the license along with other information, such as who to attribute. In addition, these platforms may offer the ability to filter or search content by CC license, which increases the chances that your work may be discovered. Search engines, such as Google or Yahoo!, also index CC-licensed works from these platforms.

Take a look at how to license your work on a few of these platforms, like Vimeo and Soundcloud, at Publish.

If your favorite platform does not enable CC licensing, the best thing to do is to add in the license information manually as you would on your own site. There is usually a description or other free form field where you can enter info about the work. You might also consider encouraging your platform or community to enable CC licensing. If the demand is great, they just might listen.

Adding a CC0 public domain notice to your work

If you have decided to dedicate your work to the public domain using CC0, you can use the CC0 waiver tool just like you use the CC license chooser. Simply fill in the fields at the form, go through the the necessary steps of reading and understanding what rights you are giving up with CC0, and receive the already formatted html code at the end, as show below.

Ml blog cc0.jpg File:Ml blog cc0 2.jpg

Then copy and paste the resulting html into your website as you normally would, following best practices outlined above for adding a CC license using the license chooser.

You can see how Mike did that here, and by visiting his blog: File:Ml blog cc0 3.jpg

You can also upload your work to a content-sharing platform that supports CC0.

If you want to mark specific media, see the different examples above. You would simply exchange the CC license text with the CC0 waiver text, shown in the example below.

Example: CC0

Casey image cc0.jpg

The text reads: "Copyright and related rights waived via CC0"

This blog post is a good example of marking an image with CC0 instead of a CC license because:

It tells you what the CC0 tool actually does and links to the CC0 deed so that users may understand further. It is also clear that CC0 is not a license, but a waiver.

Other issues

Adding a CC license to your derivative work

If the work you are licensing is a derivative of another work, then in addition to following best practices above, you need to let your potential users know a few things:

  • That your work is a derivative of another work
  • Attribution for the original work (see Best practices for attribution)
  • If there are any other rights (eg. third party content used under fair use or other exceptions) that they should be aware of

Remember that if your work is an adaptation of a work licensed under either CC BY-SA or CC BY-NC-SA, then your derivative work must be made available under the same license as per the ShareAlike condition.

Note: When modifying materials under one of the Version 4.0 CC licenses, you must make a note of any modifications you make to the materials, regardless of whether the modification is significant enough to merit a derivative work. For examples, see Best practices for attribution.

Noting third-party content in your work

When you add a CC license to your work, you are only granting permissions to the rights you hold in the work. So if your work is a derivative of another creator's CC-licensed work, or otherwise incorporates third-party content under fair use or other exceptions, then you should make a note of that for your users. Your CC license only ever covers the rights you have in the content you create, and never other content by third parties.

If you are incorporating materials offered under other CC licenses, then see our best practices for attribution.

For more information, or for tips on how to mark content that is incorporated under fair use or other exceptions, see marking third-party content.

Don't call it a CC license if it isn't

When marking your work, remember that any restriction or modification to the original license cannot be labeled a 'Creative Commons’ license. See our Trademark policy.es: Marcando tu obra con una licencia CC

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#####EOF##### Baseline Rights - Creative Commons

Baseline Rights

From Creative Commons
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All Creative Commons licenses have many important features in common.

Every license will help you

  • retain your copyright
  • attribute you autorship
  • announce that other people’s fair use, first sale, and free expression rights are not affected by the license.

Every license requires licensees

Every license allows licensees, provided they live up to your conditions, at least non-commercially

  • to copy the work
  • to distribute it
  • to display or perform it publicly
  • to make digital public performances of it (e.g., webcasting)
  • to shift the work into another format as a verbatim copy

Every license

  • applies worldwide
  • lasts for the duration of the work’s copyright
  • is not revocable
  • non exclusive
  • Creative Commons is not party of agreement and don't grantee quality of work
  • creates agreement between original author and second user (see about Bob and Carol - Frequently Asked Questions)

Note that some of these features does not apply to our public domain tools and certain retired licenses.

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#####EOF##### Creative Commons — Atribuire - Distribuire în condiÅ£ii identice 3.0 Ne-adaptată — CC BY-SA 3.0
Această pagină este disponibilă în următoarele limbi: Languages
cc logo

Textul Licenței Creative Commons

Atribuire - Distribuire în condiţii identice 3.0 Ne-adaptată (CC BY-SA 3.0)

Acesta e un rezumat pe înțelesul tuturor (și nu un substitut) al licenței. Exonerare de răspundere.

Poți să:

  • Adaptezi — remixezi, transformi, și construiești pe baza operei
  • cu orice scop, chiar și comercial
  • Licențiatorul nu poate revoca aceste drepturi atât timp cât respectați termenii licenței.

Sub următorii termeni:

  • Atribuire — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.

  • Distribuie în condiÅ£ii identice — Daca remixezi, transformi, sau construiești pe baza operei, trebuie să distribui contribuțiile tale sub aceeași licență precum originalul.

  • Fără restricții suplimentare — Nu poți impune termeni juridici sau măsuri tehnologice t care restricționează din punct de vedere legal acțiunile altor utilizatori care sunt permise de către licență.

Notificări:

  • You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.
  • No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
#####EOF##### Creative Commons — Attribution 3.0 United States — CC BY 3.0 US
This page is available in the following languages: Languages
cc logo

Creative Commons License Deed

Attribution 3.0 United States (CC BY 3.0 US)

This is a human-readable summary of (and not a substitute for) the license. Disclaimer.
us

You are free to:

  • Adapt — remix, transform, and build upon the material
  • for any purpose, even commercially.
  • The licensor cannot revoke these freedoms as long as you follow the license terms.

Under the following terms:

  • Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.

  • No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.

Notices:

  • You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.
  • No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
#####EOF##### CC REL - Creative Commons

CC REL

From Creative Commons
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Creative Commons Rights Expression Language (CC REL) is a specification describing how license information may be described using RDF and how license information may be attached to works.

CC REL is described in CC REL: The Creative Commons Rights Expression Language (pdf), published March 3, 2008. An overview of the vocabulary is available with the namespace description.

CC REL metadata, as encoded using RDFa or XMP, may be embedded in a variety of filetypes. Additional confidence may be added to embedded metadata through the use of web statement.

We have also begun to explore extending CC REL for use by digital copyright registries. See CC Network Development's metadata documentation.

CC REL by Example provides examples of many web deployment scenarios with thorough explanations and is the best place to start if you want a HOWTO or to understand through examples which you can copy and experiment with.

Presentations

Examples

Simple

the study by VOLKAN TEMEL is licensed under a 

<a rel="license" href="http://creativecommons.org/licenses/by-nc/3.0/">Creative Commons 
Attribution Non-Commercial 3.0 License</a>. 
Permissions beyond the scope of this license may be available at 
<a xmlns:cc="http://creativecommons.org/ns#" rel="cc:morePermissions" 
href="https://www.hindawi.com/journals/arp/">Hindawi</a>.

Advanced

<span xmlns:cc="http://creativecommons.org/ns#" xmlns:dc="http://purl.org/dc/terms/">

<span rel="dc:type" href="http://purl.org/dc/dcmitype/Text" property="dc:title">My Book</span> by 
<a rel="cc:attributionURL" property="cc:attributionName" href="http://rejon.org/my_book">Jon Phillips</a> 

is licensed under a 

<a rel="license" href="http://creativecommons.org/licenses/by-nc/3.0/">Creative Commons 
Attribution Non-Commercial 3.0 License</a>. 

<span rel="dc:source" href="http://deerfang.org/her_book"/>
Permissions beyond the scope of this license may be available at 
<a rel="cc:morePermissions" 
href="http://somecompany.com/revenue_sharing_agreement">somecompany.com</a>.

</span>



CC REL
Have an idea about this page? Want to help build the CC ecosystem? Check out the challenges related to CC REL, or add one of your own below.
Open Challenges
{{#ask: Is Complete::no

Related To::CC REL|format=table}}
Completed Challenges
{{#ask: Is Complete::yes

Related To::CC REL|format=table}}
{{#forminput:Challenge|35 Challenge[related_to]=CC REL }}
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#####EOF##### Creative Commons Legal Code

Creative Commons

Creative Commons Legal Code

Attribution-ShareAlike 2.5

CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.

License

THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.

BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.

1. Definitions

  1. "Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
  2. "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License.
  3. "Licensor" means the individual or entity that offers the Work under the terms of this License.
  4. "Original Author" means the individual or entity who created the Work.
  5. "Work" means the copyrightable work of authorship offered under the terms of this License.
  6. "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
  7. "License Elements" means the following high-level license attributes as selected by Licensor and indicated in the title of this License: Attribution, ShareAlike.

2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.

3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:

  1. to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;
  2. to create and reproduce Derivative Works;
  3. to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works;
  4. to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works.

  5. For the avoidance of doubt, where the work is a musical composition:

    1. Performance Royalties Under Blanket Licenses. Licensor waives the exclusive right to collect, whether individually or via a performance rights society (e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital performance (e.g. webcast) of the Work.
    2. Mechanical Rights and Statutory Royalties. Licensor waives the exclusive right to collect, whether individually or via a music rights society or designated agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from the Work ("cover version") and distribute, subject to the compulsory license created by 17 USC Section 115 of the US Copyright Act (or the equivalent in other jurisdictions).
  6. Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Work is a sound recording, Licensor waives the exclusive right to collect, whether individually or via a performance-rights society (e.g. SoundExchange), royalties for the public digital performance (e.g. webcast) of the Work, subject to the compulsory license created by 17 USC Section 114 of the US Copyright Act (or the equivalent in other jurisdictions).

The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved.

4. Restrictions.The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:

  1. You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any credit as required by clause 4(c), as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any credit as required by clause 4(c), as requested.
  2. You may distribute, publicly display, publicly perform, or publicly digitally perform a Derivative Work only under the terms of this License, a later version of this License with the same License Elements as this License, or a Creative Commons iCommons license that contains the same License Elements as this License (e.g. Attribution-ShareAlike 2.5 Japan). You must include a copy of, or the Uniform Resource Identifier for, this License or other license specified in the previous sentence with every copy or phonorecord of each Derivative Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Derivative Works that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder, and You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Derivative Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Derivative Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Derivative Work itself to be made subject to the terms of this License.
  3. If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Derivative Works or Collective Works, You must keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or (ii) if the Original Author and/or Licensor designate another party or parties (e.g. a sponsor institute, publishing entity, journal) for attribution in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; the title of the Work if supplied; to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and in the case of a Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.

5. Representations, Warranties and Disclaimer

UNLESS OTHERWISE AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE MATERIALS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.

6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Termination

  1. This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Derivative Works or Collective Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
  2. Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.

8. Miscellaneous

  1. Each time You distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
  2. Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
  3. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
  4. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
  5. This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.

Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.

Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, neither party will use the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time.

Creative Commons may be contacted at https://creativecommons.org/.

« Back to Commons Deed
#####EOF##### Creative Commons — Attribuzione - Condividi allo stesso modo 3.0 Unported — CC BY-SA 3.0
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Creative Commons License Deed

Attribuzione - Condividi allo stesso modo 3.0 Unported (CC BY-SA 3.0)

Questo è un riassunto in linguaggio accessibile a tutti (e non un sostituto) della licenza. Limitazione di responsabilità.

Tu sei libero di:

  • Modificare — remixare, trasformare il materiale e basarti su di esso per le tue opere
  • per qualsiasi fine, anche commerciale.
  • Il licenziante non può revocare questi diritti fintanto che tu rispetti i termini della licenza.

Alle seguenti condizioni:

  • Divieto di restrizioni aggiuntive — Non puoi applicare termini legali o misure tecnologiche che impongano ad altri soggetti dei vincoli giuridici su quanto la licenza consente loro di fare.

Note:

  • Non sei tenuto a rispettare i termini della licenza per quelle componenti del materiale che siano in pubblico dominio o nei casi in cui il tuo utilizzo sia consentito da una eccezione o limitazione prevista dalla legge.
  • Non sono fornite garanzie. La licenza può non conferirti tutte le autorizzazioni necessarie per l'utilizzo che ti prefiggi. Ad esempio, diritti di terzi come i diritti all'immagine, alla riservatezza e i diritti morali potrebbero restringere gli usi che ti prefiggi sul materiale.
#####EOF##### CCPlus - Creative Commons

CCPlus

From Creative Commons
Jump to: navigation, search


CC+ denotes the combination of a CC official license (unmodified and verbatim) + another separate and independent agreement granting more permissions.

It is NOT a new or different license or any license at all, but a facilitation of more Permissions beyond ANY standard CC licenses. Worth emphasizing is that CC+ (and use of that mark) requires that the work be licensed under a standard CC license that provides a baseline set of permissions that have not been modified or customized but reproduces the license verbatim. The plus (+) signifies that all of those same permissions are granted, plus more.


Note that in order to use CC+ the additional permissions must be set forth in a separate document or resource -- the official legal code within the "corners" of the license cannot be added to or changed.


If you want to adopt CC+, please (1) implement CC+ on your site, (2) add your project/company name, and (3) let us know!


Simple Explanation

The basic concept is to have a Creative Commons license + some other agreement which provides morePermissions.

Cc-by-nc-3.0-88x31.png + Commercial-license-button.png

NOTE: Above, the CC license should link to the human deed and the generic commercial license would link to a place to get a commercial license for a work. The COMMERCIAL LICENSE is generic and should be tailored for specific uses with specific names of copyright holders.

Here is the SVG (vector graphic) to the generic button if you would like to construct a commercial licensing button for your usage. The button is released into the public domain.

Summary

CC+ is a protocol providing a simple way for users to get rights beyond the rights granted by a CC license. For example, a work's Creative Commons license might offer noncommercial rights. With CC+, the license can link to a resource indicating how a reuser may secure commercial rights or other additional permissions or services such as warranty, permission to use without attribution, or even access to physical media.


Solvable Problems

Legal

Creative Commons has solved this with Creative Commons licensing. Creative Commons has this one locked down. Rely on CC.

Human

Creative Commons has structured this so that you and/or your project can implement the rest of the social part to this equation.

  • CC+ General.pdf - CC and CC+ Overview for the World Wide Web (pdf)
  • Concepts and Pieces
    • healthy ecosystem

Technical

Similar to #Human, CC has structured the Technical part of CC+ so that you can implement the technical standard to be in compliance.

  • CC+ Technical.pdf - CC+ Technical Implementation for the World Wide Web (pdf) explaining how to add CC+ functionality to your site.
  • Concepts and Pieces

Easy CC+ Markups

Simplest CC+ Example

My Book by Jon Phillips is licensed under a 

<a rel="license" href="http://creativecommons.org/licenses/by-nc/3.0/">Creative Commons 
Attribution Non-Commercial 3.0 License</a>. 

Permissions beyond the scope of this license may be available at 
<a xmlns:cc="http://creativecommons.org/ns#" rel="cc:morePermissions" 
href="http://somecompany.com/revenue_sharing_agreement">somecompany.com</a>.

A complete CC+ Implementation

<span xmlns:cc="http://creativecommons.org/ns#" xmlns:dc="http://purl.org/dc/elements/1.1/">

<span rel="dc:type" href="http://purl.org/dc/dcmitype/Text" property="dc:title">My Book</span> by 
<a rel="cc:attributionURL" property="cc:attributionName" href="http://rejon.org/my_book">Jon Phillips</a> 

is licensed under a 

<a rel="license" href="http://creativecommons.org/licenses/by-nc/3.0/">Creative Commons 
Attribution Non-Commercial 3.0 License</a>. 

<span rel="dc:source" href="http://deerfang.org/her_book"/>
Permissions beyond the scope of this license may be available at 
<a rel="cc:morePermissions" 
href="http://somecompany.com/revenue_sharing_agreement">somecompany.com</a>.

</span>

A simple example of custom agreement on the same page

<a xmlns:cc="http://creativecommons.org/ns#" rel="cc:morePermissions" href="#agreement">below</a>

<a id="agreement">The Agreement</a>
... agreement text...

A simple agreement leading to mailto

<a xmlns:cc="http://creativecommons.org/ns#" 
   rel="cc:morePermissions" href="mailto:someuser@somedomain.com">custom license</a>

<br\> Please note: the additional CC+ section in the deed will appear only if the document you're clicking to the deed from is accessible on the public Internet.

Use Cases

  • Restrict commercial use with a CC license with the NonCommercial condition, and then use a separate agreement with some party (could be yourself or third-party) to broker commercial rights (licensing, sales, reproduction, etc).
  • Require that adaptions are shared with a CC license with the ShareAlike condition, but offer a separate agreement (as above) for parties that do not want to release derivatives under the same license. Similar use cases for offering a private agreement for parties that wish to avoid fulfilling the Attribution or NoDerivatives properties of applicable CC licenses.
  • Offer a private agreement for parties that require one (eg for institutional policy or insurance reasons), even if their use would be within the scope of the public license grant.
  • To implement some type of Street Performer Protocol system to put works to the public domain or into another license, preferably more free and in the community interest.

Media

  • Ccplus slides.035.jpg
  • Ccplus slides.039.jpg
  • Ccplus slides.044.jpg

Examples

Jamendo

  • Ccplus slides.046.jpg
  • Ccplus slides.047.jpg
  • Ccplus slides.048.jpg
  • Ccplus slides.050.jpg
  • Ccplus slides.051.jpg

Magnatune

  • Ccplus slides.052.jpg
  • Ccplus slides.053.jpg
  • Ccplus slides.054.jpg
  • Ccplus slides.055.jpg
  • Ccplus slides.057.jpg
  • Ccplus slides.058.jpg
  • Ccplus slides.059.jpg

BeatPick

  • Ccplus slides.061.jpg
  • Ccplus slides.062.jpg
  • Ccplus slides.063.jpg
  • Ccplus slides.064.jpg
  • Ccplus slides.065.jpg

Mockups

Actual

Adopters

FAQ

What is a simple way of explaining CC+?

CC+ is just what it sounds like, a Creative Commons license plus another agreement. A copyright holder might pair a Creative Commons Attribution-NonCommercial license [CC] with a non-exclusive commercial agreement [+] enabling a company to license the work commercially for a fee.

Isn't CC+ just a technological facilitation of dual licensing?

Yes. A copyright holder who uses a Creative Commons license is already adding a license on top of their copyright. CC+ can make it easier for that copyright-holder to add other non-exclusive licenses/agreements as alternatives.

External Links

How do you get involved?

Jump on over to the CC-Community and/or CC-Licenses email lists for further discussion on CCPlus.

Retrieved from "https://wiki.creativecommons.org/index.php?title=CCPlus&oldid=116531"

Navigation menu

#####EOF##### Creative Commons — Namensnennung - Weitergabe unter gleichen Bedingungen 3.0 Unported — CC BY-SA 3.0
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Creative Commons Konzessionsurkunde

Namensnennung - Weitergabe unter gleichen Bedingungen 3.0 Unported (CC BY-SA 3.0)

Dies ist eine allgemeinverständliche Zusammenfassung der Lizenz (die diese nicht ersetzt). Haftungsbeschränkung.

Sie dürfen:

  • Bearbeiten — das Material remixen, verändern und darauf aufbauen
  • und zwar für beliebige Zwecke, sogar kommerziell.
  • Der Lizenzgeber kann diese Freiheiten nicht widerrufen solange Sie sich an die Lizenzbedingungen halten.

Unter folgenden Bedingungen:

  • Namensnennung — Sie müssen angemessene Urheber- und Rechteangaben machen, einen Link zur Lizenz beifügen und angeben, ob Änderungen vorgenommen wurden. Diese Angaben dürfen in jeder angemessenen Art und Weise gemacht werden, allerdings nicht so, dass der Eindruck entsteht, der Lizenzgeber unterstütze gerade Sie oder Ihre Nutzung besonders.

  • Weitergabe unter gleichen Bedingungen — Wenn Sie das Material remixen, verändern oder anderweitig direkt darauf aufbauen, dürfen Sie Ihre Beiträge nur unter derselben Lizenz wie das Original verbreiten.

  • Keine weiteren Einschränkungen — Sie dürfen keine zusätzlichen Klauseln oder technische Verfahren einsetzen, die anderen rechtlich irgendetwas untersagen, was die Lizenz erlaubt.

Hinweise:

  • Sie müssen sich nicht an diese Lizenz halten hinsichtlich solcher Teile des Materials, die gemeinfrei sind, oder soweit Ihre Nutzungshandlungen durch Ausnahmen und Schranken des Urheberrechts gedeckt sind.
  • Es werden keine Garantien gegeben und auch keine Gewähr geleistet. Die Lizenz verschafft Ihnen möglicherweise nicht alle Erlaubnisse, die Sie für die jeweilige Nutzung brauchen. Es können beispielsweise andere Rechte wie Persönlichkeits- und Datenschutzrechte zu beachten sein, die Ihre Nutzung des Materials entsprechend beschränken.
#####EOF##### Privacy Policy (pre 2009-07-23) - Creative Commons
Creative Commons > Privacy Policy > Privacy Policy (pre 2009-07-23)

Privacy Policy (pre 2009-07-23)

This Privacy Policy (“Privacy Policy”) explains the collection, use, and disclosure of “personal information” by Creative Commons Corporation (“CC” or “Creative Commons”), a Massachusetts Corporation, with its principal place of business at 171 Second St, Suite 300, San Francisco, 94150, USA, through the websites that Creative Commons operates at https://creativecommons.net (the “ccNet Website”), http://creativecommons.org, and http://sciencecommons.org, (collectively, together with all sub-domains thereof, the “Websites”). Any “personal information” that Creative Commons collects via our ccMixter site (http://ccmixter.org) is handled in accordance with our ccMixter Privacy Policy (http://ccmixter.org/privacy). For avoidance of doubt, this Privacy Policy does not apply to any of the websites operated by international affiliates of Creative Commons.

This Privacy Policy also explains our commitment to you with respect to our use and disclosure of non personal browsing and site usage data that Creative Commons collects as the provider of the Websites and an OpenID service provider. That commitment is contained in a “Data Usage Policy,” below.

As used in this policy, “personal information” means information that would allow a party to identify you such as, for example, your name, address or location, telephone number or email address.

By accessing the Websites or using Creative Commons as your OpenID service provider, you are accepting the practices described in this Privacy Policy.

Our Principles

Creative Commons is committed to handling responsibly the information and data we collect about you through our Websites, whether personal information or non personal browsing and site usage data. We have designed our Privacy Policy and our Data Usage Policy consistent with the following principles (the “Principles”):

  1. Privacy policies and data collection and use policies should be human readable, comprehensive, and easy to locate;
  2. Only the minimum amount of information reasonably necessary to provide you with services should be collected and maintained, and only for so long as reasonably needed;
  3. Information you provide through our Websites, or that we gather as a result of your use of our Websites or OpenID services, should not be used for marketing or advertising purposes, nor should it be provided voluntarily (without your permission) to anyone else unless required; and
  4. Unless restricted or prohibited by law, you should be notified when Creative Commons is required to provide a third party with your personal information.

Personal Information CC Collects

We collect personal information at several places on the Websites, including without limitation:

  • in connection with your selection of one of our licenses, your selection of a Public Domain Dedication or your application for Founder’s Copyright;
  • when you provide us with your personal information such as by sending an email to us or signing up to receive a newsletter or our events listing;
  • when you subscribe to one of our email discussion lists or establish a Wiki account;
  • when you donate money to us or purchase merchandise; and
  • when you join the Creative Commons network through our ccNet Website, and when you thereafter create/edit your profile page, identify your content, share your story, and/or establish a Creative Commons OpenID.

What CC does with the Personal Information

License/Tool Selection. We use the personal information you provide to us as part of your selection of one of our licenses to provide you the RDF, html, and the Uniform Resource Locator that correspond to the license you selected. Your email address is expunged after this email has been successfully sent. If you choose a Public Domain Dedication, we use your personal information to provide you with the dedication information, and your email address and other information is expunged from our logs after this email has been successfully sent. If you apply for a Founder’s Copyright, we use and retain your personal information to provide you with the relevant agreement, to process your application and manage your Founder’s Copyright. We may use all of this information to maintain license usage data.

Emails and Newsletters. We use the personal information you provide to us when you send us emails or sign up to receive our newsletter or events listing in order to respond to your request — for example, to reply to your email or to send you communications about news and events related to Creative Commons.

When you subscribe to our newsletter, events list or one of our email discussion lists, your name and email address is sent to and stored by ibiblio.org (http://www.ibiblio.org/), a collaboration between the Center for the Public Domain (http://www.centerforthepublicdomain.org/) and the University of North Carolina – Chapel Hill (http://www.unc.edu/). Personal information submitted as part of our email discussion lists is used for the purpose managing the discussion lists. Your name and email address will typically be visible to other list participants when you correspond on the list and to the general public in the discussion archives. All emails sent to the discussions list are publicly archived.

Donations. When you donate money to us or purchase merchandise via our support page, your personal information will be handled in one of two ways, depending on which option you choose.

  1. If you purchase a t-shirt or other merchandise from Creative Commons, we will use your personal information for the purpose of sending you the items you purchased.
  2. You may donate money to Creative Commons directly or through a variety of on-line payment sites, including PayPal, the Amazon Honor System, Just-Give.org, Good Search, Network for Good, and Mission Fish, among others. When you use any of those websites and services to donate to CC, your personal information is sent to, handled by and stored by those websites in accordance with their respective privacy policies and terms of use. You should read and understand the privacy policy and terms of use of any website you use to donate to Creative Commons. When you donate money to Creative Commons directly, we use your personal information to process your donation.

Regardless of the method by which you donate to Creative Commons or purchase a t-shirt or other merchandise, we additionally use the personal information you provide for the purpose of contacting you about upcoming news and events relevant to Creative Commons. When we contact you for the first time after your donation, we will use reasonable means to give you the option to choose not to be contacted in this manner again. When you donate money as part of one of CC’s fundraising campaigns, your name will be published on our “supporters page” unless you request otherwise.

ccNet Website. When you join our network you provide personal information to create your account and establish a password and profile, and to create an OpenID. We use that personal information to establish and maintain your accounts, provide you with the features we provide for account holders, to act as your OpenID service provider, and for the purpose of contacting you about upcoming news and events relevant to Creative Commons.

By joining the Creative Commons Network, you are also given a public profile page where you can post personal information for public viewing. The information that you submit on your public profile page, including but not limited to information you provide in the field “Your CC Story” and any photograph or image of yourself you upload, is posted by you at your discretion (although subject to CC’s Terms of Use). The information you publish on your public profile page, including your personal information, may be used by anyone who views that information for any lawful purpose, with the exception of the text you insert in the “Your CC Story” field and any photograph or image of yourself that you upload, which if you choose to provide in either case must be licensed under and becomes subject to the terms and conditions of the Creative Commons Attribution 3.0 Unported license, as stated on the Edit Profile page. CC may use the personal and non personal information you provide in your public profile, including the text in the “Your CC Story” field (subject to the terms of that license), to promote the mission of Creative Commons and the ccNet Website.

Any other personal information that we may collect which is not described specifically in this Privacy Policy will only be collected and used in accordance with the Principles.

Disclosures of Personal Information

In general, it is not Creative Commons’ practice to disclose personal information to third parties. We may share personal information in two instances:

  • First, Creative Commons may share personal information with our contractors and service providers in order to maintain, enhance, or add to the functionality of the Websites or the OpenID service.
  • Second, we may disclose your personal information to third parties in a good faith belief that such disclosure is reasonably necessary to (a) take action regarding suspected illegal activities; (b) enforce or apply our Terms of Use and Privacy Policy; (c) comply with legal process, such as a search warrant, subpoena, statute, or court order; or (d) protect our rights, reputation, and property, or that of our users, affiliates, or the public.

If Creative Commons is required to provide a third party with your personal information (whether by subpoena or otherwise), then CC will use reasonable means to notify you promptly of that event, unless prohibited by law or CC is otherwise advised not to notify you on the advice of legal counsel.

Security of Personal Information Collected via the Websites; OpenID

Creative Commons has implemented reasonable measures to protect against unauthorized access to and unlawful interception or processing of personal information that Creative Commons stores and controls. However, no website can fully eliminate security risks. Third parties may circumvent our security measures to unlawfully intercept or access transmissions or private communications. We will post a reasonably prominent notice to the Websites if any such security breach occurs.

OpenID, including Creative Commons OpenID services, has security risks in addition to those described above. Among other things, OpenID is vulnerable to DNS attacks, and using OpenID may increase the risk of phishing. See About OpenID for more information about the types and levels of risks associated with OpenID.

Data Usage Policy: Non Personal Browsing and Site Usage Information

Our Data Usage Policy covers how we maintain and use information about you that is collected by our Websites and server logs, including when you log into a website using your Creative Commons OpenID.

Non Personal Information We Collect. When you use the Websites, our servers (which may be hosted by a third party service provider) may collect information indirectly and automatically (through, for example, the use of your “IP address”) about your activities while visiting the Websites and information about the browser you are using. In addition, whenever you use your Creative Commons OpenID to log into a website, our servers (which, again, may be hosted by a third party service provider) keep a log of the websites you visit and when you visit them.

No Linking. We do not intentionally link browsing information or information from our OpenID server logs to the personal information you submit to us. We use this information for internal purposes only, such as to help understand how the Websites are being used, to improve our Websites and the features we provide, and for systems administration purposes. CC may use a third party analytics provider to help us collect and analyze non personal information through operation of our Websites for those same purposes; however, we will never use a third party analytics provider to collect or analyze any information through our operations as an OpenID service provider.

No Selling or Sharing. Except in the unique situations identified in this Privacy Policy, Creative Commons does not sell or otherwise voluntarily provide the non personal information we collect about you or your website usage to third parties.

No Access. As an OpenID service provider, CC could technically access your web-based account tied to our OpenID service, and could log in on behalf of any of its OpenID users to any of the accounts they have accessed using their Creative Commons OpenID. Creative Commons will never use this technical login ability for any purpose unless otherwise required by law.

No Retention. CC discards non personal information from our OpenID server logs once we have used the information for the limited purposes noted above, under “No Linking.”

Notice. If Creative Commons is required to provide a third party with your non personal information or to log in on behalf of an OpenID user (whether by subpoena or otherwise), then CC will use reasonable means to notify you promptly of that event, unless CC is prohibited by law from doing so or is otherwise advised not to notify you on the advice of legal counsel.

Any other non-personal information that we collect which is not described specifically in this Privacy Policy will only be collected and used in accordance with the Principles.

Reorganization or Spin-Offs

Creative Commons may transfer some or all of your personal and/or non personal information to a third party as a result of a reorganization, spin-off or similar transaction. Upon such transfer, the acquirer’s privacy policy will apply. In such event, Creative Commons will use reasonable efforts to notify you and to ensure that at the time of the transaction the acquirer’s privacy policy complies with the Principles.

Children

Consistent with the federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personal information from anyone under the age of 13 without requiring parental consent. Any person who provides their personal information to CC through the Websites represents that they are 13 years of age or older.

Third-Party Sites

The Websites may include links to other websites. You should consult the respective privacy policies of these third-party sites. This Privacy Policy does not apply to, and we cannot control the activities of, such other websites.

Special Note to International Users

The Websites are hosted in the United States. If you are accessing the Websites from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use and disclosure that differ from United States laws, please note that you are transferring your personal data to the United States which does not have the same data protection laws as the EU and other regions. By providing your personal data you consent to:

  • the use of your personal data for the uses identified above in accordance with the Privacy Policy; and
  • the transfer of your personal data to the United States as indicated above.

Changes and Updates to this Privacy Policy

We may occasionally update this Privacy Policy. When we do, we will also revise the Effective Date below. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the personal information we collect. Your continued use of the Websites constitutes your agreement to this Privacy Policy and any updates.

Questions?

If you have questions about this Privacy Policy, please contact us by email at info@creativecommons.org.

Effective Date: October 15, 2008 (Prior Privacy Policy)

#####EOF##### ShareAlike compatibility analysis: FAL - Creative Commons

ShareAlike compatibility analysis: FAL

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The Free Art License (FAL) was published by Copyleft Attitude in 2000. The most recent version - version 1.3 - was published in 2007. The FAL is a copyright license with a ShareAlike mechanism and an attribution mechanism, and it does not violate the definition of Free Cultural Licenses. Thus, it satisfies the minimum criteria for compatibility set forth in our ShareAlike compatibility criteria. Overall, the FAL and BY-SA 4.0 are similar licenses, and the effect of each license as applied to a creative work is largely the same. Inevitably, there are differences between the two licenses, which are explained in more detail below.

Summary of comparison: FAL 1.3[1] and BY-SA 4.0

  • The tone and scope of the licenses differ. The FAL is written more broadly and in general terms, and is designed for use with creative works protected by copyright. BY-SA is written in more specific terms, and is designed for use with creative works as well as material restricted by other rights closely related to copyright, such as databases protected by a sui generis right. Although the FAL licenses only copyright, it does have a provision preventing licensors from using related rights to prevent exercise of the rights granted under the license. BY-SA, on the other hand, contains an open ended definition of the rights that are licensed, but expressly excludes certain types of rights from the reach of the license.[2] As to those rights that are licensed, BY-SA requires compliance with its conditions (attribution, ShareAlike) even when those rights, and not copyright, are implicated.
  • The specific attribution and marking requirements in the two licenses vary slightly. BY-SA has more total necessary elements for proper attribution, though it allows for flexibility depending on the context in which the work is used. Despite having fewer total attribution and marking requirements, the FAL does have some requirements that are not included in BY-SA, such as indicating where the licensed content can be found or how the licensed content was modified.
  • The FAL does not expressly address the application of digital rights management (DRM) or other effective technological measures to the licensed content by licensees, while BY-SA explicitly prohibits it. The FAL does, however, prohibit anything that has the effect of preventing others from exercising the freedoms granted by the license, which implicitly includes DRM.
  • Both licenses terminate automatically upon breach, but BY-SA is reinstated automatically if the breach is cured within 30 days of discovery. The FAL does not have an automatic reinstatement mechanism.
  • The FAL gives licensees the option to comply with a later version of the FAL, regardless of whether the work has been adapted. BY-SA allows licensees to comply with the conditions of future versions of BY-SA, but only if such version was applied to an adaptation of the work.
Features BY-SA 4.0 FAL
License scope Copyright, neighboring rights and sui generis database rights (SGDRs) (Sec 1d) Copyright only, but related rights may not challenge rights granted by license (Secs 2, 3)
Attribution trigger If there is applicable copyright in work, then when work or adaptation of work is shared. (Sec 3a)


If there are applicable SGDRs in work, then when all or a substantial portion of database contents is shared. (Sec 4c)

 When work (modified or not) is distributed (Sec 2.2)
Attribution removal clause Yes (Sec 3a3) No
Attribution elements
  1. creator and attribution parties
  2. copyright notice
  3. license notice
  4. disclaimer notice
  5. URI or link to the licensed material
  6. indicate and link to license

(Sec 3a1)
  1. name of author(s),
  2. attach license to work or indicate where license can be found
  3. info on where to access the originals

(Sec 2.2)
Special marking requirement if work is modified Yes (indicate if you modified and retain indication of previous modifications) (Sec 3a1B) Yes (indicate if you modified and what type of modifications were made) (Sec 2.3)
ShareAlike trigger When adaptation is shared (Sec 3b) When you distribute an adaptation (Sec 2.3)
ShareAlike scope Must ShareAlike contributions to adaptations (Sec 3b);


Must ShareAlike database if it incorporates substantial portion of database contents (Sec 4b)

 Must ShareAlike contributions to adaptations (Sec 2.3)


Must ShareAlike larger work if incorporate original in a way that makes it no longer accessible apart from larger work (Sec 4)
Source requirement None None
Effective technological measures May not be applied by licensees if they restrict access to the work or adaptations (Sec 2a5C)


Licensees have express permission to circumvent if applied by licensor (Sec 2a4)

 Not expressly mentioned, but may not be applied by licensees if they restrict users freedoms to copy (2.1), to distribute (2.2.) or to modify (2.3) the work
Moral rights Waived only to the extent necessary to allow the license to function. (Sec 2b1) Author’s rights may not challenge the rights granted by license. (Sec 3)
Termination Automatic upon breach (Sec 6a) Automatic upon breach (Sec 8)
Reinstatement after termination Requires express permission unless cured within 30 days of discovery of violation (Sec 6b) None
Reps & warranties Expressly disclaimed (Sec 5) Not mentioned
Choice of law None None
Option to comply with other license versions Yes, but limited. Licensees may choose to comply with a later version of BY-SA if such version is applied to an adaptation of the work.

(Secs 2a5B, 3b1)

 Yes, licensees may choose to comply with the version of the FAL that was applied to the copy distributed to them or a later version. (Sec 9)


Notes

  1. ↑ Note that CC reviewed the English language version of the FAL 1.3 to conduct this analysis.
  2. ↑ The rights expressly excluded from the license are moral rights, publicity, privacy and personality rights, and patent and trademark rights. The licensor waives and/or cannot assert all of these rights except patent and trademark rights.
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#####EOF##### Frequently Asked Questions - Creative Commons
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Frequently Asked Questions

2019-04-02 14:07:11 UTC

These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information.

  • Other CC FAQs: CC0 Public Domain Dedication and Public Domain Mark.
  • “Licensor”, “rights holder”, “owner”, and “creator” may be used interchangeably to refer to the person or entity applying a CC license.
  • Information about the licenses is primarily made with reference to the 4.0 suite, but earlier license versions are mentioned where they differ.
  • Have a question that isn’t answered here? Contact info@creativecommons.org.

Creative Commons does not provide legal advice. This FAQ is for informational purposes and is not a substitute for legal advice. It may not cover important issues that affect you. You should consult with your own lawyer if you have questions.

About CC

What is Creative Commons and what do you do?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. Our legal tools help those who want to encourage reuse of their works by offering them for use under generous, standardized terms; those who want to make creative uses of works; and those who want to benefit from this symbiosis. Our vision is to help others realize the full potential of the internet. CC has affiliates all over the world who help ensure our licenses work internationally and who raise awareness of our work.

Although Creative Commons is best known for its licenses, our work extends beyond just providing copyright licenses. CC offers other legal and technical tools that also facilitate sharing and discovery of creative works, such as CC0, a public domain dedication for rights holders who wish to put their work into the public domain before the expiration of copyright, and the Public Domain Mark, a tool for marking a work that is in the worldwide public domain. Creative Commons licenses and tools were designed specifically to work with the web, which makes content that is offered under their terms easy to search for, discover, and use.

For more information about CC, our main website contains in-depth information about the organization, its staff and board of directors, its history, and its supporters. You can also read CC case studies to learn about some of the inspiring ways CC licenses and tools have been used to share works and support innovative business models. You can find regularly updated information about CC by visiting the blog.

Absolutely not. CC has responded to claims to the contrary. CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

That said, Creative Commons recognizes the need for change in copyright law, and many members of the Creative Commons community are active participants in the copyright reform movement. For more information, see our statement in support of copyright reform.

What does “Some Rights Reserved” mean?

Copyright grants to creators a bundle of exclusive rights over their creative works, which generally include, at a minimum, the right to reproduce, distribute, display, and make adaptations. The phrase “All Rights Reserved” is often used by owners to indicate that they reserve all of the rights granted to them under the law. When copyright expires, the work enters the public domain, and the rights holder can no longer stop others from engaging in those activities under copyright, with the exception of moral rights reserved to creators in some jurisdictions. Creative Commons licenses offer creators a spectrum of choices between retaining all rights and relinquishing all rights (public domain), an approach we call “Some Rights Reserved.”

No. Creative Commons is not a law firm and does not provide legal advice or legal services. CC is similar to a self-help service that offers free, form-based legal documents for others to use. These FAQ answers many of the most common questions. There is also specialized information available on the following pages:

While CC does provide this informational guidance about its licenses and other tools, this information may not apply to your particular situation, and should never be taken as legal advice.

If you’re looking for legal advice about using CC licenses and other tools, we recommend contacting the Creative Commons affiliate in your jurisdiction. CC affiliates are highly connected to the communities of copyright lawyers in their countries. We also offer a list of lawyers and organizations who have identified themselves as willing to provide information to others about CC licensing issues. However, please note that CC does not provide referral services, and does not endorse or recommend any person on that list.

Does Creative Commons collect or track material licensed under a CC license?

No, CC does not collect content or track licensed material. However, CC builds technical tools that help the public search for and use works licensed under our licenses and other legal tools, and many others have built such tools as well. CC Search is one tool developed by CC to help the public discover works offered under Creative Commons licenses on the internet via CC-aware search engines and repositories.

What do the Creative Commons buttons do?

The CC buttons are a shorthand way to convey the basic permissions associated with material offered under CC licenses. Creators and owners who apply CC licenses to their material can download and apply those buttons to communicate to users the permissions granted in advance. When the material is offered online, the buttons should usually link out to the human-readable license deeds (which, in turn, link to the license itself).

May I use the Creative Commons logo and buttons?

You may download high resolution versions of the Creative Commons logos and use them in connection with your work or your website, provided you comply with our policies. Among other things, if you use the logos on a website or on your work, you may not alter the logos in any respect—such as by changing the font, the proportions, or the colors. CC’s buttons, name, and corporate logo (the “CC” in a circle) are trademarks of Creative Commons. You cannot use them in ways not permitted by our policies unless you first receive express, written permission. This means, for example, that you cannot (without our permission) print your own buttons and t-shirts using CC logos, although you can purchase them in CC’s store.

I love Creative Commons. How can I help?

Please support CC by making a donation through our support page. Donations can be handled through PayPal or by credit card. You can also support CC by visiting our store.

CC always welcomes your feedback, which you can provide by emailing . You can also participate in CC’s email discussion lists and share feedback and ideas in one of those forums.

If you are a software developer, sysadmin, or have other technical expertise, please join our developer community and help build the tools that build the commons.

Finally, one of the best ways to support CC is by supporting our causes yourself. Follow our blog to find out about current issues where you can help get involved and spread the word, and advocate for free and open licensing in your own communities.

Why does Creative Commons run an annual fundraising campaign? What is the money used for and where does it go?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, with affiliates all over the world who help ensure our licenses work internationally and raise awareness about our work. Our tools are free, and our reach is wide.

In order to…

  • continue developing our licenses and public domain tools to make sure they are legally and technically up-to-date around the world,
  • help creators implement these tools on websites through best practices and individual assistance,
  • enable CC licensing on major content-sharing platforms,
  • enhance CC-licensed resource search and discovery,
  • advocate for CC licensing and open policies in education, science, and culture, and
  • myriad other activities we’re forgetting to mention, such as all the everyday boring but essential operations that go into running an organization

…we need $ to make it all happen! For more information, please take a look at our Annual Report.

Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. It is essential we have the public’s support because it is the creators and users of CC material who make our tools relevant in this digital age. They depend on the tools and services CC provides through their reuse and remix of the rich, open resources available on Wikipedia, Flickr, SoundCloud, Vimeo, Europeana, MIT OpenCourseWare, the Library of Science, Al Jazeera, and YouTube—just to name a few. Many of these people donate $10, $25, or $50 to CC, to help keep it up and running so we can continue to provide our tools and services for free, as a nonprofit organization. The more people who donate to CC, the more independent it will remain.

General License Information

What are Creative Commons licenses?

Creative Commons licenses provide an easy way to manage the copyright terms that attach automatically to all creative material under copyright. Our licenses allow that material to be shared and reused under terms that are flexible and legally sound. Creative Commons offers a core suite of six copyright licenses. Because there is no single “Creative Commons license,” it is important to identify which of the six licenses you are applying to your material, which of the six licenses has been applied to material that you intend to use, and in both cases the specific version.

All of our licenses require that users provide attribution (BY) to the creator when the material is used and shared. Some licensors choose the BY license, which requires attribution to the creator as the only condition to reuse of the material. The other five licenses combine BY with one or more of three additional license elements: NonCommercial (NC), which prohibits commercial use of the material; NoDerivatives (ND), which prohibits the sharing of adaptations of the material; and ShareAlike (SA), which requires adaptations of the material be released under the same license.

CC licenses may be applied to any type of work, including educational resources, music, photographs, databases, government and public sector information, and many other types of material. The only categories of works for which CC does not recommend its licenses are computer software and hardware. You should also not apply Creative Commons licenses to works that are no longer protected by copyright or are otherwise in the public domain. Instead, for those works in the worldwide public domain, we recommend that you mark them with the Public Domain Mark.

How do CC licenses operate?

CC licenses are operative only when applied to material in which a copyright exists, and even then only when a particular use would otherwise not be permitted by copyright. Note that the latest version of CC licenses also applies to rights similar to copyright, such as neighboring rights and sui generis database rights. Learn more about the scope of the licenses. This means that CC license terms and conditions are not triggered by uses permitted under any applicable exceptions and limitations to copyright, nor do license terms and conditions apply to elements of a licensed work that are in the public domain. This also means that CC licenses do not contractually impose restrictions on uses of a work where there is no underlying copyright. This feature (and others) distinguish CC licenses from some other open licenses like the ODbL and ODC-BY, both of which are intended to impose contractual conditions and restrictions on the reuse of databases in jurisdictions where there is no underlying copyright or sui generis database right.

All CC licenses are non-exclusive: creators and owners can enter into additional, different licensing arrangements for the same material at any time (often referred to as “dual-licensing” or “multi-licensing”). However, CC licenses are not revocable once granted unless there has been a breach, and even then the license is terminated only for the breaching licensee.

There are also videos and comics that offer visual descriptions of how CC licenses work.

Which is the latest version of the licenses offered by Creative Commons?

In November 2013, Creative Commons published the version 4.0 license suite. These licenses are the most up-to-date licenses offered by CC, and are recommended over all prior versions. You can see how the licenses have been improved over time on the license versions page. 4.0 has been drafted to be internationally valid, and will have official translations becoming available after publication.

No. By design, CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions. This is a fundamental principle of CC licensing.

Who gives permission to use material offered under Creative Commons licenses?

Our licenses and legal tools are intended for use by anyone who holds copyright in the material. This is often, but not always, the creator.

Creative Commons offers licenses and tools to the public free of charge and does not require that creators or other rights holders register with CC in order to apply a CC license to a work. This means that CC does not have special knowledge of who uses the licenses and for what purposes, nor does CC have a way to contact creators beyond means generally available to the public. CC has no authority to grant permission on behalf of those persons, nor does CC manage those rights on behalf of others.

If you would like to obtain additional permissions to use the work beyond those granted by the license that has been applied, or if you’re not sure if your intended use is permitted by the license, you should contact the rights holder.

Are Creative Commons licenses enforceable in a court of law?

Creative Commons licenses are drafted to be enforceable around the world, and have been enforced in court in various jurisdictions. To CC’s knowledge, the licenses have never been held unenforceable or invalid.

CC licenses contain a “severability” clause. This allows a court to eliminate any provision determined to be unenforceable, and enforce the remaining provisions of the license.

What happens if someone applies a Creative Commons license to my work without my knowledge or authorization?

CC alerts prospective licensors they need to have all necessary rights before applying a CC license to a work. If that is not the case and someone has marked your work with a CC license without your authorization, you should contact that person and tell them to remove the license from your work. You may also wish to contact a lawyer. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What are the international (“unported”) Creative Commons licenses, and why does CC offer “ported” licenses?

One of CC’s goals is ensuring that all of its legal tools work globally, so that anyone anywhere in the world can share their work on globally standard terms. To this end, CC offers a core suite of six international copyright licenses (formerly called the “unported”) that are drafted based largely on various international treaties governing copyright, taking into account as many jurisdiction-specific legal issues as possible. The latest version (4.0) has been drafted with particular attention to the needs of international enforceability.

For version 3.0 and earlier, Creative Commons has also offered ported versions of its six core licenses for many jurisdictions (which usually correspond to countries, but not always). These ported licenses are based on the international license suite but have been modified to reflect local nuances in the expression of legal terms and conditions, drafting protocols, and language. The ported licenses and the international licenses are all intended to be legally effective everywhere. CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

Can governments and intergovernmental organizations (“IGOs”) use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors’ overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the “machine readable” layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]”; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you’re uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC’s Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC’s legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC’s Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and running pilot programs that allow creators to use CC licenses in some circumstances.

If you are already a member of a collecting society and want to use CC licenses, you are welcome to encourage your collecting society to give you the option of Creative Commons licensing.

Can I still make money from a work I make available under a Creative Commons license?

Yes. One of our goals is to encourage creators and rights holders to experiment with new ways to promote and market their work. There are several possible ways of doing this.

CC’s NonCommercial (NC) licenses allow rights holders to maximize distribution while maintaining control of the commercialization of their works. If you want to reserve the right to commercialize your work, you may do this by choosing a license with the NC condition. If someone else wants to use your work commercially and you have applied an NC license to your work, they must first get your permission. As the rights holder, you may still sell your own work commercially.

You may also use funding models that do not depend on using an NC license. For example, many artists and creators use crowdfunding to fund their work before releasing it under a less restrictive license. Others use a “freemium” model where the basic content is free, but extras such as a physical printed version or special access to a members-only website are for paying customers only.

For more information and ideas, The Power of Open presents case studies of artists, businesspeople, and organizations who use CC.

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

No. CC licenses allow for flexibility in the way credit is provided depending on the medium, means, and context in which a licensee is redistributing licensed material. For example, providing attribution to the creator when using licensed material in a blog post may be different than doing so in a video remix. This flexibility facilitates compliance by licensees and reduces uncertainty about different types of reuse—minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded.

Can I change the license terms or conditions?

Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons” or “CC” license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials. Keep in mind that altering terms and conditions is distinct from waiving existing conditions or granting additional permissions than those in the licenses. Licensors may always do so, and many choose to do so using the CC+ protocol to readily signal the waiver or additional permission on the CC license deed.

CC does not assert copyright in the text of its licenses, so you are permitted to modify the text as long as you do not use the CC marks to describe it. However, we do not recommend this. We also advise against modifying our licenses through indirect means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other material. This would prevent licensees from using, combining, or remixing content under your customized license with other content under the same or compatible CC licenses.

Modifying licenses creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.

Can I waive license terms or conditions?

Yes. You may always choose to waive some license terms or conditions. Material licensed under a CC license but with additional permissions granted or conditions waived may be compatibly licensed with other material under the same license. Our CC+ protocol provides a mechanism for facilitating that grant or waiver.

Can I enter into separate or supplemental agreements with users of my work?

Yes. CC licenses are nonexclusive. Licensors always have the option of entering into separate arrangements for the sharing of their material in addition to applying a CC license. However, those different arrangements are not “CC” or “Creative Commons” licenses.

Separate agreements: You may offer the licensed material under other licenses in addition to the CC license (a practice commonly referred to as “dual licensing”). For example, you may wish to license a video game soundtrack under both a CC license and the GPL, so that it may be used under either set of terms. A reuser may then choose which set of terms to comply with. Or, for example, you may offer your material to the public under a NonCommercial license, but offer commercial permissions to fee-paying customers.

Supplemental agreements: Problems arise when licensors design those terms or arrangements to serve not as separate, alternative licensing arrangements but as supplemental terms having the effect of changing the standard terms within the CC license. While you may offer separate terms and conditions to other parties, you should not do so in such a way that would neutralize terms of the CC license.

Except in the limited situation where more permissions are being granted or license conditions are waived, if the additional arrangement modifies or conflicts with the CC license terms, then the resulting licensing arrangement is no longer a CC licensing arrangement. To avoid confusing those who may mistakenly believe the work is licensed under standard CC terms, we must insist that in these instances licensors not use our trademarks, names, and logos in connection with their custom licensing arrangement.

It should be noted that any agreements you make with other parties only have an effect on the other parties to that agreement, and do not apply to anyone else receiving the licensed material. For example, if there are terms of use that apply to visitors to your website on which you host CC-licensed material, your terms of use may apply to visitors to that website, but not to anyone who receives copies of the CC-licensed material elsewhere. Even for the visitors to your website, any separate terms and conditions do not become part of the license—they remain a separate contractual agreement, and violation of this agreement does not constitute copyright infringement.

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

A CC license terminates automatically when its conditions are violated. For example, if a reuser of CC-licensed material does not provide the attribution required when sharing the work, then the user no longer has the right to continue using the material and may be liable for copyright infringement. The license is terminated for the user who violated the license. However, all other users still have a valid license, so long as they are in compliance.

Under the 4.0 licenses, a licensee automatically gets these rights back if she fixes the violation within 30 days of discovering it.

If you apply a Creative Commons license and a user violates the license conditions, you may opt to contact the person directly to ask them to rectify the situation or consult a lawyer to act on your behalf. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

As long as users abide by license terms and conditions, licensors cannot control how the material is used. However, CC licenses do provide several mechanisms that allow licensors to choose not to be associated with their material or to uses of their material with which they disagree.

First, all CC licenses prohibit using the attribution requirement to suggest that the licensor endorses or supports a particular use. Second, licensors may waive the attribution requirement, choosing not to be identified as the licensor, if they wish. Third, if the licensor does not like how the material has been modified or used, CC licenses require that the licensee remove the attribution information upon request. (In 3.0 and earlier, this is only a requirement for adaptations and collections; in 4.0, this also applies to the unmodified work.) Finally, anyone modifying licensed material must indicate that the original has been modified. This ensures that changes made to the original material–whether or not the licensor approves of them–are not attributed back to the licensor.

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

The use of any effective technical protection measures (such as digital rights management or “DRM”) by licensees to prevent others from exercising the licensed rights is prohibited.

Not all kinds of encryption or access limitations are prohibited by the licenses. For example, sending content via email and encrypting it with the recipient’s public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a particular set of users (for example, by requiring a username and password to enter a site) does not restrict further use of the content by the recipients. In these examples, these things do not prevent the recipient from exercising all of the rights granted by the license, including the right to redistribute it further.

If someone is applying effective technological measures to your CC-licensed material that do restrict exercise of the licensed rights (such as applying DRM that restricts copying), this is a violation of the license terms unless you have chosen to grant this permission separately.

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

No. CC licenses grant permission to use the licensed material in any media or format regardless of the format in which it has been made available. This is true even if you have applied a NoDerivatives license to your work. Once a CC license is applied to a work in one format or medium, a licensee may use the same work in any other format or medium without violating the licensor’s copyright.

What if I change my mind about using a CC license?

CC licenses are not revocable. Once something has been published under a CC license, licensees may continue using it according to the license terms for the duration of applicable copyright and similar rights. As a licensor, you may stop distributing under the CC license at any time, but anyone who has access to a copy of the material may continue to redistribute it under the CC license terms. While you cannot revoke the license, CC licenses do provide a mechanism for licensors to ask that others using their material remove the attribution information. You should think carefully before choosing a Creative Commons license.

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

CC offers six core licenses, each of which grants a different set of permissions. Before you use CC-licensed material, you should review the terms of the particular license to be sure your anticipated use is permitted. If you wish to use the work in a manner that is not permitted by the license, you should contact the rights holder (often the creator) to get permission first, or look for an alternative work that is licensed in a way that permits your anticipated use. Note that if you use material in a way that is not permitted by the applicable license and your use is not otherwise permitted by an applicable copyright exception or limitation, the license is automatically terminated and you may be liable for copyright infringement, even if you are eligible to have your rights reinstated later.

Before using material offered under a Creative Commons license, you should know that CC licenses only grant permissions needed under copyright and similar rights, and there may be additional rights you need to use it as intended. You should also understand that licensors do not offer warranties or guarantees about the material they are licensing unless expressly indicated otherwise. All materials are licensed “AS IS” and a disclaimer of warranties applies unless expressly provided otherwise. If you want to ask for a warranty or guarantee about rights to use the material, you should talk with the licensor before using it.

Does a Creative Commons license give me all the rights I need to use the work?

It depends. CC licenses do not license rights other than copyright and similar rights (which include sui generis database rights in version 4.0). For example, they do not license trademark or patent rights, or the publicity, personality, and privacy rights of third parties. However, licensors agree to waive or not assert any moral rights, publicity rights, personality rights, or privacy rights they themselves hold, to the limited extent necessary to allow exercise of the licensed rights. Any rights outside of the scope of the license may require clearance (i.e., permission) in order to use the work as you would like.

Additionally, creative works sometimes incorporate works owned by others (known as “third party content”), often used pursuant to a CC license or under an exception or limitation to copyright such as fair use in the U.S. You should make sure you have permission to use any third party content contained in the work you want to use, or that your use is otherwise allowed under the laws of your jurisdiction, particularly in cases such as fair use where your right to use the content depends on the particular context in which you plan to use it.

All CC licenses contain a disclaimer of warranties, meaning that the licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work. You may wish to obtain legal advice before using CC-licensed material if you are not sure whether you have all the rights you need.

What if there are sui generis database rights that apply to my use of a CC-licensed database?

In the somewhat limited circumstances where sui generis database rights apply to your use, special conditions apply and there are more specific considerations you should be aware of. Under 4.0, sui generis database rights are licensed alongside copyright, but the treatment in earlier versions of the license varies. A fuller explanation of these variations and related considerations is available in the Data FAQ.

Where can I find material offered under a CC license?

If you are looking for material offered under a Creative Commons license, CC Search is a good starting point. There is also a directory of organizations and individuals who use CC licenses. Some media sites, such as Flickr, have search filters for material licensed using CC’s licenses.

Be sure to confirm that the material you want to use is actually under a CC license, as search results may sometimes be misleading.

Are Creative Commons works really free to use?

Yes. While many if not most CC-licensed works are available at no cost, some licensors charge for initial access to CC-licensed works—for example, by publishing CC-licensed content only to subscribers, or by charging for downloads. However, even if you have paid an access charge, once you have a copy of CC-licensed material, you may make any further uses permitted by the license without paying licensing fees.

(If you wish to make uses that are not permitted by the license—for example, making a commercial use of an NC-licensed photo—the licensor may charge for those additional rights.)

What should I know about differences between the international licenses and the ported licenses?

As a licensee, you should always read and understand the relevant license’s legal code before using CC-licensed material, particularly if you are using material that is licensed using a ported license with which you are unfamiliar. Our porting process involved adapting the international licenses to the legal framework of different jurisdictions, and in that process slight adjustments may have been made that you should make yourself aware of in advance of using the material. You can find more information about the ported licenses in the Jurisdiction Database.

There are currently no ported versions of 4.0, and we expect there will be few, if any, in the future. All official translations of the 4.0 international licenses are equivalent: you may substitute one for another depending on your preferred language.

However, the ported versions of 3.0 and earlier sometimes contain small differences from the international license depending on the ways in which they have been adapted to their jurisdictions. For example, a handful of the ported licenses contain provisions specifying which laws will apply in the event the licensor chooses to enforce the license, and a few of the ported licenses contain forum selection clauses.

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Contact the rights holders to ask for permission. Otherwise, unless an exception or limitation to copyright applies, your use of the material may violate the Creative Commons license. If you violate the terms of the license, your rights to use the material will be automatically terminated, and you may be liable for copyright infringement.

Do I always have to comply with the license terms? If not, what are the exceptions?

You need to comply with the license terms if what you are doing would otherwise require permission from the rights holder. If your use would not require permission from the rights holder because it falls under an exception or limitation, such as fair use, or because the material has come into the public domain, the license does not apply, and you do not need to comply with its terms and conditions. Additionally, if you are using an excerpt small enough to be uncopyrightable, the license does not apply to your use, and you do not need to comply with its terms.

However, if you are using excerpts of CC-licensed material which individually are minimal and do not require license compliance, but together make up a significant copyrightable chunk, you must comply with the license terms. For example, if you quote many individual lines from a poem across several sections of a blog post, and your use is not a fair use, you must comply with the license even though no individual line would have been a substantial enough portion of the work to require this.

Attribution

How do I properly attribute material offered under a Creative Commons license?

All CC licenses require users to attribute the creator of licensed material, unless the creator has waived that requirement, not supplied a name, or asked that her name be removed. Additionally, you must retain a copyright notice, a link to the license (or to the deed), a license notice, a notice about the disclaimer of warranties, and a URI if reasonable. For versions prior to 4.0, you must also provide the title of the work. (Though it is not a requirement in 4.0, it is still recommended if one is supplied.)

You must also indicate if you have modified the work—for example, if you have taken an excerpt, or cropped a photo. (For versions prior to 4.0, this is only required if you have created an adaptation by contributing your own creative material, but it is recommended even when not required.) It is not necessary to note trivial alterations, such as correcting a typo or changing a font size. Finally, you must retain an indication of previous modifications to the work.

CC licenses have a flexible attribution requirement, so there is not necessarily one correct way to provide attribution. The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner. Additionally, you may satisfy the attribution requirement by providing a link to a place where the attribution information may be found.

While the attribution requirements in the license are the minimum requirement, we always recommend that you follow the best practices for the kind of use you are making. For example, if you are using scientific data marked with CC0, you are not required to give attribution at all, but we recommend that you give the same credit you would give to any other source—not because the license requires it, but because that is the standard for letting others know the source of the data.

The CC website offers some best practices to help you attribute properly, and the CC Australia team has developed a helpful guide to attributing CC-licensed material (.pdf) in different formats. Note that the attribution and marking requirements vary slightly among license versions. See here for a chart comparing the specific requirements.

Do I need to be aware of anything else when providing attribution?

Yes. You need to be careful not to imply any sponsorship, endorsement, or connection with the licensor or attribution party without their permission. Wrongfully implying that a creator, publisher, or anyone else endorses you or your use of a work may be unlawful. Creative Commons makes the obligation not to imply endorsement explicit in its licenses. In addition, if the licensor of a work requests that you remove the identifying credit, you must do so to the extent practical.

Additionally, when you are using a work that is an adaptation of one or more pre-existing works, you may need to give credit to the creator(s) of the pre-existing work(s), in addition to giving credit to the creator of the adaptation.

Do I always have to attribute the creator of the licensed material?

You must attribute the creator when you provide material to the public by any means that is restricted by copyright or similar rights. If you are using the material personally but are not making it or any adaptations of it available to others, you do not have to attribute the licensor. Similarly, if you are only distributing the material or adaptations of it within your company or organization, you do not have to comply with the attribution requirement. Learn more about when compliance with the license is not required.

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such.

Can I take a CC-licensed work and use it in a different format?

Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.

This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work.

How do I know if a low-resolution photo and a high-resolution photo are the same work?

As with most copyright questions, it will depend on applicable law. Generally, to be different works under copyright law, there must be expressive or original choices made that make one work a separate and distinct work from another. The determination depends on the standards for copyright in the relevant jurisdiction.

Under U.S. copyright law, for example, mechanical reproduction of a work into a different format is unlikely to create a separate, new work. Consequently, digitally enhancing or changing the format of a work absent some originality, such as expressive choices made in the enhancement or encoding, will not likely create a separate work for copyright purposes. The creative bar is low, but it is not non-existent. Accordingly, in some jurisdictions releasing a photograph under a CC license will give the public permission to reuse the photograph in a different resolution.

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

The NoDerivs licenses (BY-ND and BY-NC-ND) prohibit reusers from creating adaptations. What constitutes an adaptation, otherwise known as a derivative work, varies slightly based on the law of the relevant jurisdiction.

Incorporating an unaltered excerpt from an ND-licensed work into a larger work only creates an adaptation if the larger work can be said to be built upon and derived from the work from which the excerpt was taken. Generally, no derivative work is made of the original from which the excerpt was taken when the excerpt is used to illuminate an idea or provide an example in another larger work. Instead, only the reproduction right of the original copyright holder is being exercised by person reusing the excerpt. All CC licenses grant the right to reproduce a CC-licensed work for noncommercial purposes (at a minimum). For example, a person could make copies of one chapter of an ND-licensed book and not be in violation of the license so long as other conditions of the license are met.

There are exceptions to that general rule, however, when the excerpts are combined with other material in a way that creates some new version of the original from which the excerpt is taken. For example, if a portion of a song was used as part of a new song, that may rise to the level of creating an adaptation of the original song, even though only a portion of it was used and even if that portion was used as-is.

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

No. When you receive material under a Creative Commons license, you may not place additional terms and conditions on the reuse of the work. This includes using effective technological measures (ETMs) that would restrict a licensee’s ability to exercise the licensed rights.

A technological measure is considered an ETM if circumventing it carries penalties under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements. Generally, this means that the anti-circumvention laws of various jurisdictions would cover attempts to break it.

For example, if you remix a CC-licensed song, and you wish to share it on a music site that places digital copy-restriction on all uploaded files, you may not do this without express permission from the licensor. However, if you upload that same file to your own site or any other site that does not apply DRM to the file, and a listener chooses to stream it through an app that applies DRM, you have not violated the license.

Note that merely converting material into a different format that is difficult to access or is only available for certain platforms does not violate the restriction; you may do this without violating the license terms.

Can I share CC-licensed material on password-protected sites?

Yes. This is not considered to be a prohibited measure, so long as the protection is merely limiting who may access the content, and does not restrict the authorized recipients from exercising the licensed rights. For example, you may post material under any CC license on a site restricted to members of a certain school, or to paying customers, but you may not place effective technological measures (including DRM) on the files that prevents them from sharing the material elsewhere.

(Note that charging for access may not be permitted with NC-licensed material; however, it is not disallowed by the restriction on ETMs.)

Can I share CC-licensed material on file-sharing networks?

Yes. All CC licenses allow redistribution of the unmodified material by any means, including distribution via file-sharing networks. Note that file-trading is expressly considered to be noncommercial for purposes of compliance with the NC licenses. Barter of NC-licensed material for other items of value is not permitted.

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

If you have received material under a CC license that is encumbered with effective technological measures (such as digital rights management or DRM), you may or may not be permitted to break it, depending on the circumstances. By releasing material under a CC license, the licensor agrees not to assert any rights she may have to prevent the circumvention of effective technological measures. (Under the 3.0 and earlier licenses, this is implied but not explicit.) However, if she has uploaded it to a site or other distribution channel that itself applies such measures, that site may have the right to prevent you from breaking them, even though the licensor herself cannot do so.

Note that anti-circumvention laws can impose criminal liability in some jurisdictions.

What if I have received CC-licensed material with additional restrictions?

It is possible that CC-licensed material will appear on platforms that impose terms in addition to the copyright license (though Creative Commons strongly discourages restrictions that interfere with exercise of the licensed rights). These additional terms do not form part of the license for the work. For example, if you download CC-licensed material from a site that does not permit downloading, you may be breaking the terms of use of the site, but you are not infringing the CC license. See our guide to Modifying the CC licenses for more guidance and information.

Combining and adapting CC material

When is my use considered an adaptation?

Whether a modification of licensed material is considered an adaptation for the purpose of CC licenses depends primarily on the applicable copyright law. Copyright law reserves to an original creator the right to create adaptations of the original work. CC licenses that allow for adaptations to be shared—all except BY-ND and BY-NC-ND—grant permission to others to create and redistribute adaptations when doing so would otherwise constitute a violation of applicable copyright law. Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable, such as a translation of a novel from one language to another, or the creation of a screenplay based on a novel.

Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation, whether or not it would be considered so under applicable law. Also, under version 4.0, certain uses of databases restricted by sui generis database rights also constitute adaptations (called “Adapted Material” in the 4.0 licenses), whether or not they would be considered adaptations under copyright law. For more details about adaptations in the database context, see the Data FAQ.

Note that all CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license.

Note on terminology: throughout these FAQs, we use the term “remix” interchangeably with “adapt.” Both are designed to mean doing something that constitutes an adaptation under copyright law.

Can I combine material under different Creative Commons licenses in my work?

It depends. The first question to ask is whether doing so constitutes an adaptation. If the combination does not create an adaptation, then you may combine any CC-licensed content so long as you provide attribution and comply with the NonCommercial restriction if it applies. If you want to combine material in a way that results in the creation of an adaptation (i.e. a “remix”), then you must pay attention to the particular license that applies to the content you want to combine.

The NoDerivatives licenses do not permit remixing except for private use (the pre-4.0 licenses do not permit remixing at all, except as allowed by exceptions and limitations to copyright). All the other CC licenses allow remixes, but may impose limitations or conditions on how the remix may be used. For example, if you create a remix with material licensed under a ShareAlike license, you need to make sure that all of the material contributed to the remix is licensed under the same license or one that CC has named as compatible, and you must properly credit all of the sources with the required attribution and license information. Similarly, if you want to use a remix for commercial purposes, you cannot incorporate material released under one of the NonCommercial licenses.

The chart below shows which CC-licensed material can be remixed. To use the chart, find a license on the left column and on the top right row. If there is a check mark in the box where that row and column intersect, then the works can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies. See below for details on how remixes may be licensed.

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If you make adaptations of material under a CC license (i.e. “remix”), the original CC license always applies to the material you are adapting even once adapted. The license you may choose for your own contribution (called your “adapter’s license”) depends on which license applies to the original material. Recipients of the adaptation must comply with both the CC license on the original and your adapter’s license.

  • BY and BY-NC material

When remixing BY or BY-NC material, it is generally recommended that your adapter’s license include at least the same license elements as the license applied to the original material. This eases reuse for downstream users because they are able to satisfy both licenses by complying with the adapter’s license. For example, if you adapt material licensed under BY-NC, your adapter’s license should also contain the NC restriction. See the chart below for more details.

  • BY-SA and BY-NC-SA material

In general, when remixing ShareAlike content, your adapter’s license must be the same license as the license on the material you are adapting. All licenses after version 1.0 also allow you to license your contributions under a later version of the same license, and some also allow ported licenses. (See the license versions page for details.) If you wish to adapt material under BY-SA or BY-NC-SA and release your contributions under a non-CC license, you should visit the Compatibility page to see which options are allowed.

  • BY-ND and BY-NC-ND material

The BY-ND and BY-NC-ND licenses do not permit distribution of adaptations (also known as remixes or derivative works), and prohibits the creation of adaptations under the pre-4.0 versions of those licenses. Since you may not share remixes of these materials at all, there is no compatibility with other licenses. (Note that the ND licenses do allow you to reproduce the material in unmodified form together with other material in a collection, as indicated in the next FAQ.)

  • Adapter’s license chart

The chart below details the CC license(s) you may use as your adapter’s license. When creating an adaptation of material under the license identified in the lefthand column, you may license your contributions to the adaptation under one of the licenses indicated on the top row if the corresponding box is green. CC does not recommend using a license if the corresponding box is yellow, although doing so is technically permitted by the terms of the license. If you do, you should take additional care to mark the adaptation as involving multiple copyrights under different terms so that downstream users are aware of their obligations to comply with the licenses from all rights holders. Dark gray boxes indicate those licenses that you may not use as your adapter’s license.

Adapter’s license chart Adapter’s license
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work PD              
BY              
BY-NC              
BY-NC-ND              
BY-NC-SA              
BY-ND              
BY-SA              
Abbreviation Key

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

All Creative Commons licenses (including the version 4.0 licenses) allow licensed material to be included in collections such as anthologies, encyclopedias, and broadcasts. You may choose a license for the collection, however this does not change the license applicable to the original material.

When you include CC-licensed content in a collection, you still must adhere to the license conditions governing your use of the material incorporated. For example, material under any of the Creative Commons NonCommercial licenses cannot be used commercially. The table below indicates what type of CC-licensed works you may incorporate into collections licensed for commercial and noncommercial uses.

Original Work Commercial Collection (BY, BY-SA, BY-ND) NonCommercial Collection (BY-NC, BY-NC-SA, BY-NC-ND)
PD    
BY    
BY-NC    
BY-NC-ND    
BY-NC-SA    
BY-ND    
BY-SA    

License termination

When do Creative Commons licenses expire?

Creative Commons licenses expire when the underlying copyright and similar rights expire.

Note that the relevant rights may expire at different times. For example, you may have a CC-licensed song where the rights in the musical arrangement expire before the rights in the lyrics. In this case, when the copyright in the music expires, you may use it without being required to comply with the conditions of the CC license; however, you must still comply with the license if you use the lyrics.

What happens if the author decides to revoke the CC license to material I am using?

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms. Of course, you may choose to respect the licensor’s wishes and stop using the work.

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

All of the CC licenses terminate if you fail to follow the license conditions. If this happens, you no longer have a license to use the material.

In the 4.0 licenses, your rights under the license are automatically reinstated if you correct this failure within 30 days of discovering the violation (either on your own or because the licensor or someone else has told you). Under the 3.0 and earlier licenses, there is no automatic reinstatement.

If you have lost your rights under a CC license and are not entitled to automatic reinstatement, you may regain your rights under the license if the licensor expressly grants you permission. You cannot simply re-download the material to get a new license.

Note that you may still be liable for damages for copyright infringement for the period where you were not in compliance with the license.

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

The Creative Commons licenses have three layers, as does the CC0 public domain dedication: the human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The Public Domain Mark is not legally operative, and so has only two layers: the human-readable mark and machine-readable metadata.

When material is licensed using any of the CC licenses or tools, it is highly recommended that a CC button, text, or other marker somehow accompany it. There are many possible modes for marking. For our licenses, people generally use the CC license chooser to generate HTML code that can be pasted into the webpage where the licensed material is published. CC0 and the Public Domain Mark have a separate chooser. Many platforms and web services such as Flickr and Drupal support CC licensing directly, allowing you to select an appropriate license. The service then properly marks the work for you.

CC has published some best practices for marking your CC-licensed material, and recommends:

  • Including a visual indicator (some combination of text and images) that the work is licensed with one of the CC licenses.
  • Clearly indicating what material is covered under the CC license, especially if it’s presented alongside non-licensed materials.
  • Including a link to the human-readable deed (which itself contains a link to the legal code).
  • Embedding machine-readable metadata in the code of the license indicator or code of the licensed page.

See the marking page for more details.

What does it mean that Creative Commons licenses are “machine-readable”?

Creative Commons has specified CC REL as a way to associate machine-readable licensing metadata with objects offered under CC licenses.

Before Creative Commons developed this vocabulary, it was difficult for a machine to ascertain whether an object was marked with a CC license. There was also no standard, predictable place to house metadata about that license (for example, the source URL of the work or the required mode of attribution).

Machine-readable metadata based on well-accepted metadata standards creates a platform upon which new services and applications can be built. Software and services can detect CC licenses and the details of that license, as described by the metadata. For example, on many websites and search engines such as Google and Flickr, you can run filtered searches for works offered under specific CC licenses. In addition, CC license deeds can automatically create copy-and-paste attribution code so users may easily comply with the BY condition of the licenses. When you click on a CC license or button from a page with license metadata, you get copy-and-paste attribution HTML within that license deed page. That HTML is based on available RDFa metadata in the original material.

All HTML provided by the CC license chooser is automatically annotated with metadata in RDFa format.

What is RDFa?

RDFa is a method for embedding structured data in a web page. For more information about RDFa, see the following resources:

What is CC REL and why does Creative Commons recommend it?

Creative Commons Rights Expression Language (CC REL) renders information about licenses and works machine-readable through standards that define the semantic web. Creative Commons wants to make it easy for creators and scientists to build upon the works of others when they choose; licensing your work for reuse and finding properly licensed works to reuse should be easy. CC recommends that you mark your licensed works with CC REL. The Creative Commons license chooser provides HTML annotated with CC REL, while the Creative Commons deeds recognize CC REL on web pages with works offered under a CC license, and use this metadata to enhance the deed for properly marked-up works, e.g., by providing copy and paste HTML that includes work attribution.

For more background information on CC REL, please refer to this paper.

What does it mean for a search engine to be CC-enabled?

Some search engines (like Google) allow people to filter their search results by usage rights so that you can limit your search results according to the particular CC license you seek. For example, if you are looking for a photo to adapt, you can filter your search to return photos that have a CC license that permits creation of adaptations. You can generally find this search feature on the advanced search page of your selected search engine. You can also use CC Search, which offers a convenient interface to search and a list of those content providers that support searches for content based on usage rights.

Please note, however, that you should always double check to make sure that the work you locate through a search is licensed as you wish.

How do I give users of my site the option to use CC licensing like Flickr does?

Creative Commons provides tools for integrating license selection with your site. You can find an overview at the Web Integration article on the CC wiki. The Partner Interface is a good way to get started and will always have the most up-to-date license versions and translations. However, there is also an API available if you want more control.

How can I change or remove the Creative Commons search option built into the Firefox browser?

Mozilla has included the Creative Commons search function in many versions of Firefox along with search options for Google, Amazon, and other popular sites. Please take a look at the Firefox article on the CC wiki for an explanation of how to change these features.

If you want to add or remove a particular search option, click on the logo in the search box (for example, the CC logo or the Google logo). This will open the pull down menu, which will allow you to select different search providers. If you choose “Manage Search Engines,” you will be able to add or remove search engines. You can also alter the order in which the search providers appear on the pull down menu.

Is Creative Commons involved in digital rights management (DRM)?

No. CC licenses are a form of rights expression, not rights management. CC provides tools to make it easier for creators and owners to say which rights they reserve and permissions they grant. This is different from digital rights management (or “DRM”), which uses technological protection measures to prevent people from using the work in a way that the owner has not permitted.

CC licenses contain language prohibiting licensees from the use of effective technological measures (including DRM) to prevent access to licensed material: ”You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any such recipient.”

While licensors may apply effective technological measures (ETMs) to their own materials, the licensor provides a limited permission to circumvent these measures: “The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures.” Note that this only applies to effective technological measures applied by licensors themselves: third parties such as distribution platforms may still apply ETMs if the licensor uploads there, and the license is not able to grant you permission to circumvent it.

Copyright law grants exclusive rights to creators of original works of authorship. National laws usually extend protections to such works automatically once fixed in a tangible medium, prohibiting the making of copies without the rights holder’s permission, among other things. On the internet, even the most basic activities involve making copies of copyrighted content. As content is increasingly uploaded, downloaded, and shared online, copyright law is becoming more relevant to more people than it was 20 years ago. Unfortunately, infringing copyrights—even unintentionally or unknowingly—can lead to liability. Successful navigation of the internet requires some understanding of copyright law.

What is the public domain?

The public domain of copyright refers to the aggregate of those works that are not restricted by copyright within a given jurisdiction. A work may be part of the public domain because the applicable term of copyright has expired, because the rights holder surrendered copyright in the work with a tool like CC0, or because the work did not meet the applicable standards for copyrightability.

Because the public domain depends on the copyright laws in force within a particular territory, sometimes a work may be considered “in the public domain” of one jurisdiction, but not in another. For example, U.S. government works are automatically in the public domain under U.S. copyright law, but might be restricted by copyright in other countries.

The Public Domain Manifesto, the University Libraries page, and the CC0 FAQs all contain additional information about the public domain.

Copyright in most jurisdictions attaches automatically without need for any formality once a creative work is fixed in tangible form (i.e. the minute you put pen to paper, take a photo, or hit the “save” button on your computer).

In some jurisdictions, creators may be required to register with a national agency in order to enforce copyright in court. If you would like more information, please consult the Berne Convention or your jurisdiction’s copyright law.

Although you do not have to apply a copyright notice for your work to be protected, it may be a useful tool to clearly signal to people that the work is yours. It also tells the public who to contact about the work.

What is an adaptation?

An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.

In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter’s personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil’s copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction’s copyright law for more information.

What are moral rights?

Copyright laws in many jurisdictions around the world grant creators “moral rights” in addition to the economic or commercial right to exploit their creative works. Moral rights protect the personal and reputational value of a work for its creator. Moral rights differ by country, and can include the right of attribution, the right to have a work published anonymously or pseudonymously, and/or the right to the integrity of the work. The moral right of integrity may provide creators with a source for redress if an adaptation represents derogatory treatment of their work, typically defined as “distortion or mutilation” of the work or treatment that is “prejudicial to the honor, or reputation of the author.” Not all jurisdictions provide for moral rights.

The CC licenses are intended to minimize the effect of moral rights on a licensee’s ability to use licensed material; however, in some jurisdictions, these rights may still have an effect. CC offers some additional information on how CC licenses may affect your moral rights.

What are neighboring rights?

Copyright provides an incentive to create works by providing exclusive rights to creators. However, the distribution or exploitation of a work often involves more than just the creator. For example, if someone writes a song, someone else may perform the song, and another may produce the recording of the song. Some jurisdictions extend copyright to the contributions made by these persons; other jurisdictions extend such exclusive rights in the form of neighboring rights. Neighboring rights may include performers’ rights or broadcasters’ rights, among others. The Rome Convention sets forth some guidelines on the scope of neighboring rights. Not all jurisdictions recognize neighboring rights.

What are sui generis database rights?

Sui generis database rights grant qualifying database makers the right to prohibit the extraction and reuse of a substantial portion of a database. The rights are granted to database makers that make a substantial investment of time and resources to create the database. Sui generis database rights are primarily enacted within the European Union and a handful of other jurisdictions.

What are collecting societies?

Collecting societies are copyright management organizations. Some examples of collecting societies include ASCAP and BMI (United States), BUMA/STEMRA (Netherlands), PRS (United Kingdom), and APRA (Australia). These societies license works on behalf of their owners and process royalty payments from parties using the copyrighted works.

CC offers additional information on how collecting societies might affect your rights and your ability to apply CC licenses to your work. CC has several pilots underway with collecting societies that have chosen to allow their members to use CC licenses on a limited basis.

What are publicity, personality, and privacy rights?

These terms are used differently in different jurisdictions. Generally speaking, these rights allow individuals to control the use of their voice, image, likeness, or other identifiable aspect of their identity, especially for purposes of commercial exploitation. Similarly, in some jurisdictions these rights allow people to restrict others’ ability to publish information about them without their permission. Whether and to what extent these rights exist, and if so, how they are labeled, varies depending on the jurisdiction.

Creative Commons licenses have a limited effect on these rights where the licensor holds them. Where the licensor has publicity, personality, or privacy rights that may affect your ability to use the material as the license intends, the licensor agrees to waive or not assert those rights. However, any such rights not held by the licensor are not affected and may still affect your desired use of a licensed work. If you have created a work or wish to use a work that might in some way implicate these rights, you may need to obtain permission from the individuals whose rights may be affected.

Data

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

: Uses of CC Licenses with Data and Databases : Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker’s investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [marking page]https://wiki.creativecommons.org/wiki/Marking_your_work_with_a_CC_license “wikilink”) for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights–but not copyright–are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.1 These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker’s substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Artificial intelligence and CC licenses

What are the limits on how CC-licensed works can be used in the development of new technologies, such as training of artificial intelligence software?

The licenses grant permission for reuse in any situation that requires permission under copyright. There are many ways in which CC-licensed work works and even all rights reserved works can be reused without permission. This includes uses that are fair uses, for example.

If someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected. This is one of the enduring qualities of our licenses — they have been carefully designed to work with all new technologies where copyright comes into play. No special or explicit permission regarding new technologies from a copyright perspective is required.

But what about privacy laws, rules governing ethical research, and data protection laws?

CC’s copyright licenses are not universal policy tools. Copyright is the primary obstacle to reuse that our licenses solve, but there are many other issues related to the reuse of content that our licenses do not address and that reusers should be aware of. These can include privacy and rules governing ethical research and the collection or use of data, which have to be addressed and respected separate and apart from the copyright issues that CC licenses cover.

What attribution obligations exist when CC-licensed images are included in a published dataset? Is linking to the original image or URI required, and if so, is it adequate?

It depends. First, keep in mind that CC licenses never limit uses that copyright doesn’t control. For example, as a general matter text and data mining in the United States is considered a fair use and does not require permission under copyright. This means that reusers engaged in text and data mining do not have to adhere to the marking and attribution requirements in our licenses for that activity even though we strongly recommend they do so anyway. A second example is linking. In some countries, linking to copyrighted content doesn’t require permission under copyright law, which means the CC license obligations do not come into play even though the linked content is CC-licensed.

Where a CC-licensed work is distributed as part of a database or dataset, and assuming copyright (or in the European Union, copyright or sui generis database rights) is triggered, then the license conditions must be respected. This means providing the required attribution information in a way that is reasonable under the circumstances. Our licenses allow for some flexibility, and in some cases that may be as simple as providing a link to the website where the relevant attribution information is provided. Visit our marking practices page for more information.

If a for-profit company uses CC-licensed content under a Non Commercial license and releases the work under terms that allow only research purposes, is the NC restriction violated?

This depends on whether any of the uses made of the works by the company, whether for profit or non profit, are primarily intended for commercial advantage or monetary compensation. This is hard to know without having all of the facts about how a work was used, whether internally by the company for its own purposes or how the work was distributed for further use. Visit our NC page for more information about what constitutes commercial and non commercial uses of works.

If NC-licensed content is redistributed to the public under an NC license, that distribution would not violate the NC clause. (Note that CC strongly discourages the use of any license terms other than a CC NC license for redistributions of NC-licensed content.)

If CC SA-licensed content is included in a database, does the entire database have to be licensed under an SA license?

CC licenses never require a reuser of a CC-licensed work to make the original work or resulting works (collections, derivatives, etc.) publicly available. There are lots of private reuses of works that are permitted by CC’s licenses that do not require compliance with their terms. Regarding ShareAlike, the condition only applies if a work is modified and if the work is shared publicly. In the situation where a reuser created a dataset of photos and made it publicly available, and assuming copyright permission is required, then what is released is likely a collection or compilation of pre-existing works. CC licenses do not require the collection or the compilation itself to be made available under an SA license, even though each individual work is still licensed individually under an SA license and if they were modified by the distributor the modified photo would need to be licensed under the same terms. For example, were Creative Commons to compile photographs from a photo sharing website under a BY-SA 2.0 license and create a database that it then publicly distributed, CC could license the collection as a whole under a BY license, but the photographs would continue to be licensed under BY-SA 2.0.

What, if any, remedies, do users have if they dislike how their photos or images have been reused?

Several remedies are potentially available. Some may be available if the CC license terms have been violated, and others may be available through other, separate avenues because they involve other laws or regulations that the CC licenses do not cover. It’s important to remember, however, that absent a violation of the license the permissions granted under the license remain in place and cannot be revoked.

  • Under the CC licenses, even if a license condition has not been violated licensors can ask that attribution to them be removed so they can distance themselves from the reuse.
  • For violations of a CC license term where the license was required (not a fair use, etc.) then you may have a claim for copyright infringement. Fortunately, in the CC community most license violations are handled amicably without resorting to the courts.
  • For claims involving laws and regulations other than copyright, recourse may be available depending on your local laws.

An important starting point for any would-be sharer of content under a CC license is to educate yourself in advance about how they work and what rights they do and do not cover. We have many FAQs on our website. We also provide human-readable deeds with links to the full text of our licenses. Additionally, all of our licenses highlight at the beginning many considerations that licensors should have in mind before they license, and considerations for reusers of works before they do so in order to avoid inadvertent violations.

Notes

  1. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).↩

#####EOF##### What's New in 4.0 - Creative Commons
Creative Commons > Share your work > Licensing considerations > What’s New in 4.0

What’s New in 4.0

Creative Commons worked for more than two years to develop the next generation of CC licenses — the version 4.0 CC license suite. The new licenses are more user-friendly and more internationally robust than ever before.

We made dozens of improvements to the licenses. Most will go unnoticed by many CC licensors and licensees, but some of them deserve particular attention.

For a much more in-depth rundown of the decisions reflected in 4.0, visit the 4.0 page on the Creative Commons wiki.

A more global license

In the past six years, Creative Commons has worked with hundreds of volunteers around the world – literally, some of the best minds in copyright law and open licensing on the planet – to translate and adapt the 3.0 and earlier licenses to local laws in over 60 jurisdictions (what we call “porting”). In the process, we’ve learned a lot about how our licenses work internationally and how they’re impacted by the nuances of copyright law in various jurisdictions.

We drew on this experience in the process of developing 4.0. We’ve worked closely with our wide international network of affiliates and countless other experts and stakeholders to make 4.0 the most internationally enforceable set of CC licenses to date. The 4.0 licenses are ready-to-use around the world, without porting.

The new licenses have improved terminology that’s better understood worldwide. With the release of 4.0, we’re also introducing official translations of the CC licenses, so that users of CC-licensed material around the world can read and understand the complete licenses in their local languages.

Rights outside the scope of copyright

Other rights beyond copyright can complicate the reuse of CC-licensed material. To the extent that those rights are not addressed directly in a copyright license, the situation for users of works can be even more confusing. Version 4.0 addresses this challenge through an open-ended but carefully tailored license grant that identifies categories of rights that could (if not licensed) interfere with reuse of the material. Accounting for these and other unenumerated rights will more fully enable users of CC-licensed works to use the work as they expect and as intended by licensors.

In particular, the fact that sui generis database rights are not explicitly covered by the 3.0 unported licenses has led to confusion in jurisdictions that recognize those rights. Version 4.0 removes any doubt, pulling applicable sui generis rights squarely within the scope of the license unless explicitly excluded by the licensor. It also allows database providers to use the CC licenses to explicitly license those rights.

The 4.0 license suite uniformly and explicitly waives moral rights held by the licensor where possible to the limited extent necessary to enable reuse of the content in the manner intended by the license. Publicity, privacy, and personality rights held by the licensor are expressly waived to the same limited extent. While many understand these rights to be waived when held by the licensor in 3.0 and earlier versions, version 4.0’s treatment makes the intended outcome clear.

Common-sense attribution

Version 4.0 includes a slight change to attribution requirements, designed to better reflect accepted practices. The licenses explicitly permit licensees to satisfy the attribution requirement with a link to a separate page for attribution information. This was already common practice on the internet and possible under earlier versions of the licenses, and Version 4.0 alleviates any uncertainty about its use.

Enabling more anonymity, when desired

Version 3.0 included a provision allowing a licensor to request that a licensee remove the attribution from an adaptation, if she did not want her name associated with it. Version 4.0 expands that provision to apply not only to adaptations but also to verbatim reproductions of a work. Licenses now account specifically for situations where licensors wish to disassociate themselves from uses of their works they object to, even if their work hasn’t been modified or published in a collection with other works.

30-day window to correct license violations

All CC licenses terminate when a licensee breaks their terms, but under 4.0, a licensee’s rights are reinstated automatically if she corrects a breach within 30 days of discovering it. The cure period in version 4.0 resembles similar provisions in some other public licenses and better reflects how licensors and licensees resolve compliance issues in practice. It also assures users that provided they act promptly, they can continue using the CC-licensed work without worry that they may have lost their rights permanently.

Increased readability

The 4.0 license suite is decidedly easier to read and understand than prior versions, not to mention much shorter and better organized. The simplified license structure and use of plain language whenever possible increases the likelihood that licensors and reusers will understand their rights and obligations. This improves enforceability of the licenses and reduces confusion and disagreement about how the licenses operate.

Clarity about adaptations

The BY and BY-NC 4.0 licenses are clearer about how adaptations are to be licensed, a source of confusion for some under the earlier versions of those licenses. These licenses now clarify that you can apply any license to your contributions you want so long as your license doesn’t prevent users of the remix from complying with the original license. While this is how 3.0 and earlier versions are understood, the 4.0 licenses make it abundantly clear and will help remixers in understanding their licensing obligations.

130 thoughts on “What’s New in 4.0”

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#####EOF##### Announcing Plays Well With Others, a new podcast about the Art and Science of Collaboration - Creative Commons
Creative Commons > Blog > About CC > Announcing Plays Well With Others, a new podcast about the Art and Science of Collaboration

Announcing Plays Well With Others, a new podcast about the Art and Science of Collaboration

I’m thrilled to share the first episode of our podcast, Plays Well with Others, with our community today. It’s about the art, science, and mechanics of collaboration.

Ryan Merkley

February 21, 2019

plays-well-with-othersI’m thrilled to share the first episode of our podcast, Plays Well with Others, with our community. It’s about the art, science, and mechanics of collaboration.

Ask yourself: How often have you walked into a room where you were about to work with colleagues, friends, or even strangers, and thought, “I’m going to focus on being a great collaborator today”? We spend so much time on leadership, and hardly any time on helping each other do great work together.

We hope to change that, in our own small way, with Plays Well with Others.

I couldn’t be more excited about this project — I’ve always wanted to produce radio journalism. I love interviewing people and helping them tell the best version of their stories. And it’s been a joy to work with my colleague and collaborator Eric Steuer on the podcast’s design and development. I’ve loved the opportunity to do creative work, and to work directly on something like this that is close to my heart, and that I feel is really good. We’re incredibly proud of how it’s turned out, and we hope you’ll enjoy it and learn something along the way.

Collaboration is a natural topic for me. My job at CC is all about making collaboration happen, and it’s been at the centre of my work for my entire career — across cultures and timezones. I’m fascinated by the things that we can only do together. Collective action — from the power of a union to build a more equitable world, to the ability of shared public investments to strengthen communities, to the potential of the commons to democratize knowledge — these ideas inspire me. It’s why I do what I do.

The first episode of our show focuses on the writer’s room on a comedy show. Our guests, Anne Lane and Wayne Federman, deserve our thanks for trusting us with their stories. They had no idea if what we were making would be any good, and there was no body of work to look at, since it was our first episode. Anne and Wayne were open and honest, and they gave us a view into a special room that very few people get to visit. But they also helped reveal insights into how collaboration works in groups: how to deal with the disappointment of watching your joke fall flat; the importance of picking up what other collaborators are laying down (“yes, and”); and an acknowledgment that many ideas, combined with the need to ship an episode, yields better results than writing alone in your basement.

I hope each episode yields such great insights — that’s certainly our goal. Our operating thesis is that digging into how collaboration really works might help us all become better collaborators ourselves.

Each episode homes in on an element of collaboration, told by some of the world’s great collaborators. We’ll publish one episode each month, and the first season will likely run around eight episodes. I hope you’ll join us along the way, and that we’ll all learn some new tactics, techniques, and approaches — together.

Listen now

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#####EOF##### Case Studies - Creative Commons

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#####EOF##### CC Search: A New Vision, Strategy & Roadmap for 2019 - Creative Commons
Creative Commons > Blog > Technology > CC Search: A New Vision, Strategy & Roadmap for 2019

CC Search: A New Vision, Strategy & Roadmap for 2019

At A Grand Re-Opening of the Public Domain at the Internet Archive, I teased a new product vision for CC Search that gets more specific than our ultimate goal of providing access to all 1.4 billion CC licensed and public domain works on the web.

Jane Park

March 19, 2019

At the Grand Re-Opening of the Public Domain at the Internet Archive, I teased a new product vision for CC Search that gets more specific than our ultimate goal of providing access to all 1.4 billion CC licensed and public domain works on the web. I’m pleased to present that refined vision, which is focused on building a product that promotes not just discovery, but reuse of openly-licensed and public domain works. We want your feedback in making it a reality. What kinds of images do you most need and desire to reuse when creating your own works? Along that vein, what organizational collections would you like to see us prioritizing for inclusion? Where can we make the biggest difference for you and your fellow creators?

Vision

Our 2019 vision is:

“CC Search is a leading tool for creators looking to discover and reuse free resources with greater ease and confidence.”

The vision centers on reuse — CC will prioritize and build for users who seek to not only discover free resources in the commons, but who seek to reuse these resources with greater ease and confidence, and for whom in particular the rights status of these works may be important. This approach means that CC will shift from its “quantity first” approach (front door to 1.4 billion works) to prioritizing content that is more relevant and engaging to creators.

We made our assumptions based on a combination of user research, whatever quantitative data we could get our hands on (e.g. analytics on previous iterations of search), and pure conjecture (based on anecdotal evidence from our community), or what in the lean start-up world is called a leap of faith.

How we expect reuse to happen

The base catalog is the database of all CC works we are continuing to gather and grow. We envision users will be able to access this catalog in three ways:

  1. Through CC Search — the default front end you see now.
  2. Through some curation on CC Search — you could imagine different portals for different kinds of users, e.g. educators seeking open textbooks.
  3. Through CC Search being integrated directly into other sites and software via a CC API, e.g. CC Search in Google Docs.

Once the user accesses the work, the user takes the next step to reuse the work. They download it, which means they make a copy. The user who is also a creator takes a step further; they attribute the author of the work in their new creation, ideally through the automatic and easy ways we provide for them to do this. Both download and attribution are ways a user reuses the work in a way that implicates copyright and thereby the Creative Commons license. And both are potential ways we can learn how that work is used in the wild.

Through learning about how CC works are reused, we will be able to validate our hypotheses and know we are on the right track (or not). We will also be better able to tell the story or journey of the works’ impact, which speaks to a key insight from our user research:

“People like seeing how their work is used, where it goes, and who it touches, but have no easy way to find this out.”

This learning is the hard part of our work, and what we still need to figure out. How do we track and learn about reuse in a way that is effective, but also aligns with our values and respects user privacy?

User research & usability testing

In 2019, we will focus on images and texts, with a stretch goal of including audio files. Accordingly, we will focus any user research and usability testing on groups of people that reuse these works in a meaningful way, specifically, “Creators making new works using existing free content.” A few we will start with are:

  • Creators making designs, imagery and art works (commercial or independent)
  • Creators illustrating a text or text-based resource (blog, journalistic articles, educational/academic texts or presentations)
  • Creators making a video

We’ll also being doing some separate user research to add open texts, which is a different bucket of people than the creators above, because we think (but don’t know) that most people seeking open texts are really seeking access, and not reuse, when it comes to CC Search. For example, we think that community college faculty looking for open textbooks are mainly seeking to access all open textbooks in one place.

As we talk to users, collect user feedback, and conduct usability testing, we may learn differently.

Roadmap

Based on this new 2019 vision and strategy, here are some of our key deliverables for the year.

The complete roadmap is available here, which also includes a pipeline of ideas. The pipeline of ideas is the master list of ideas from the community that we will revisit at the end of each quarter to decide what makes it in the roadmap. The roadmap is an evolving document and we welcome your comments and feedback.

The Team

Follow the arrows from upper left: Kriti, Sophine, Alden, Breno, Sarah, Jane

The current CC Search team is led by CC’s Director of Engineering, Kriti Godey, and myself, CC’s Director of Product and Research. The other members are Sophine Clachar (Data Engineer), Alden Page (Back End Engineer), Breno Ferreira (Front End Engineer) and Sarah Pearson (Product Counsel).

Get involved

We are growing a vibrant community of open source developers and users willing to test and provide feedback on CC Search.

If you’re a current or potential user of CC Search, join the #cc-usability channel at the Creative Commons Slack (https://slack-signup.creativecommons.org) where we regularly engage the group for feedback on new features.

If you’re a developer, check out Creative Commons Open Source, a hub for the CC developer community and the #cc-developers channel at the Creative Commons Slack.

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#####EOF##### Frequently Asked Questions - Creative Commons
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Frequently Asked Questions

2019-04-02 14:07:11 UTC

These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information.

  • Other CC FAQs: CC0 Public Domain Dedication and Public Domain Mark.
  • “Licensor”, “rights holder”, “owner”, and “creator” may be used interchangeably to refer to the person or entity applying a CC license.
  • Information about the licenses is primarily made with reference to the 4.0 suite, but earlier license versions are mentioned where they differ.
  • Have a question that isn’t answered here? Contact info@creativecommons.org.

Creative Commons does not provide legal advice. This FAQ is for informational purposes and is not a substitute for legal advice. It may not cover important issues that affect you. You should consult with your own lawyer if you have questions.

About CC

What is Creative Commons and what do you do?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. Our legal tools help those who want to encourage reuse of their works by offering them for use under generous, standardized terms; those who want to make creative uses of works; and those who want to benefit from this symbiosis. Our vision is to help others realize the full potential of the internet. CC has affiliates all over the world who help ensure our licenses work internationally and who raise awareness of our work.

Although Creative Commons is best known for its licenses, our work extends beyond just providing copyright licenses. CC offers other legal and technical tools that also facilitate sharing and discovery of creative works, such as CC0, a public domain dedication for rights holders who wish to put their work into the public domain before the expiration of copyright, and the Public Domain Mark, a tool for marking a work that is in the worldwide public domain. Creative Commons licenses and tools were designed specifically to work with the web, which makes content that is offered under their terms easy to search for, discover, and use.

For more information about CC, our main website contains in-depth information about the organization, its staff and board of directors, its history, and its supporters. You can also read CC case studies to learn about some of the inspiring ways CC licenses and tools have been used to share works and support innovative business models. You can find regularly updated information about CC by visiting the blog.

Absolutely not. CC has responded to claims to the contrary. CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

That said, Creative Commons recognizes the need for change in copyright law, and many members of the Creative Commons community are active participants in the copyright reform movement. For more information, see our statement in support of copyright reform.

What does “Some Rights Reserved” mean?

Copyright grants to creators a bundle of exclusive rights over their creative works, which generally include, at a minimum, the right to reproduce, distribute, display, and make adaptations. The phrase “All Rights Reserved” is often used by owners to indicate that they reserve all of the rights granted to them under the law. When copyright expires, the work enters the public domain, and the rights holder can no longer stop others from engaging in those activities under copyright, with the exception of moral rights reserved to creators in some jurisdictions. Creative Commons licenses offer creators a spectrum of choices between retaining all rights and relinquishing all rights (public domain), an approach we call “Some Rights Reserved.”

No. Creative Commons is not a law firm and does not provide legal advice or legal services. CC is similar to a self-help service that offers free, form-based legal documents for others to use. These FAQ answers many of the most common questions. There is also specialized information available on the following pages:

While CC does provide this informational guidance about its licenses and other tools, this information may not apply to your particular situation, and should never be taken as legal advice.

If you’re looking for legal advice about using CC licenses and other tools, we recommend contacting the Creative Commons affiliate in your jurisdiction. CC affiliates are highly connected to the communities of copyright lawyers in their countries. We also offer a list of lawyers and organizations who have identified themselves as willing to provide information to others about CC licensing issues. However, please note that CC does not provide referral services, and does not endorse or recommend any person on that list.

Does Creative Commons collect or track material licensed under a CC license?

No, CC does not collect content or track licensed material. However, CC builds technical tools that help the public search for and use works licensed under our licenses and other legal tools, and many others have built such tools as well. CC Search is one tool developed by CC to help the public discover works offered under Creative Commons licenses on the internet via CC-aware search engines and repositories.

What do the Creative Commons buttons do?

The CC buttons are a shorthand way to convey the basic permissions associated with material offered under CC licenses. Creators and owners who apply CC licenses to their material can download and apply those buttons to communicate to users the permissions granted in advance. When the material is offered online, the buttons should usually link out to the human-readable license deeds (which, in turn, link to the license itself).

May I use the Creative Commons logo and buttons?

You may download high resolution versions of the Creative Commons logos and use them in connection with your work or your website, provided you comply with our policies. Among other things, if you use the logos on a website or on your work, you may not alter the logos in any respect—such as by changing the font, the proportions, or the colors. CC’s buttons, name, and corporate logo (the “CC” in a circle) are trademarks of Creative Commons. You cannot use them in ways not permitted by our policies unless you first receive express, written permission. This means, for example, that you cannot (without our permission) print your own buttons and t-shirts using CC logos, although you can purchase them in CC’s store.

I love Creative Commons. How can I help?

Please support CC by making a donation through our support page. Donations can be handled through PayPal or by credit card. You can also support CC by visiting our store.

CC always welcomes your feedback, which you can provide by emailing . You can also participate in CC’s email discussion lists and share feedback and ideas in one of those forums.

If you are a software developer, sysadmin, or have other technical expertise, please join our developer community and help build the tools that build the commons.

Finally, one of the best ways to support CC is by supporting our causes yourself. Follow our blog to find out about current issues where you can help get involved and spread the word, and advocate for free and open licensing in your own communities.

Why does Creative Commons run an annual fundraising campaign? What is the money used for and where does it go?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, with affiliates all over the world who help ensure our licenses work internationally and raise awareness about our work. Our tools are free, and our reach is wide.

In order to…

  • continue developing our licenses and public domain tools to make sure they are legally and technically up-to-date around the world,
  • help creators implement these tools on websites through best practices and individual assistance,
  • enable CC licensing on major content-sharing platforms,
  • enhance CC-licensed resource search and discovery,
  • advocate for CC licensing and open policies in education, science, and culture, and
  • myriad other activities we’re forgetting to mention, such as all the everyday boring but essential operations that go into running an organization

…we need $ to make it all happen! For more information, please take a look at our Annual Report.

Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. It is essential we have the public’s support because it is the creators and users of CC material who make our tools relevant in this digital age. They depend on the tools and services CC provides through their reuse and remix of the rich, open resources available on Wikipedia, Flickr, SoundCloud, Vimeo, Europeana, MIT OpenCourseWare, the Library of Science, Al Jazeera, and YouTube—just to name a few. Many of these people donate $10, $25, or $50 to CC, to help keep it up and running so we can continue to provide our tools and services for free, as a nonprofit organization. The more people who donate to CC, the more independent it will remain.

General License Information

What are Creative Commons licenses?

Creative Commons licenses provide an easy way to manage the copyright terms that attach automatically to all creative material under copyright. Our licenses allow that material to be shared and reused under terms that are flexible and legally sound. Creative Commons offers a core suite of six copyright licenses. Because there is no single “Creative Commons license,” it is important to identify which of the six licenses you are applying to your material, which of the six licenses has been applied to material that you intend to use, and in both cases the specific version.

All of our licenses require that users provide attribution (BY) to the creator when the material is used and shared. Some licensors choose the BY license, which requires attribution to the creator as the only condition to reuse of the material. The other five licenses combine BY with one or more of three additional license elements: NonCommercial (NC), which prohibits commercial use of the material; NoDerivatives (ND), which prohibits the sharing of adaptations of the material; and ShareAlike (SA), which requires adaptations of the material be released under the same license.

CC licenses may be applied to any type of work, including educational resources, music, photographs, databases, government and public sector information, and many other types of material. The only categories of works for which CC does not recommend its licenses are computer software and hardware. You should also not apply Creative Commons licenses to works that are no longer protected by copyright or are otherwise in the public domain. Instead, for those works in the worldwide public domain, we recommend that you mark them with the Public Domain Mark.

How do CC licenses operate?

CC licenses are operative only when applied to material in which a copyright exists, and even then only when a particular use would otherwise not be permitted by copyright. Note that the latest version of CC licenses also applies to rights similar to copyright, such as neighboring rights and sui generis database rights. Learn more about the scope of the licenses. This means that CC license terms and conditions are not triggered by uses permitted under any applicable exceptions and limitations to copyright, nor do license terms and conditions apply to elements of a licensed work that are in the public domain. This also means that CC licenses do not contractually impose restrictions on uses of a work where there is no underlying copyright. This feature (and others) distinguish CC licenses from some other open licenses like the ODbL and ODC-BY, both of which are intended to impose contractual conditions and restrictions on the reuse of databases in jurisdictions where there is no underlying copyright or sui generis database right.

All CC licenses are non-exclusive: creators and owners can enter into additional, different licensing arrangements for the same material at any time (often referred to as “dual-licensing” or “multi-licensing”). However, CC licenses are not revocable once granted unless there has been a breach, and even then the license is terminated only for the breaching licensee.

There are also videos and comics that offer visual descriptions of how CC licenses work.

Which is the latest version of the licenses offered by Creative Commons?

In November 2013, Creative Commons published the version 4.0 license suite. These licenses are the most up-to-date licenses offered by CC, and are recommended over all prior versions. You can see how the licenses have been improved over time on the license versions page. 4.0 has been drafted to be internationally valid, and will have official translations becoming available after publication.

No. By design, CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions. This is a fundamental principle of CC licensing.

Who gives permission to use material offered under Creative Commons licenses?

Our licenses and legal tools are intended for use by anyone who holds copyright in the material. This is often, but not always, the creator.

Creative Commons offers licenses and tools to the public free of charge and does not require that creators or other rights holders register with CC in order to apply a CC license to a work. This means that CC does not have special knowledge of who uses the licenses and for what purposes, nor does CC have a way to contact creators beyond means generally available to the public. CC has no authority to grant permission on behalf of those persons, nor does CC manage those rights on behalf of others.

If you would like to obtain additional permissions to use the work beyond those granted by the license that has been applied, or if you’re not sure if your intended use is permitted by the license, you should contact the rights holder.

Are Creative Commons licenses enforceable in a court of law?

Creative Commons licenses are drafted to be enforceable around the world, and have been enforced in court in various jurisdictions. To CC’s knowledge, the licenses have never been held unenforceable or invalid.

CC licenses contain a “severability” clause. This allows a court to eliminate any provision determined to be unenforceable, and enforce the remaining provisions of the license.

What happens if someone applies a Creative Commons license to my work without my knowledge or authorization?

CC alerts prospective licensors they need to have all necessary rights before applying a CC license to a work. If that is not the case and someone has marked your work with a CC license without your authorization, you should contact that person and tell them to remove the license from your work. You may also wish to contact a lawyer. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What are the international (“unported”) Creative Commons licenses, and why does CC offer “ported” licenses?

One of CC’s goals is ensuring that all of its legal tools work globally, so that anyone anywhere in the world can share their work on globally standard terms. To this end, CC offers a core suite of six international copyright licenses (formerly called the “unported”) that are drafted based largely on various international treaties governing copyright, taking into account as many jurisdiction-specific legal issues as possible. The latest version (4.0) has been drafted with particular attention to the needs of international enforceability.

For version 3.0 and earlier, Creative Commons has also offered ported versions of its six core licenses for many jurisdictions (which usually correspond to countries, but not always). These ported licenses are based on the international license suite but have been modified to reflect local nuances in the expression of legal terms and conditions, drafting protocols, and language. The ported licenses and the international licenses are all intended to be legally effective everywhere. CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

Can governments and intergovernmental organizations (“IGOs”) use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors’ overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the “machine readable” layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]”; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you’re uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC’s Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC’s legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC’s Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and running pilot programs that allow creators to use CC licenses in some circumstances.

If you are already a member of a collecting society and want to use CC licenses, you are welcome to encourage your collecting society to give you the option of Creative Commons licensing.

Can I still make money from a work I make available under a Creative Commons license?

Yes. One of our goals is to encourage creators and rights holders to experiment with new ways to promote and market their work. There are several possible ways of doing this.

CC’s NonCommercial (NC) licenses allow rights holders to maximize distribution while maintaining control of the commercialization of their works. If you want to reserve the right to commercialize your work, you may do this by choosing a license with the NC condition. If someone else wants to use your work commercially and you have applied an NC license to your work, they must first get your permission. As the rights holder, you may still sell your own work commercially.

You may also use funding models that do not depend on using an NC license. For example, many artists and creators use crowdfunding to fund their work before releasing it under a less restrictive license. Others use a “freemium” model where the basic content is free, but extras such as a physical printed version or special access to a members-only website are for paying customers only.

For more information and ideas, The Power of Open presents case studies of artists, businesspeople, and organizations who use CC.

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

No. CC licenses allow for flexibility in the way credit is provided depending on the medium, means, and context in which a licensee is redistributing licensed material. For example, providing attribution to the creator when using licensed material in a blog post may be different than doing so in a video remix. This flexibility facilitates compliance by licensees and reduces uncertainty about different types of reuse—minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded.

Can I change the license terms or conditions?

Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons” or “CC” license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials. Keep in mind that altering terms and conditions is distinct from waiving existing conditions or granting additional permissions than those in the licenses. Licensors may always do so, and many choose to do so using the CC+ protocol to readily signal the waiver or additional permission on the CC license deed.

CC does not assert copyright in the text of its licenses, so you are permitted to modify the text as long as you do not use the CC marks to describe it. However, we do not recommend this. We also advise against modifying our licenses through indirect means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other material. This would prevent licensees from using, combining, or remixing content under your customized license with other content under the same or compatible CC licenses.

Modifying licenses creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.

Can I waive license terms or conditions?

Yes. You may always choose to waive some license terms or conditions. Material licensed under a CC license but with additional permissions granted or conditions waived may be compatibly licensed with other material under the same license. Our CC+ protocol provides a mechanism for facilitating that grant or waiver.

Can I enter into separate or supplemental agreements with users of my work?

Yes. CC licenses are nonexclusive. Licensors always have the option of entering into separate arrangements for the sharing of their material in addition to applying a CC license. However, those different arrangements are not “CC” or “Creative Commons” licenses.

Separate agreements: You may offer the licensed material under other licenses in addition to the CC license (a practice commonly referred to as “dual licensing”). For example, you may wish to license a video game soundtrack under both a CC license and the GPL, so that it may be used under either set of terms. A reuser may then choose which set of terms to comply with. Or, for example, you may offer your material to the public under a NonCommercial license, but offer commercial permissions to fee-paying customers.

Supplemental agreements: Problems arise when licensors design those terms or arrangements to serve not as separate, alternative licensing arrangements but as supplemental terms having the effect of changing the standard terms within the CC license. While you may offer separate terms and conditions to other parties, you should not do so in such a way that would neutralize terms of the CC license.

Except in the limited situation where more permissions are being granted or license conditions are waived, if the additional arrangement modifies or conflicts with the CC license terms, then the resulting licensing arrangement is no longer a CC licensing arrangement. To avoid confusing those who may mistakenly believe the work is licensed under standard CC terms, we must insist that in these instances licensors not use our trademarks, names, and logos in connection with their custom licensing arrangement.

It should be noted that any agreements you make with other parties only have an effect on the other parties to that agreement, and do not apply to anyone else receiving the licensed material. For example, if there are terms of use that apply to visitors to your website on which you host CC-licensed material, your terms of use may apply to visitors to that website, but not to anyone who receives copies of the CC-licensed material elsewhere. Even for the visitors to your website, any separate terms and conditions do not become part of the license—they remain a separate contractual agreement, and violation of this agreement does not constitute copyright infringement.

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

A CC license terminates automatically when its conditions are violated. For example, if a reuser of CC-licensed material does not provide the attribution required when sharing the work, then the user no longer has the right to continue using the material and may be liable for copyright infringement. The license is terminated for the user who violated the license. However, all other users still have a valid license, so long as they are in compliance.

Under the 4.0 licenses, a licensee automatically gets these rights back if she fixes the violation within 30 days of discovering it.

If you apply a Creative Commons license and a user violates the license conditions, you may opt to contact the person directly to ask them to rectify the situation or consult a lawyer to act on your behalf. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

As long as users abide by license terms and conditions, licensors cannot control how the material is used. However, CC licenses do provide several mechanisms that allow licensors to choose not to be associated with their material or to uses of their material with which they disagree.

First, all CC licenses prohibit using the attribution requirement to suggest that the licensor endorses or supports a particular use. Second, licensors may waive the attribution requirement, choosing not to be identified as the licensor, if they wish. Third, if the licensor does not like how the material has been modified or used, CC licenses require that the licensee remove the attribution information upon request. (In 3.0 and earlier, this is only a requirement for adaptations and collections; in 4.0, this also applies to the unmodified work.) Finally, anyone modifying licensed material must indicate that the original has been modified. This ensures that changes made to the original material–whether or not the licensor approves of them–are not attributed back to the licensor.

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

The use of any effective technical protection measures (such as digital rights management or “DRM”) by licensees to prevent others from exercising the licensed rights is prohibited.

Not all kinds of encryption or access limitations are prohibited by the licenses. For example, sending content via email and encrypting it with the recipient’s public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a particular set of users (for example, by requiring a username and password to enter a site) does not restrict further use of the content by the recipients. In these examples, these things do not prevent the recipient from exercising all of the rights granted by the license, including the right to redistribute it further.

If someone is applying effective technological measures to your CC-licensed material that do restrict exercise of the licensed rights (such as applying DRM that restricts copying), this is a violation of the license terms unless you have chosen to grant this permission separately.

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

No. CC licenses grant permission to use the licensed material in any media or format regardless of the format in which it has been made available. This is true even if you have applied a NoDerivatives license to your work. Once a CC license is applied to a work in one format or medium, a licensee may use the same work in any other format or medium without violating the licensor’s copyright.

What if I change my mind about using a CC license?

CC licenses are not revocable. Once something has been published under a CC license, licensees may continue using it according to the license terms for the duration of applicable copyright and similar rights. As a licensor, you may stop distributing under the CC license at any time, but anyone who has access to a copy of the material may continue to redistribute it under the CC license terms. While you cannot revoke the license, CC licenses do provide a mechanism for licensors to ask that others using their material remove the attribution information. You should think carefully before choosing a Creative Commons license.

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

CC offers six core licenses, each of which grants a different set of permissions. Before you use CC-licensed material, you should review the terms of the particular license to be sure your anticipated use is permitted. If you wish to use the work in a manner that is not permitted by the license, you should contact the rights holder (often the creator) to get permission first, or look for an alternative work that is licensed in a way that permits your anticipated use. Note that if you use material in a way that is not permitted by the applicable license and your use is not otherwise permitted by an applicable copyright exception or limitation, the license is automatically terminated and you may be liable for copyright infringement, even if you are eligible to have your rights reinstated later.

Before using material offered under a Creative Commons license, you should know that CC licenses only grant permissions needed under copyright and similar rights, and there may be additional rights you need to use it as intended. You should also understand that licensors do not offer warranties or guarantees about the material they are licensing unless expressly indicated otherwise. All materials are licensed “AS IS” and a disclaimer of warranties applies unless expressly provided otherwise. If you want to ask for a warranty or guarantee about rights to use the material, you should talk with the licensor before using it.

Does a Creative Commons license give me all the rights I need to use the work?

It depends. CC licenses do not license rights other than copyright and similar rights (which include sui generis database rights in version 4.0). For example, they do not license trademark or patent rights, or the publicity, personality, and privacy rights of third parties. However, licensors agree to waive or not assert any moral rights, publicity rights, personality rights, or privacy rights they themselves hold, to the limited extent necessary to allow exercise of the licensed rights. Any rights outside of the scope of the license may require clearance (i.e., permission) in order to use the work as you would like.

Additionally, creative works sometimes incorporate works owned by others (known as “third party content”), often used pursuant to a CC license or under an exception or limitation to copyright such as fair use in the U.S. You should make sure you have permission to use any third party content contained in the work you want to use, or that your use is otherwise allowed under the laws of your jurisdiction, particularly in cases such as fair use where your right to use the content depends on the particular context in which you plan to use it.

All CC licenses contain a disclaimer of warranties, meaning that the licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work. You may wish to obtain legal advice before using CC-licensed material if you are not sure whether you have all the rights you need.

What if there are sui generis database rights that apply to my use of a CC-licensed database?

In the somewhat limited circumstances where sui generis database rights apply to your use, special conditions apply and there are more specific considerations you should be aware of. Under 4.0, sui generis database rights are licensed alongside copyright, but the treatment in earlier versions of the license varies. A fuller explanation of these variations and related considerations is available in the Data FAQ.

Where can I find material offered under a CC license?

If you are looking for material offered under a Creative Commons license, CC Search is a good starting point. There is also a directory of organizations and individuals who use CC licenses. Some media sites, such as Flickr, have search filters for material licensed using CC’s licenses.

Be sure to confirm that the material you want to use is actually under a CC license, as search results may sometimes be misleading.

Are Creative Commons works really free to use?

Yes. While many if not most CC-licensed works are available at no cost, some licensors charge for initial access to CC-licensed works—for example, by publishing CC-licensed content only to subscribers, or by charging for downloads. However, even if you have paid an access charge, once you have a copy of CC-licensed material, you may make any further uses permitted by the license without paying licensing fees.

(If you wish to make uses that are not permitted by the license—for example, making a commercial use of an NC-licensed photo—the licensor may charge for those additional rights.)

What should I know about differences between the international licenses and the ported licenses?

As a licensee, you should always read and understand the relevant license’s legal code before using CC-licensed material, particularly if you are using material that is licensed using a ported license with which you are unfamiliar. Our porting process involved adapting the international licenses to the legal framework of different jurisdictions, and in that process slight adjustments may have been made that you should make yourself aware of in advance of using the material. You can find more information about the ported licenses in the Jurisdiction Database.

There are currently no ported versions of 4.0, and we expect there will be few, if any, in the future. All official translations of the 4.0 international licenses are equivalent: you may substitute one for another depending on your preferred language.

However, the ported versions of 3.0 and earlier sometimes contain small differences from the international license depending on the ways in which they have been adapted to their jurisdictions. For example, a handful of the ported licenses contain provisions specifying which laws will apply in the event the licensor chooses to enforce the license, and a few of the ported licenses contain forum selection clauses.

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Contact the rights holders to ask for permission. Otherwise, unless an exception or limitation to copyright applies, your use of the material may violate the Creative Commons license. If you violate the terms of the license, your rights to use the material will be automatically terminated, and you may be liable for copyright infringement.

Do I always have to comply with the license terms? If not, what are the exceptions?

You need to comply with the license terms if what you are doing would otherwise require permission from the rights holder. If your use would not require permission from the rights holder because it falls under an exception or limitation, such as fair use, or because the material has come into the public domain, the license does not apply, and you do not need to comply with its terms and conditions. Additionally, if you are using an excerpt small enough to be uncopyrightable, the license does not apply to your use, and you do not need to comply with its terms.

However, if you are using excerpts of CC-licensed material which individually are minimal and do not require license compliance, but together make up a significant copyrightable chunk, you must comply with the license terms. For example, if you quote many individual lines from a poem across several sections of a blog post, and your use is not a fair use, you must comply with the license even though no individual line would have been a substantial enough portion of the work to require this.

Attribution

How do I properly attribute material offered under a Creative Commons license?

All CC licenses require users to attribute the creator of licensed material, unless the creator has waived that requirement, not supplied a name, or asked that her name be removed. Additionally, you must retain a copyright notice, a link to the license (or to the deed), a license notice, a notice about the disclaimer of warranties, and a URI if reasonable. For versions prior to 4.0, you must also provide the title of the work. (Though it is not a requirement in 4.0, it is still recommended if one is supplied.)

You must also indicate if you have modified the work—for example, if you have taken an excerpt, or cropped a photo. (For versions prior to 4.0, this is only required if you have created an adaptation by contributing your own creative material, but it is recommended even when not required.) It is not necessary to note trivial alterations, such as correcting a typo or changing a font size. Finally, you must retain an indication of previous modifications to the work.

CC licenses have a flexible attribution requirement, so there is not necessarily one correct way to provide attribution. The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner. Additionally, you may satisfy the attribution requirement by providing a link to a place where the attribution information may be found.

While the attribution requirements in the license are the minimum requirement, we always recommend that you follow the best practices for the kind of use you are making. For example, if you are using scientific data marked with CC0, you are not required to give attribution at all, but we recommend that you give the same credit you would give to any other source—not because the license requires it, but because that is the standard for letting others know the source of the data.

The CC website offers some best practices to help you attribute properly, and the CC Australia team has developed a helpful guide to attributing CC-licensed material (.pdf) in different formats. Note that the attribution and marking requirements vary slightly among license versions. See here for a chart comparing the specific requirements.

Do I need to be aware of anything else when providing attribution?

Yes. You need to be careful not to imply any sponsorship, endorsement, or connection with the licensor or attribution party without their permission. Wrongfully implying that a creator, publisher, or anyone else endorses you or your use of a work may be unlawful. Creative Commons makes the obligation not to imply endorsement explicit in its licenses. In addition, if the licensor of a work requests that you remove the identifying credit, you must do so to the extent practical.

Additionally, when you are using a work that is an adaptation of one or more pre-existing works, you may need to give credit to the creator(s) of the pre-existing work(s), in addition to giving credit to the creator of the adaptation.

Do I always have to attribute the creator of the licensed material?

You must attribute the creator when you provide material to the public by any means that is restricted by copyright or similar rights. If you are using the material personally but are not making it or any adaptations of it available to others, you do not have to attribute the licensor. Similarly, if you are only distributing the material or adaptations of it within your company or organization, you do not have to comply with the attribution requirement. Learn more about when compliance with the license is not required.

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such.

Can I take a CC-licensed work and use it in a different format?

Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.

This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work.

How do I know if a low-resolution photo and a high-resolution photo are the same work?

As with most copyright questions, it will depend on applicable law. Generally, to be different works under copyright law, there must be expressive or original choices made that make one work a separate and distinct work from another. The determination depends on the standards for copyright in the relevant jurisdiction.

Under U.S. copyright law, for example, mechanical reproduction of a work into a different format is unlikely to create a separate, new work. Consequently, digitally enhancing or changing the format of a work absent some originality, such as expressive choices made in the enhancement or encoding, will not likely create a separate work for copyright purposes. The creative bar is low, but it is not non-existent. Accordingly, in some jurisdictions releasing a photograph under a CC license will give the public permission to reuse the photograph in a different resolution.

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

The NoDerivs licenses (BY-ND and BY-NC-ND) prohibit reusers from creating adaptations. What constitutes an adaptation, otherwise known as a derivative work, varies slightly based on the law of the relevant jurisdiction.

Incorporating an unaltered excerpt from an ND-licensed work into a larger work only creates an adaptation if the larger work can be said to be built upon and derived from the work from which the excerpt was taken. Generally, no derivative work is made of the original from which the excerpt was taken when the excerpt is used to illuminate an idea or provide an example in another larger work. Instead, only the reproduction right of the original copyright holder is being exercised by person reusing the excerpt. All CC licenses grant the right to reproduce a CC-licensed work for noncommercial purposes (at a minimum). For example, a person could make copies of one chapter of an ND-licensed book and not be in violation of the license so long as other conditions of the license are met.

There are exceptions to that general rule, however, when the excerpts are combined with other material in a way that creates some new version of the original from which the excerpt is taken. For example, if a portion of a song was used as part of a new song, that may rise to the level of creating an adaptation of the original song, even though only a portion of it was used and even if that portion was used as-is.

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

No. When you receive material under a Creative Commons license, you may not place additional terms and conditions on the reuse of the work. This includes using effective technological measures (ETMs) that would restrict a licensee’s ability to exercise the licensed rights.

A technological measure is considered an ETM if circumventing it carries penalties under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements. Generally, this means that the anti-circumvention laws of various jurisdictions would cover attempts to break it.

For example, if you remix a CC-licensed song, and you wish to share it on a music site that places digital copy-restriction on all uploaded files, you may not do this without express permission from the licensor. However, if you upload that same file to your own site or any other site that does not apply DRM to the file, and a listener chooses to stream it through an app that applies DRM, you have not violated the license.

Note that merely converting material into a different format that is difficult to access or is only available for certain platforms does not violate the restriction; you may do this without violating the license terms.

Can I share CC-licensed material on password-protected sites?

Yes. This is not considered to be a prohibited measure, so long as the protection is merely limiting who may access the content, and does not restrict the authorized recipients from exercising the licensed rights. For example, you may post material under any CC license on a site restricted to members of a certain school, or to paying customers, but you may not place effective technological measures (including DRM) on the files that prevents them from sharing the material elsewhere.

(Note that charging for access may not be permitted with NC-licensed material; however, it is not disallowed by the restriction on ETMs.)

Can I share CC-licensed material on file-sharing networks?

Yes. All CC licenses allow redistribution of the unmodified material by any means, including distribution via file-sharing networks. Note that file-trading is expressly considered to be noncommercial for purposes of compliance with the NC licenses. Barter of NC-licensed material for other items of value is not permitted.

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

If you have received material under a CC license that is encumbered with effective technological measures (such as digital rights management or DRM), you may or may not be permitted to break it, depending on the circumstances. By releasing material under a CC license, the licensor agrees not to assert any rights she may have to prevent the circumvention of effective technological measures. (Under the 3.0 and earlier licenses, this is implied but not explicit.) However, if she has uploaded it to a site or other distribution channel that itself applies such measures, that site may have the right to prevent you from breaking them, even though the licensor herself cannot do so.

Note that anti-circumvention laws can impose criminal liability in some jurisdictions.

What if I have received CC-licensed material with additional restrictions?

It is possible that CC-licensed material will appear on platforms that impose terms in addition to the copyright license (though Creative Commons strongly discourages restrictions that interfere with exercise of the licensed rights). These additional terms do not form part of the license for the work. For example, if you download CC-licensed material from a site that does not permit downloading, you may be breaking the terms of use of the site, but you are not infringing the CC license. See our guide to Modifying the CC licenses for more guidance and information.

Combining and adapting CC material

When is my use considered an adaptation?

Whether a modification of licensed material is considered an adaptation for the purpose of CC licenses depends primarily on the applicable copyright law. Copyright law reserves to an original creator the right to create adaptations of the original work. CC licenses that allow for adaptations to be shared—all except BY-ND and BY-NC-ND—grant permission to others to create and redistribute adaptations when doing so would otherwise constitute a violation of applicable copyright law. Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable, such as a translation of a novel from one language to another, or the creation of a screenplay based on a novel.

Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation, whether or not it would be considered so under applicable law. Also, under version 4.0, certain uses of databases restricted by sui generis database rights also constitute adaptations (called “Adapted Material” in the 4.0 licenses), whether or not they would be considered adaptations under copyright law. For more details about adaptations in the database context, see the Data FAQ.

Note that all CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license.

Note on terminology: throughout these FAQs, we use the term “remix” interchangeably with “adapt.” Both are designed to mean doing something that constitutes an adaptation under copyright law.

Can I combine material under different Creative Commons licenses in my work?

It depends. The first question to ask is whether doing so constitutes an adaptation. If the combination does not create an adaptation, then you may combine any CC-licensed content so long as you provide attribution and comply with the NonCommercial restriction if it applies. If you want to combine material in a way that results in the creation of an adaptation (i.e. a “remix”), then you must pay attention to the particular license that applies to the content you want to combine.

The NoDerivatives licenses do not permit remixing except for private use (the pre-4.0 licenses do not permit remixing at all, except as allowed by exceptions and limitations to copyright). All the other CC licenses allow remixes, but may impose limitations or conditions on how the remix may be used. For example, if you create a remix with material licensed under a ShareAlike license, you need to make sure that all of the material contributed to the remix is licensed under the same license or one that CC has named as compatible, and you must properly credit all of the sources with the required attribution and license information. Similarly, if you want to use a remix for commercial purposes, you cannot incorporate material released under one of the NonCommercial licenses.

The chart below shows which CC-licensed material can be remixed. To use the chart, find a license on the left column and on the top right row. If there is a check mark in the box where that row and column intersect, then the works can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies. See below for details on how remixes may be licensed.

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If you make adaptations of material under a CC license (i.e. “remix”), the original CC license always applies to the material you are adapting even once adapted. The license you may choose for your own contribution (called your “adapter’s license”) depends on which license applies to the original material. Recipients of the adaptation must comply with both the CC license on the original and your adapter’s license.

  • BY and BY-NC material

When remixing BY or BY-NC material, it is generally recommended that your adapter’s license include at least the same license elements as the license applied to the original material. This eases reuse for downstream users because they are able to satisfy both licenses by complying with the adapter’s license. For example, if you adapt material licensed under BY-NC, your adapter’s license should also contain the NC restriction. See the chart below for more details.

  • BY-SA and BY-NC-SA material

In general, when remixing ShareAlike content, your adapter’s license must be the same license as the license on the material you are adapting. All licenses after version 1.0 also allow you to license your contributions under a later version of the same license, and some also allow ported licenses. (See the license versions page for details.) If you wish to adapt material under BY-SA or BY-NC-SA and release your contributions under a non-CC license, you should visit the Compatibility page to see which options are allowed.

  • BY-ND and BY-NC-ND material

The BY-ND and BY-NC-ND licenses do not permit distribution of adaptations (also known as remixes or derivative works), and prohibits the creation of adaptations under the pre-4.0 versions of those licenses. Since you may not share remixes of these materials at all, there is no compatibility with other licenses. (Note that the ND licenses do allow you to reproduce the material in unmodified form together with other material in a collection, as indicated in the next FAQ.)

  • Adapter’s license chart

The chart below details the CC license(s) you may use as your adapter’s license. When creating an adaptation of material under the license identified in the lefthand column, you may license your contributions to the adaptation under one of the licenses indicated on the top row if the corresponding box is green. CC does not recommend using a license if the corresponding box is yellow, although doing so is technically permitted by the terms of the license. If you do, you should take additional care to mark the adaptation as involving multiple copyrights under different terms so that downstream users are aware of their obligations to comply with the licenses from all rights holders. Dark gray boxes indicate those licenses that you may not use as your adapter’s license.

Adapter’s license chart Adapter’s license
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work PD              
BY              
BY-NC              
BY-NC-ND              
BY-NC-SA              
BY-ND              
BY-SA              
Abbreviation Key

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

All Creative Commons licenses (including the version 4.0 licenses) allow licensed material to be included in collections such as anthologies, encyclopedias, and broadcasts. You may choose a license for the collection, however this does not change the license applicable to the original material.

When you include CC-licensed content in a collection, you still must adhere to the license conditions governing your use of the material incorporated. For example, material under any of the Creative Commons NonCommercial licenses cannot be used commercially. The table below indicates what type of CC-licensed works you may incorporate into collections licensed for commercial and noncommercial uses.

Original Work Commercial Collection (BY, BY-SA, BY-ND) NonCommercial Collection (BY-NC, BY-NC-SA, BY-NC-ND)
PD    
BY    
BY-NC    
BY-NC-ND    
BY-NC-SA    
BY-ND    
BY-SA    

License termination

When do Creative Commons licenses expire?

Creative Commons licenses expire when the underlying copyright and similar rights expire.

Note that the relevant rights may expire at different times. For example, you may have a CC-licensed song where the rights in the musical arrangement expire before the rights in the lyrics. In this case, when the copyright in the music expires, you may use it without being required to comply with the conditions of the CC license; however, you must still comply with the license if you use the lyrics.

What happens if the author decides to revoke the CC license to material I am using?

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms. Of course, you may choose to respect the licensor’s wishes and stop using the work.

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

All of the CC licenses terminate if you fail to follow the license conditions. If this happens, you no longer have a license to use the material.

In the 4.0 licenses, your rights under the license are automatically reinstated if you correct this failure within 30 days of discovering the violation (either on your own or because the licensor or someone else has told you). Under the 3.0 and earlier licenses, there is no automatic reinstatement.

If you have lost your rights under a CC license and are not entitled to automatic reinstatement, you may regain your rights under the license if the licensor expressly grants you permission. You cannot simply re-download the material to get a new license.

Note that you may still be liable for damages for copyright infringement for the period where you were not in compliance with the license.

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

The Creative Commons licenses have three layers, as does the CC0 public domain dedication: the human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The Public Domain Mark is not legally operative, and so has only two layers: the human-readable mark and machine-readable metadata.

When material is licensed using any of the CC licenses or tools, it is highly recommended that a CC button, text, or other marker somehow accompany it. There are many possible modes for marking. For our licenses, people generally use the CC license chooser to generate HTML code that can be pasted into the webpage where the licensed material is published. CC0 and the Public Domain Mark have a separate chooser. Many platforms and web services such as Flickr and Drupal support CC licensing directly, allowing you to select an appropriate license. The service then properly marks the work for you.

CC has published some best practices for marking your CC-licensed material, and recommends:

  • Including a visual indicator (some combination of text and images) that the work is licensed with one of the CC licenses.
  • Clearly indicating what material is covered under the CC license, especially if it’s presented alongside non-licensed materials.
  • Including a link to the human-readable deed (which itself contains a link to the legal code).
  • Embedding machine-readable metadata in the code of the license indicator or code of the licensed page.

See the marking page for more details.

What does it mean that Creative Commons licenses are “machine-readable”?

Creative Commons has specified CC REL as a way to associate machine-readable licensing metadata with objects offered under CC licenses.

Before Creative Commons developed this vocabulary, it was difficult for a machine to ascertain whether an object was marked with a CC license. There was also no standard, predictable place to house metadata about that license (for example, the source URL of the work or the required mode of attribution).

Machine-readable metadata based on well-accepted metadata standards creates a platform upon which new services and applications can be built. Software and services can detect CC licenses and the details of that license, as described by the metadata. For example, on many websites and search engines such as Google and Flickr, you can run filtered searches for works offered under specific CC licenses. In addition, CC license deeds can automatically create copy-and-paste attribution code so users may easily comply with the BY condition of the licenses. When you click on a CC license or button from a page with license metadata, you get copy-and-paste attribution HTML within that license deed page. That HTML is based on available RDFa metadata in the original material.

All HTML provided by the CC license chooser is automatically annotated with metadata in RDFa format.

What is RDFa?

RDFa is a method for embedding structured data in a web page. For more information about RDFa, see the following resources:

What is CC REL and why does Creative Commons recommend it?

Creative Commons Rights Expression Language (CC REL) renders information about licenses and works machine-readable through standards that define the semantic web. Creative Commons wants to make it easy for creators and scientists to build upon the works of others when they choose; licensing your work for reuse and finding properly licensed works to reuse should be easy. CC recommends that you mark your licensed works with CC REL. The Creative Commons license chooser provides HTML annotated with CC REL, while the Creative Commons deeds recognize CC REL on web pages with works offered under a CC license, and use this metadata to enhance the deed for properly marked-up works, e.g., by providing copy and paste HTML that includes work attribution.

For more background information on CC REL, please refer to this paper.

What does it mean for a search engine to be CC-enabled?

Some search engines (like Google) allow people to filter their search results by usage rights so that you can limit your search results according to the particular CC license you seek. For example, if you are looking for a photo to adapt, you can filter your search to return photos that have a CC license that permits creation of adaptations. You can generally find this search feature on the advanced search page of your selected search engine. You can also use CC Search, which offers a convenient interface to search and a list of those content providers that support searches for content based on usage rights.

Please note, however, that you should always double check to make sure that the work you locate through a search is licensed as you wish.

How do I give users of my site the option to use CC licensing like Flickr does?

Creative Commons provides tools for integrating license selection with your site. You can find an overview at the Web Integration article on the CC wiki. The Partner Interface is a good way to get started and will always have the most up-to-date license versions and translations. However, there is also an API available if you want more control.

How can I change or remove the Creative Commons search option built into the Firefox browser?

Mozilla has included the Creative Commons search function in many versions of Firefox along with search options for Google, Amazon, and other popular sites. Please take a look at the Firefox article on the CC wiki for an explanation of how to change these features.

If you want to add or remove a particular search option, click on the logo in the search box (for example, the CC logo or the Google logo). This will open the pull down menu, which will allow you to select different search providers. If you choose “Manage Search Engines,” you will be able to add or remove search engines. You can also alter the order in which the search providers appear on the pull down menu.

Is Creative Commons involved in digital rights management (DRM)?

No. CC licenses are a form of rights expression, not rights management. CC provides tools to make it easier for creators and owners to say which rights they reserve and permissions they grant. This is different from digital rights management (or “DRM”), which uses technological protection measures to prevent people from using the work in a way that the owner has not permitted.

CC licenses contain language prohibiting licensees from the use of effective technological measures (including DRM) to prevent access to licensed material: ”You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any such recipient.”

While licensors may apply effective technological measures (ETMs) to their own materials, the licensor provides a limited permission to circumvent these measures: “The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures.” Note that this only applies to effective technological measures applied by licensors themselves: third parties such as distribution platforms may still apply ETMs if the licensor uploads there, and the license is not able to grant you permission to circumvent it.

Copyright law grants exclusive rights to creators of original works of authorship. National laws usually extend protections to such works automatically once fixed in a tangible medium, prohibiting the making of copies without the rights holder’s permission, among other things. On the internet, even the most basic activities involve making copies of copyrighted content. As content is increasingly uploaded, downloaded, and shared online, copyright law is becoming more relevant to more people than it was 20 years ago. Unfortunately, infringing copyrights—even unintentionally or unknowingly—can lead to liability. Successful navigation of the internet requires some understanding of copyright law.

What is the public domain?

The public domain of copyright refers to the aggregate of those works that are not restricted by copyright within a given jurisdiction. A work may be part of the public domain because the applicable term of copyright has expired, because the rights holder surrendered copyright in the work with a tool like CC0, or because the work did not meet the applicable standards for copyrightability.

Because the public domain depends on the copyright laws in force within a particular territory, sometimes a work may be considered “in the public domain” of one jurisdiction, but not in another. For example, U.S. government works are automatically in the public domain under U.S. copyright law, but might be restricted by copyright in other countries.

The Public Domain Manifesto, the University Libraries page, and the CC0 FAQs all contain additional information about the public domain.

Copyright in most jurisdictions attaches automatically without need for any formality once a creative work is fixed in tangible form (i.e. the minute you put pen to paper, take a photo, or hit the “save” button on your computer).

In some jurisdictions, creators may be required to register with a national agency in order to enforce copyright in court. If you would like more information, please consult the Berne Convention or your jurisdiction’s copyright law.

Although you do not have to apply a copyright notice for your work to be protected, it may be a useful tool to clearly signal to people that the work is yours. It also tells the public who to contact about the work.

What is an adaptation?

An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.

In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter’s personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil’s copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction’s copyright law for more information.

What are moral rights?

Copyright laws in many jurisdictions around the world grant creators “moral rights” in addition to the economic or commercial right to exploit their creative works. Moral rights protect the personal and reputational value of a work for its creator. Moral rights differ by country, and can include the right of attribution, the right to have a work published anonymously or pseudonymously, and/or the right to the integrity of the work. The moral right of integrity may provide creators with a source for redress if an adaptation represents derogatory treatment of their work, typically defined as “distortion or mutilation” of the work or treatment that is “prejudicial to the honor, or reputation of the author.” Not all jurisdictions provide for moral rights.

The CC licenses are intended to minimize the effect of moral rights on a licensee’s ability to use licensed material; however, in some jurisdictions, these rights may still have an effect. CC offers some additional information on how CC licenses may affect your moral rights.

What are neighboring rights?

Copyright provides an incentive to create works by providing exclusive rights to creators. However, the distribution or exploitation of a work often involves more than just the creator. For example, if someone writes a song, someone else may perform the song, and another may produce the recording of the song. Some jurisdictions extend copyright to the contributions made by these persons; other jurisdictions extend such exclusive rights in the form of neighboring rights. Neighboring rights may include performers’ rights or broadcasters’ rights, among others. The Rome Convention sets forth some guidelines on the scope of neighboring rights. Not all jurisdictions recognize neighboring rights.

What are sui generis database rights?

Sui generis database rights grant qualifying database makers the right to prohibit the extraction and reuse of a substantial portion of a database. The rights are granted to database makers that make a substantial investment of time and resources to create the database. Sui generis database rights are primarily enacted within the European Union and a handful of other jurisdictions.

What are collecting societies?

Collecting societies are copyright management organizations. Some examples of collecting societies include ASCAP and BMI (United States), BUMA/STEMRA (Netherlands), PRS (United Kingdom), and APRA (Australia). These societies license works on behalf of their owners and process royalty payments from parties using the copyrighted works.

CC offers additional information on how collecting societies might affect your rights and your ability to apply CC licenses to your work. CC has several pilots underway with collecting societies that have chosen to allow their members to use CC licenses on a limited basis.

What are publicity, personality, and privacy rights?

These terms are used differently in different jurisdictions. Generally speaking, these rights allow individuals to control the use of their voice, image, likeness, or other identifiable aspect of their identity, especially for purposes of commercial exploitation. Similarly, in some jurisdictions these rights allow people to restrict others’ ability to publish information about them without their permission. Whether and to what extent these rights exist, and if so, how they are labeled, varies depending on the jurisdiction.

Creative Commons licenses have a limited effect on these rights where the licensor holds them. Where the licensor has publicity, personality, or privacy rights that may affect your ability to use the material as the license intends, the licensor agrees to waive or not assert those rights. However, any such rights not held by the licensor are not affected and may still affect your desired use of a licensed work. If you have created a work or wish to use a work that might in some way implicate these rights, you may need to obtain permission from the individuals whose rights may be affected.

Data

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

: Uses of CC Licenses with Data and Databases : Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker’s investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [marking page]https://wiki.creativecommons.org/wiki/Marking_your_work_with_a_CC_license “wikilink”) for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights–but not copyright–are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.1 These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker’s substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Artificial intelligence and CC licenses

What are the limits on how CC-licensed works can be used in the development of new technologies, such as training of artificial intelligence software?

The licenses grant permission for reuse in any situation that requires permission under copyright. There are many ways in which CC-licensed work works and even all rights reserved works can be reused without permission. This includes uses that are fair uses, for example.

If someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected. This is one of the enduring qualities of our licenses — they have been carefully designed to work with all new technologies where copyright comes into play. No special or explicit permission regarding new technologies from a copyright perspective is required.

But what about privacy laws, rules governing ethical research, and data protection laws?

CC’s copyright licenses are not universal policy tools. Copyright is the primary obstacle to reuse that our licenses solve, but there are many other issues related to the reuse of content that our licenses do not address and that reusers should be aware of. These can include privacy and rules governing ethical research and the collection or use of data, which have to be addressed and respected separate and apart from the copyright issues that CC licenses cover.

What attribution obligations exist when CC-licensed images are included in a published dataset? Is linking to the original image or URI required, and if so, is it adequate?

It depends. First, keep in mind that CC licenses never limit uses that copyright doesn’t control. For example, as a general matter text and data mining in the United States is considered a fair use and does not require permission under copyright. This means that reusers engaged in text and data mining do not have to adhere to the marking and attribution requirements in our licenses for that activity even though we strongly recommend they do so anyway. A second example is linking. In some countries, linking to copyrighted content doesn’t require permission under copyright law, which means the CC license obligations do not come into play even though the linked content is CC-licensed.

Where a CC-licensed work is distributed as part of a database or dataset, and assuming copyright (or in the European Union, copyright or sui generis database rights) is triggered, then the license conditions must be respected. This means providing the required attribution information in a way that is reasonable under the circumstances. Our licenses allow for some flexibility, and in some cases that may be as simple as providing a link to the website where the relevant attribution information is provided. Visit our marking practices page for more information.

If a for-profit company uses CC-licensed content under a Non Commercial license and releases the work under terms that allow only research purposes, is the NC restriction violated?

This depends on whether any of the uses made of the works by the company, whether for profit or non profit, are primarily intended for commercial advantage or monetary compensation. This is hard to know without having all of the facts about how a work was used, whether internally by the company for its own purposes or how the work was distributed for further use. Visit our NC page for more information about what constitutes commercial and non commercial uses of works.

If NC-licensed content is redistributed to the public under an NC license, that distribution would not violate the NC clause. (Note that CC strongly discourages the use of any license terms other than a CC NC license for redistributions of NC-licensed content.)

If CC SA-licensed content is included in a database, does the entire database have to be licensed under an SA license?

CC licenses never require a reuser of a CC-licensed work to make the original work or resulting works (collections, derivatives, etc.) publicly available. There are lots of private reuses of works that are permitted by CC’s licenses that do not require compliance with their terms. Regarding ShareAlike, the condition only applies if a work is modified and if the work is shared publicly. In the situation where a reuser created a dataset of photos and made it publicly available, and assuming copyright permission is required, then what is released is likely a collection or compilation of pre-existing works. CC licenses do not require the collection or the compilation itself to be made available under an SA license, even though each individual work is still licensed individually under an SA license and if they were modified by the distributor the modified photo would need to be licensed under the same terms. For example, were Creative Commons to compile photographs from a photo sharing website under a BY-SA 2.0 license and create a database that it then publicly distributed, CC could license the collection as a whole under a BY license, but the photographs would continue to be licensed under BY-SA 2.0.

What, if any, remedies, do users have if they dislike how their photos or images have been reused?

Several remedies are potentially available. Some may be available if the CC license terms have been violated, and others may be available through other, separate avenues because they involve other laws or regulations that the CC licenses do not cover. It’s important to remember, however, that absent a violation of the license the permissions granted under the license remain in place and cannot be revoked.

  • Under the CC licenses, even if a license condition has not been violated licensors can ask that attribution to them be removed so they can distance themselves from the reuse.
  • For violations of a CC license term where the license was required (not a fair use, etc.) then you may have a claim for copyright infringement. Fortunately, in the CC community most license violations are handled amicably without resorting to the courts.
  • For claims involving laws and regulations other than copyright, recourse may be available depending on your local laws.

An important starting point for any would-be sharer of content under a CC license is to educate yourself in advance about how they work and what rights they do and do not cover. We have many FAQs on our website. We also provide human-readable deeds with links to the full text of our licenses. Additionally, all of our licenses highlight at the beginning many considerations that licensors should have in mind before they license, and considerations for reusers of works before they do so in order to avoid inadvertent violations.

Notes

  1. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).↩

#####EOF##### Frequently Asked Questions - Creative Commons
English | Français

Frequently Asked Questions

2019-04-02 14:07:11 UTC

These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information.

  • Other CC FAQs: CC0 Public Domain Dedication and Public Domain Mark.
  • “Licensor”, “rights holder”, “owner”, and “creator” may be used interchangeably to refer to the person or entity applying a CC license.
  • Information about the licenses is primarily made with reference to the 4.0 suite, but earlier license versions are mentioned where they differ.
  • Have a question that isn’t answered here? Contact info@creativecommons.org.

Creative Commons does not provide legal advice. This FAQ is for informational purposes and is not a substitute for legal advice. It may not cover important issues that affect you. You should consult with your own lawyer if you have questions.

About CC

What is Creative Commons and what do you do?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. Our legal tools help those who want to encourage reuse of their works by offering them for use under generous, standardized terms; those who want to make creative uses of works; and those who want to benefit from this symbiosis. Our vision is to help others realize the full potential of the internet. CC has affiliates all over the world who help ensure our licenses work internationally and who raise awareness of our work.

Although Creative Commons is best known for its licenses, our work extends beyond just providing copyright licenses. CC offers other legal and technical tools that also facilitate sharing and discovery of creative works, such as CC0, a public domain dedication for rights holders who wish to put their work into the public domain before the expiration of copyright, and the Public Domain Mark, a tool for marking a work that is in the worldwide public domain. Creative Commons licenses and tools were designed specifically to work with the web, which makes content that is offered under their terms easy to search for, discover, and use.

For more information about CC, our main website contains in-depth information about the organization, its staff and board of directors, its history, and its supporters. You can also read CC case studies to learn about some of the inspiring ways CC licenses and tools have been used to share works and support innovative business models. You can find regularly updated information about CC by visiting the blog.

Absolutely not. CC has responded to claims to the contrary. CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

That said, Creative Commons recognizes the need for change in copyright law, and many members of the Creative Commons community are active participants in the copyright reform movement. For more information, see our statement in support of copyright reform.

What does “Some Rights Reserved” mean?

Copyright grants to creators a bundle of exclusive rights over their creative works, which generally include, at a minimum, the right to reproduce, distribute, display, and make adaptations. The phrase “All Rights Reserved” is often used by owners to indicate that they reserve all of the rights granted to them under the law. When copyright expires, the work enters the public domain, and the rights holder can no longer stop others from engaging in those activities under copyright, with the exception of moral rights reserved to creators in some jurisdictions. Creative Commons licenses offer creators a spectrum of choices between retaining all rights and relinquishing all rights (public domain), an approach we call “Some Rights Reserved.”

No. Creative Commons is not a law firm and does not provide legal advice or legal services. CC is similar to a self-help service that offers free, form-based legal documents for others to use. These FAQ answers many of the most common questions. There is also specialized information available on the following pages:

While CC does provide this informational guidance about its licenses and other tools, this information may not apply to your particular situation, and should never be taken as legal advice.

If you’re looking for legal advice about using CC licenses and other tools, we recommend contacting the Creative Commons affiliate in your jurisdiction. CC affiliates are highly connected to the communities of copyright lawyers in their countries. We also offer a list of lawyers and organizations who have identified themselves as willing to provide information to others about CC licensing issues. However, please note that CC does not provide referral services, and does not endorse or recommend any person on that list.

Does Creative Commons collect or track material licensed under a CC license?

No, CC does not collect content or track licensed material. However, CC builds technical tools that help the public search for and use works licensed under our licenses and other legal tools, and many others have built such tools as well. CC Search is one tool developed by CC to help the public discover works offered under Creative Commons licenses on the internet via CC-aware search engines and repositories.

What do the Creative Commons buttons do?

The CC buttons are a shorthand way to convey the basic permissions associated with material offered under CC licenses. Creators and owners who apply CC licenses to their material can download and apply those buttons to communicate to users the permissions granted in advance. When the material is offered online, the buttons should usually link out to the human-readable license deeds (which, in turn, link to the license itself).

May I use the Creative Commons logo and buttons?

You may download high resolution versions of the Creative Commons logos and use them in connection with your work or your website, provided you comply with our policies. Among other things, if you use the logos on a website or on your work, you may not alter the logos in any respect—such as by changing the font, the proportions, or the colors. CC’s buttons, name, and corporate logo (the “CC” in a circle) are trademarks of Creative Commons. You cannot use them in ways not permitted by our policies unless you first receive express, written permission. This means, for example, that you cannot (without our permission) print your own buttons and t-shirts using CC logos, although you can purchase them in CC’s store.

I love Creative Commons. How can I help?

Please support CC by making a donation through our support page. Donations can be handled through PayPal or by credit card. You can also support CC by visiting our store.

CC always welcomes your feedback, which you can provide by emailing . You can also participate in CC’s email discussion lists and share feedback and ideas in one of those forums.

If you are a software developer, sysadmin, or have other technical expertise, please join our developer community and help build the tools that build the commons.

Finally, one of the best ways to support CC is by supporting our causes yourself. Follow our blog to find out about current issues where you can help get involved and spread the word, and advocate for free and open licensing in your own communities.

Why does Creative Commons run an annual fundraising campaign? What is the money used for and where does it go?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, with affiliates all over the world who help ensure our licenses work internationally and raise awareness about our work. Our tools are free, and our reach is wide.

In order to…

  • continue developing our licenses and public domain tools to make sure they are legally and technically up-to-date around the world,
  • help creators implement these tools on websites through best practices and individual assistance,
  • enable CC licensing on major content-sharing platforms,
  • enhance CC-licensed resource search and discovery,
  • advocate for CC licensing and open policies in education, science, and culture, and
  • myriad other activities we’re forgetting to mention, such as all the everyday boring but essential operations that go into running an organization

…we need $ to make it all happen! For more information, please take a look at our Annual Report.

Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. It is essential we have the public’s support because it is the creators and users of CC material who make our tools relevant in this digital age. They depend on the tools and services CC provides through their reuse and remix of the rich, open resources available on Wikipedia, Flickr, SoundCloud, Vimeo, Europeana, MIT OpenCourseWare, the Library of Science, Al Jazeera, and YouTube—just to name a few. Many of these people donate $10, $25, or $50 to CC, to help keep it up and running so we can continue to provide our tools and services for free, as a nonprofit organization. The more people who donate to CC, the more independent it will remain.

General License Information

What are Creative Commons licenses?

Creative Commons licenses provide an easy way to manage the copyright terms that attach automatically to all creative material under copyright. Our licenses allow that material to be shared and reused under terms that are flexible and legally sound. Creative Commons offers a core suite of six copyright licenses. Because there is no single “Creative Commons license,” it is important to identify which of the six licenses you are applying to your material, which of the six licenses has been applied to material that you intend to use, and in both cases the specific version.

All of our licenses require that users provide attribution (BY) to the creator when the material is used and shared. Some licensors choose the BY license, which requires attribution to the creator as the only condition to reuse of the material. The other five licenses combine BY with one or more of three additional license elements: NonCommercial (NC), which prohibits commercial use of the material; NoDerivatives (ND), which prohibits the sharing of adaptations of the material; and ShareAlike (SA), which requires adaptations of the material be released under the same license.

CC licenses may be applied to any type of work, including educational resources, music, photographs, databases, government and public sector information, and many other types of material. The only categories of works for which CC does not recommend its licenses are computer software and hardware. You should also not apply Creative Commons licenses to works that are no longer protected by copyright or are otherwise in the public domain. Instead, for those works in the worldwide public domain, we recommend that you mark them with the Public Domain Mark.

How do CC licenses operate?

CC licenses are operative only when applied to material in which a copyright exists, and even then only when a particular use would otherwise not be permitted by copyright. Note that the latest version of CC licenses also applies to rights similar to copyright, such as neighboring rights and sui generis database rights. Learn more about the scope of the licenses. This means that CC license terms and conditions are not triggered by uses permitted under any applicable exceptions and limitations to copyright, nor do license terms and conditions apply to elements of a licensed work that are in the public domain. This also means that CC licenses do not contractually impose restrictions on uses of a work where there is no underlying copyright. This feature (and others) distinguish CC licenses from some other open licenses like the ODbL and ODC-BY, both of which are intended to impose contractual conditions and restrictions on the reuse of databases in jurisdictions where there is no underlying copyright or sui generis database right.

All CC licenses are non-exclusive: creators and owners can enter into additional, different licensing arrangements for the same material at any time (often referred to as “dual-licensing” or “multi-licensing”). However, CC licenses are not revocable once granted unless there has been a breach, and even then the license is terminated only for the breaching licensee.

There are also videos and comics that offer visual descriptions of how CC licenses work.

Which is the latest version of the licenses offered by Creative Commons?

In November 2013, Creative Commons published the version 4.0 license suite. These licenses are the most up-to-date licenses offered by CC, and are recommended over all prior versions. You can see how the licenses have been improved over time on the license versions page. 4.0 has been drafted to be internationally valid, and will have official translations becoming available after publication.

No. By design, CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions. This is a fundamental principle of CC licensing.

Who gives permission to use material offered under Creative Commons licenses?

Our licenses and legal tools are intended for use by anyone who holds copyright in the material. This is often, but not always, the creator.

Creative Commons offers licenses and tools to the public free of charge and does not require that creators or other rights holders register with CC in order to apply a CC license to a work. This means that CC does not have special knowledge of who uses the licenses and for what purposes, nor does CC have a way to contact creators beyond means generally available to the public. CC has no authority to grant permission on behalf of those persons, nor does CC manage those rights on behalf of others.

If you would like to obtain additional permissions to use the work beyond those granted by the license that has been applied, or if you’re not sure if your intended use is permitted by the license, you should contact the rights holder.

Are Creative Commons licenses enforceable in a court of law?

Creative Commons licenses are drafted to be enforceable around the world, and have been enforced in court in various jurisdictions. To CC’s knowledge, the licenses have never been held unenforceable or invalid.

CC licenses contain a “severability” clause. This allows a court to eliminate any provision determined to be unenforceable, and enforce the remaining provisions of the license.

What happens if someone applies a Creative Commons license to my work without my knowledge or authorization?

CC alerts prospective licensors they need to have all necessary rights before applying a CC license to a work. If that is not the case and someone has marked your work with a CC license without your authorization, you should contact that person and tell them to remove the license from your work. You may also wish to contact a lawyer. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What are the international (“unported”) Creative Commons licenses, and why does CC offer “ported” licenses?

One of CC’s goals is ensuring that all of its legal tools work globally, so that anyone anywhere in the world can share their work on globally standard terms. To this end, CC offers a core suite of six international copyright licenses (formerly called the “unported”) that are drafted based largely on various international treaties governing copyright, taking into account as many jurisdiction-specific legal issues as possible. The latest version (4.0) has been drafted with particular attention to the needs of international enforceability.

For version 3.0 and earlier, Creative Commons has also offered ported versions of its six core licenses for many jurisdictions (which usually correspond to countries, but not always). These ported licenses are based on the international license suite but have been modified to reflect local nuances in the expression of legal terms and conditions, drafting protocols, and language. The ported licenses and the international licenses are all intended to be legally effective everywhere. CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

Can governments and intergovernmental organizations (“IGOs”) use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors’ overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the “machine readable” layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]”; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you’re uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC’s Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC’s legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC’s Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and running pilot programs that allow creators to use CC licenses in some circumstances.

If you are already a member of a collecting society and want to use CC licenses, you are welcome to encourage your collecting society to give you the option of Creative Commons licensing.

Can I still make money from a work I make available under a Creative Commons license?

Yes. One of our goals is to encourage creators and rights holders to experiment with new ways to promote and market their work. There are several possible ways of doing this.

CC’s NonCommercial (NC) licenses allow rights holders to maximize distribution while maintaining control of the commercialization of their works. If you want to reserve the right to commercialize your work, you may do this by choosing a license with the NC condition. If someone else wants to use your work commercially and you have applied an NC license to your work, they must first get your permission. As the rights holder, you may still sell your own work commercially.

You may also use funding models that do not depend on using an NC license. For example, many artists and creators use crowdfunding to fund their work before releasing it under a less restrictive license. Others use a “freemium” model where the basic content is free, but extras such as a physical printed version or special access to a members-only website are for paying customers only.

For more information and ideas, The Power of Open presents case studies of artists, businesspeople, and organizations who use CC.

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

No. CC licenses allow for flexibility in the way credit is provided depending on the medium, means, and context in which a licensee is redistributing licensed material. For example, providing attribution to the creator when using licensed material in a blog post may be different than doing so in a video remix. This flexibility facilitates compliance by licensees and reduces uncertainty about different types of reuse—minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded.

Can I change the license terms or conditions?

Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons” or “CC” license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials. Keep in mind that altering terms and conditions is distinct from waiving existing conditions or granting additional permissions than those in the licenses. Licensors may always do so, and many choose to do so using the CC+ protocol to readily signal the waiver or additional permission on the CC license deed.

CC does not assert copyright in the text of its licenses, so you are permitted to modify the text as long as you do not use the CC marks to describe it. However, we do not recommend this. We also advise against modifying our licenses through indirect means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other material. This would prevent licensees from using, combining, or remixing content under your customized license with other content under the same or compatible CC licenses.

Modifying licenses creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.

Can I waive license terms or conditions?

Yes. You may always choose to waive some license terms or conditions. Material licensed under a CC license but with additional permissions granted or conditions waived may be compatibly licensed with other material under the same license. Our CC+ protocol provides a mechanism for facilitating that grant or waiver.

Can I enter into separate or supplemental agreements with users of my work?

Yes. CC licenses are nonexclusive. Licensors always have the option of entering into separate arrangements for the sharing of their material in addition to applying a CC license. However, those different arrangements are not “CC” or “Creative Commons” licenses.

Separate agreements: You may offer the licensed material under other licenses in addition to the CC license (a practice commonly referred to as “dual licensing”). For example, you may wish to license a video game soundtrack under both a CC license and the GPL, so that it may be used under either set of terms. A reuser may then choose which set of terms to comply with. Or, for example, you may offer your material to the public under a NonCommercial license, but offer commercial permissions to fee-paying customers.

Supplemental agreements: Problems arise when licensors design those terms or arrangements to serve not as separate, alternative licensing arrangements but as supplemental terms having the effect of changing the standard terms within the CC license. While you may offer separate terms and conditions to other parties, you should not do so in such a way that would neutralize terms of the CC license.

Except in the limited situation where more permissions are being granted or license conditions are waived, if the additional arrangement modifies or conflicts with the CC license terms, then the resulting licensing arrangement is no longer a CC licensing arrangement. To avoid confusing those who may mistakenly believe the work is licensed under standard CC terms, we must insist that in these instances licensors not use our trademarks, names, and logos in connection with their custom licensing arrangement.

It should be noted that any agreements you make with other parties only have an effect on the other parties to that agreement, and do not apply to anyone else receiving the licensed material. For example, if there are terms of use that apply to visitors to your website on which you host CC-licensed material, your terms of use may apply to visitors to that website, but not to anyone who receives copies of the CC-licensed material elsewhere. Even for the visitors to your website, any separate terms and conditions do not become part of the license—they remain a separate contractual agreement, and violation of this agreement does not constitute copyright infringement.

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

A CC license terminates automatically when its conditions are violated. For example, if a reuser of CC-licensed material does not provide the attribution required when sharing the work, then the user no longer has the right to continue using the material and may be liable for copyright infringement. The license is terminated for the user who violated the license. However, all other users still have a valid license, so long as they are in compliance.

Under the 4.0 licenses, a licensee automatically gets these rights back if she fixes the violation within 30 days of discovering it.

If you apply a Creative Commons license and a user violates the license conditions, you may opt to contact the person directly to ask them to rectify the situation or consult a lawyer to act on your behalf. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

As long as users abide by license terms and conditions, licensors cannot control how the material is used. However, CC licenses do provide several mechanisms that allow licensors to choose not to be associated with their material or to uses of their material with which they disagree.

First, all CC licenses prohibit using the attribution requirement to suggest that the licensor endorses or supports a particular use. Second, licensors may waive the attribution requirement, choosing not to be identified as the licensor, if they wish. Third, if the licensor does not like how the material has been modified or used, CC licenses require that the licensee remove the attribution information upon request. (In 3.0 and earlier, this is only a requirement for adaptations and collections; in 4.0, this also applies to the unmodified work.) Finally, anyone modifying licensed material must indicate that the original has been modified. This ensures that changes made to the original material–whether or not the licensor approves of them–are not attributed back to the licensor.

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

The use of any effective technical protection measures (such as digital rights management or “DRM”) by licensees to prevent others from exercising the licensed rights is prohibited.

Not all kinds of encryption or access limitations are prohibited by the licenses. For example, sending content via email and encrypting it with the recipient’s public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a particular set of users (for example, by requiring a username and password to enter a site) does not restrict further use of the content by the recipients. In these examples, these things do not prevent the recipient from exercising all of the rights granted by the license, including the right to redistribute it further.

If someone is applying effective technological measures to your CC-licensed material that do restrict exercise of the licensed rights (such as applying DRM that restricts copying), this is a violation of the license terms unless you have chosen to grant this permission separately.

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

No. CC licenses grant permission to use the licensed material in any media or format regardless of the format in which it has been made available. This is true even if you have applied a NoDerivatives license to your work. Once a CC license is applied to a work in one format or medium, a licensee may use the same work in any other format or medium without violating the licensor’s copyright.

What if I change my mind about using a CC license?

CC licenses are not revocable. Once something has been published under a CC license, licensees may continue using it according to the license terms for the duration of applicable copyright and similar rights. As a licensor, you may stop distributing under the CC license at any time, but anyone who has access to a copy of the material may continue to redistribute it under the CC license terms. While you cannot revoke the license, CC licenses do provide a mechanism for licensors to ask that others using their material remove the attribution information. You should think carefully before choosing a Creative Commons license.

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

CC offers six core licenses, each of which grants a different set of permissions. Before you use CC-licensed material, you should review the terms of the particular license to be sure your anticipated use is permitted. If you wish to use the work in a manner that is not permitted by the license, you should contact the rights holder (often the creator) to get permission first, or look for an alternative work that is licensed in a way that permits your anticipated use. Note that if you use material in a way that is not permitted by the applicable license and your use is not otherwise permitted by an applicable copyright exception or limitation, the license is automatically terminated and you may be liable for copyright infringement, even if you are eligible to have your rights reinstated later.

Before using material offered under a Creative Commons license, you should know that CC licenses only grant permissions needed under copyright and similar rights, and there may be additional rights you need to use it as intended. You should also understand that licensors do not offer warranties or guarantees about the material they are licensing unless expressly indicated otherwise. All materials are licensed “AS IS” and a disclaimer of warranties applies unless expressly provided otherwise. If you want to ask for a warranty or guarantee about rights to use the material, you should talk with the licensor before using it.

Does a Creative Commons license give me all the rights I need to use the work?

It depends. CC licenses do not license rights other than copyright and similar rights (which include sui generis database rights in version 4.0). For example, they do not license trademark or patent rights, or the publicity, personality, and privacy rights of third parties. However, licensors agree to waive or not assert any moral rights, publicity rights, personality rights, or privacy rights they themselves hold, to the limited extent necessary to allow exercise of the licensed rights. Any rights outside of the scope of the license may require clearance (i.e., permission) in order to use the work as you would like.

Additionally, creative works sometimes incorporate works owned by others (known as “third party content”), often used pursuant to a CC license or under an exception or limitation to copyright such as fair use in the U.S. You should make sure you have permission to use any third party content contained in the work you want to use, or that your use is otherwise allowed under the laws of your jurisdiction, particularly in cases such as fair use where your right to use the content depends on the particular context in which you plan to use it.

All CC licenses contain a disclaimer of warranties, meaning that the licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work. You may wish to obtain legal advice before using CC-licensed material if you are not sure whether you have all the rights you need.

What if there are sui generis database rights that apply to my use of a CC-licensed database?

In the somewhat limited circumstances where sui generis database rights apply to your use, special conditions apply and there are more specific considerations you should be aware of. Under 4.0, sui generis database rights are licensed alongside copyright, but the treatment in earlier versions of the license varies. A fuller explanation of these variations and related considerations is available in the Data FAQ.

Where can I find material offered under a CC license?

If you are looking for material offered under a Creative Commons license, CC Search is a good starting point. There is also a directory of organizations and individuals who use CC licenses. Some media sites, such as Flickr, have search filters for material licensed using CC’s licenses.

Be sure to confirm that the material you want to use is actually under a CC license, as search results may sometimes be misleading.

Are Creative Commons works really free to use?

Yes. While many if not most CC-licensed works are available at no cost, some licensors charge for initial access to CC-licensed works—for example, by publishing CC-licensed content only to subscribers, or by charging for downloads. However, even if you have paid an access charge, once you have a copy of CC-licensed material, you may make any further uses permitted by the license without paying licensing fees.

(If you wish to make uses that are not permitted by the license—for example, making a commercial use of an NC-licensed photo—the licensor may charge for those additional rights.)

What should I know about differences between the international licenses and the ported licenses?

As a licensee, you should always read and understand the relevant license’s legal code before using CC-licensed material, particularly if you are using material that is licensed using a ported license with which you are unfamiliar. Our porting process involved adapting the international licenses to the legal framework of different jurisdictions, and in that process slight adjustments may have been made that you should make yourself aware of in advance of using the material. You can find more information about the ported licenses in the Jurisdiction Database.

There are currently no ported versions of 4.0, and we expect there will be few, if any, in the future. All official translations of the 4.0 international licenses are equivalent: you may substitute one for another depending on your preferred language.

However, the ported versions of 3.0 and earlier sometimes contain small differences from the international license depending on the ways in which they have been adapted to their jurisdictions. For example, a handful of the ported licenses contain provisions specifying which laws will apply in the event the licensor chooses to enforce the license, and a few of the ported licenses contain forum selection clauses.

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Contact the rights holders to ask for permission. Otherwise, unless an exception or limitation to copyright applies, your use of the material may violate the Creative Commons license. If you violate the terms of the license, your rights to use the material will be automatically terminated, and you may be liable for copyright infringement.

Do I always have to comply with the license terms? If not, what are the exceptions?

You need to comply with the license terms if what you are doing would otherwise require permission from the rights holder. If your use would not require permission from the rights holder because it falls under an exception or limitation, such as fair use, or because the material has come into the public domain, the license does not apply, and you do not need to comply with its terms and conditions. Additionally, if you are using an excerpt small enough to be uncopyrightable, the license does not apply to your use, and you do not need to comply with its terms.

However, if you are using excerpts of CC-licensed material which individually are minimal and do not require license compliance, but together make up a significant copyrightable chunk, you must comply with the license terms. For example, if you quote many individual lines from a poem across several sections of a blog post, and your use is not a fair use, you must comply with the license even though no individual line would have been a substantial enough portion of the work to require this.

Attribution

How do I properly attribute material offered under a Creative Commons license?

All CC licenses require users to attribute the creator of licensed material, unless the creator has waived that requirement, not supplied a name, or asked that her name be removed. Additionally, you must retain a copyright notice, a link to the license (or to the deed), a license notice, a notice about the disclaimer of warranties, and a URI if reasonable. For versions prior to 4.0, you must also provide the title of the work. (Though it is not a requirement in 4.0, it is still recommended if one is supplied.)

You must also indicate if you have modified the work—for example, if you have taken an excerpt, or cropped a photo. (For versions prior to 4.0, this is only required if you have created an adaptation by contributing your own creative material, but it is recommended even when not required.) It is not necessary to note trivial alterations, such as correcting a typo or changing a font size. Finally, you must retain an indication of previous modifications to the work.

CC licenses have a flexible attribution requirement, so there is not necessarily one correct way to provide attribution. The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner. Additionally, you may satisfy the attribution requirement by providing a link to a place where the attribution information may be found.

While the attribution requirements in the license are the minimum requirement, we always recommend that you follow the best practices for the kind of use you are making. For example, if you are using scientific data marked with CC0, you are not required to give attribution at all, but we recommend that you give the same credit you would give to any other source—not because the license requires it, but because that is the standard for letting others know the source of the data.

The CC website offers some best practices to help you attribute properly, and the CC Australia team has developed a helpful guide to attributing CC-licensed material (.pdf) in different formats. Note that the attribution and marking requirements vary slightly among license versions. See here for a chart comparing the specific requirements.

Do I need to be aware of anything else when providing attribution?

Yes. You need to be careful not to imply any sponsorship, endorsement, or connection with the licensor or attribution party without their permission. Wrongfully implying that a creator, publisher, or anyone else endorses you or your use of a work may be unlawful. Creative Commons makes the obligation not to imply endorsement explicit in its licenses. In addition, if the licensor of a work requests that you remove the identifying credit, you must do so to the extent practical.

Additionally, when you are using a work that is an adaptation of one or more pre-existing works, you may need to give credit to the creator(s) of the pre-existing work(s), in addition to giving credit to the creator of the adaptation.

Do I always have to attribute the creator of the licensed material?

You must attribute the creator when you provide material to the public by any means that is restricted by copyright or similar rights. If you are using the material personally but are not making it or any adaptations of it available to others, you do not have to attribute the licensor. Similarly, if you are only distributing the material or adaptations of it within your company or organization, you do not have to comply with the attribution requirement. Learn more about when compliance with the license is not required.

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such.

Can I take a CC-licensed work and use it in a different format?

Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.

This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work.

How do I know if a low-resolution photo and a high-resolution photo are the same work?

As with most copyright questions, it will depend on applicable law. Generally, to be different works under copyright law, there must be expressive or original choices made that make one work a separate and distinct work from another. The determination depends on the standards for copyright in the relevant jurisdiction.

Under U.S. copyright law, for example, mechanical reproduction of a work into a different format is unlikely to create a separate, new work. Consequently, digitally enhancing or changing the format of a work absent some originality, such as expressive choices made in the enhancement or encoding, will not likely create a separate work for copyright purposes. The creative bar is low, but it is not non-existent. Accordingly, in some jurisdictions releasing a photograph under a CC license will give the public permission to reuse the photograph in a different resolution.

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

The NoDerivs licenses (BY-ND and BY-NC-ND) prohibit reusers from creating adaptations. What constitutes an adaptation, otherwise known as a derivative work, varies slightly based on the law of the relevant jurisdiction.

Incorporating an unaltered excerpt from an ND-licensed work into a larger work only creates an adaptation if the larger work can be said to be built upon and derived from the work from which the excerpt was taken. Generally, no derivative work is made of the original from which the excerpt was taken when the excerpt is used to illuminate an idea or provide an example in another larger work. Instead, only the reproduction right of the original copyright holder is being exercised by person reusing the excerpt. All CC licenses grant the right to reproduce a CC-licensed work for noncommercial purposes (at a minimum). For example, a person could make copies of one chapter of an ND-licensed book and not be in violation of the license so long as other conditions of the license are met.

There are exceptions to that general rule, however, when the excerpts are combined with other material in a way that creates some new version of the original from which the excerpt is taken. For example, if a portion of a song was used as part of a new song, that may rise to the level of creating an adaptation of the original song, even though only a portion of it was used and even if that portion was used as-is.

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

No. When you receive material under a Creative Commons license, you may not place additional terms and conditions on the reuse of the work. This includes using effective technological measures (ETMs) that would restrict a licensee’s ability to exercise the licensed rights.

A technological measure is considered an ETM if circumventing it carries penalties under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements. Generally, this means that the anti-circumvention laws of various jurisdictions would cover attempts to break it.

For example, if you remix a CC-licensed song, and you wish to share it on a music site that places digital copy-restriction on all uploaded files, you may not do this without express permission from the licensor. However, if you upload that same file to your own site or any other site that does not apply DRM to the file, and a listener chooses to stream it through an app that applies DRM, you have not violated the license.

Note that merely converting material into a different format that is difficult to access or is only available for certain platforms does not violate the restriction; you may do this without violating the license terms.

Can I share CC-licensed material on password-protected sites?

Yes. This is not considered to be a prohibited measure, so long as the protection is merely limiting who may access the content, and does not restrict the authorized recipients from exercising the licensed rights. For example, you may post material under any CC license on a site restricted to members of a certain school, or to paying customers, but you may not place effective technological measures (including DRM) on the files that prevents them from sharing the material elsewhere.

(Note that charging for access may not be permitted with NC-licensed material; however, it is not disallowed by the restriction on ETMs.)

Can I share CC-licensed material on file-sharing networks?

Yes. All CC licenses allow redistribution of the unmodified material by any means, including distribution via file-sharing networks. Note that file-trading is expressly considered to be noncommercial for purposes of compliance with the NC licenses. Barter of NC-licensed material for other items of value is not permitted.

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

If you have received material under a CC license that is encumbered with effective technological measures (such as digital rights management or DRM), you may or may not be permitted to break it, depending on the circumstances. By releasing material under a CC license, the licensor agrees not to assert any rights she may have to prevent the circumvention of effective technological measures. (Under the 3.0 and earlier licenses, this is implied but not explicit.) However, if she has uploaded it to a site or other distribution channel that itself applies such measures, that site may have the right to prevent you from breaking them, even though the licensor herself cannot do so.

Note that anti-circumvention laws can impose criminal liability in some jurisdictions.

What if I have received CC-licensed material with additional restrictions?

It is possible that CC-licensed material will appear on platforms that impose terms in addition to the copyright license (though Creative Commons strongly discourages restrictions that interfere with exercise of the licensed rights). These additional terms do not form part of the license for the work. For example, if you download CC-licensed material from a site that does not permit downloading, you may be breaking the terms of use of the site, but you are not infringing the CC license. See our guide to Modifying the CC licenses for more guidance and information.

Combining and adapting CC material

When is my use considered an adaptation?

Whether a modification of licensed material is considered an adaptation for the purpose of CC licenses depends primarily on the applicable copyright law. Copyright law reserves to an original creator the right to create adaptations of the original work. CC licenses that allow for adaptations to be shared—all except BY-ND and BY-NC-ND—grant permission to others to create and redistribute adaptations when doing so would otherwise constitute a violation of applicable copyright law. Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable, such as a translation of a novel from one language to another, or the creation of a screenplay based on a novel.

Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation, whether or not it would be considered so under applicable law. Also, under version 4.0, certain uses of databases restricted by sui generis database rights also constitute adaptations (called “Adapted Material” in the 4.0 licenses), whether or not they would be considered adaptations under copyright law. For more details about adaptations in the database context, see the Data FAQ.

Note that all CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license.

Note on terminology: throughout these FAQs, we use the term “remix” interchangeably with “adapt.” Both are designed to mean doing something that constitutes an adaptation under copyright law.

Can I combine material under different Creative Commons licenses in my work?

It depends. The first question to ask is whether doing so constitutes an adaptation. If the combination does not create an adaptation, then you may combine any CC-licensed content so long as you provide attribution and comply with the NonCommercial restriction if it applies. If you want to combine material in a way that results in the creation of an adaptation (i.e. a “remix”), then you must pay attention to the particular license that applies to the content you want to combine.

The NoDerivatives licenses do not permit remixing except for private use (the pre-4.0 licenses do not permit remixing at all, except as allowed by exceptions and limitations to copyright). All the other CC licenses allow remixes, but may impose limitations or conditions on how the remix may be used. For example, if you create a remix with material licensed under a ShareAlike license, you need to make sure that all of the material contributed to the remix is licensed under the same license or one that CC has named as compatible, and you must properly credit all of the sources with the required attribution and license information. Similarly, if you want to use a remix for commercial purposes, you cannot incorporate material released under one of the NonCommercial licenses.

The chart below shows which CC-licensed material can be remixed. To use the chart, find a license on the left column and on the top right row. If there is a check mark in the box where that row and column intersect, then the works can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies. See below for details on how remixes may be licensed.

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If you make adaptations of material under a CC license (i.e. “remix”), the original CC license always applies to the material you are adapting even once adapted. The license you may choose for your own contribution (called your “adapter’s license”) depends on which license applies to the original material. Recipients of the adaptation must comply with both the CC license on the original and your adapter’s license.

  • BY and BY-NC material

When remixing BY or BY-NC material, it is generally recommended that your adapter’s license include at least the same license elements as the license applied to the original material. This eases reuse for downstream users because they are able to satisfy both licenses by complying with the adapter’s license. For example, if you adapt material licensed under BY-NC, your adapter’s license should also contain the NC restriction. See the chart below for more details.

  • BY-SA and BY-NC-SA material

In general, when remixing ShareAlike content, your adapter’s license must be the same license as the license on the material you are adapting. All licenses after version 1.0 also allow you to license your contributions under a later version of the same license, and some also allow ported licenses. (See the license versions page for details.) If you wish to adapt material under BY-SA or BY-NC-SA and release your contributions under a non-CC license, you should visit the Compatibility page to see which options are allowed.

  • BY-ND and BY-NC-ND material

The BY-ND and BY-NC-ND licenses do not permit distribution of adaptations (also known as remixes or derivative works), and prohibits the creation of adaptations under the pre-4.0 versions of those licenses. Since you may not share remixes of these materials at all, there is no compatibility with other licenses. (Note that the ND licenses do allow you to reproduce the material in unmodified form together with other material in a collection, as indicated in the next FAQ.)

  • Adapter’s license chart

The chart below details the CC license(s) you may use as your adapter’s license. When creating an adaptation of material under the license identified in the lefthand column, you may license your contributions to the adaptation under one of the licenses indicated on the top row if the corresponding box is green. CC does not recommend using a license if the corresponding box is yellow, although doing so is technically permitted by the terms of the license. If you do, you should take additional care to mark the adaptation as involving multiple copyrights under different terms so that downstream users are aware of their obligations to comply with the licenses from all rights holders. Dark gray boxes indicate those licenses that you may not use as your adapter’s license.

Adapter’s license chart Adapter’s license
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work PD              
BY              
BY-NC              
BY-NC-ND              
BY-NC-SA              
BY-ND              
BY-SA              
Abbreviation Key

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

All Creative Commons licenses (including the version 4.0 licenses) allow licensed material to be included in collections such as anthologies, encyclopedias, and broadcasts. You may choose a license for the collection, however this does not change the license applicable to the original material.

When you include CC-licensed content in a collection, you still must adhere to the license conditions governing your use of the material incorporated. For example, material under any of the Creative Commons NonCommercial licenses cannot be used commercially. The table below indicates what type of CC-licensed works you may incorporate into collections licensed for commercial and noncommercial uses.

Original Work Commercial Collection (BY, BY-SA, BY-ND) NonCommercial Collection (BY-NC, BY-NC-SA, BY-NC-ND)
PD    
BY    
BY-NC    
BY-NC-ND    
BY-NC-SA    
BY-ND    
BY-SA    

License termination

When do Creative Commons licenses expire?

Creative Commons licenses expire when the underlying copyright and similar rights expire.

Note that the relevant rights may expire at different times. For example, you may have a CC-licensed song where the rights in the musical arrangement expire before the rights in the lyrics. In this case, when the copyright in the music expires, you may use it without being required to comply with the conditions of the CC license; however, you must still comply with the license if you use the lyrics.

What happens if the author decides to revoke the CC license to material I am using?

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms. Of course, you may choose to respect the licensor’s wishes and stop using the work.

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

All of the CC licenses terminate if you fail to follow the license conditions. If this happens, you no longer have a license to use the material.

In the 4.0 licenses, your rights under the license are automatically reinstated if you correct this failure within 30 days of discovering the violation (either on your own or because the licensor or someone else has told you). Under the 3.0 and earlier licenses, there is no automatic reinstatement.

If you have lost your rights under a CC license and are not entitled to automatic reinstatement, you may regain your rights under the license if the licensor expressly grants you permission. You cannot simply re-download the material to get a new license.

Note that you may still be liable for damages for copyright infringement for the period where you were not in compliance with the license.

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

The Creative Commons licenses have three layers, as does the CC0 public domain dedication: the human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The Public Domain Mark is not legally operative, and so has only two layers: the human-readable mark and machine-readable metadata.

When material is licensed using any of the CC licenses or tools, it is highly recommended that a CC button, text, or other marker somehow accompany it. There are many possible modes for marking. For our licenses, people generally use the CC license chooser to generate HTML code that can be pasted into the webpage where the licensed material is published. CC0 and the Public Domain Mark have a separate chooser. Many platforms and web services such as Flickr and Drupal support CC licensing directly, allowing you to select an appropriate license. The service then properly marks the work for you.

CC has published some best practices for marking your CC-licensed material, and recommends:

  • Including a visual indicator (some combination of text and images) that the work is licensed with one of the CC licenses.
  • Clearly indicating what material is covered under the CC license, especially if it’s presented alongside non-licensed materials.
  • Including a link to the human-readable deed (which itself contains a link to the legal code).
  • Embedding machine-readable metadata in the code of the license indicator or code of the licensed page.

See the marking page for more details.

What does it mean that Creative Commons licenses are “machine-readable”?

Creative Commons has specified CC REL as a way to associate machine-readable licensing metadata with objects offered under CC licenses.

Before Creative Commons developed this vocabulary, it was difficult for a machine to ascertain whether an object was marked with a CC license. There was also no standard, predictable place to house metadata about that license (for example, the source URL of the work or the required mode of attribution).

Machine-readable metadata based on well-accepted metadata standards creates a platform upon which new services and applications can be built. Software and services can detect CC licenses and the details of that license, as described by the metadata. For example, on many websites and search engines such as Google and Flickr, you can run filtered searches for works offered under specific CC licenses. In addition, CC license deeds can automatically create copy-and-paste attribution code so users may easily comply with the BY condition of the licenses. When you click on a CC license or button from a page with license metadata, you get copy-and-paste attribution HTML within that license deed page. That HTML is based on available RDFa metadata in the original material.

All HTML provided by the CC license chooser is automatically annotated with metadata in RDFa format.

What is RDFa?

RDFa is a method for embedding structured data in a web page. For more information about RDFa, see the following resources:

What is CC REL and why does Creative Commons recommend it?

Creative Commons Rights Expression Language (CC REL) renders information about licenses and works machine-readable through standards that define the semantic web. Creative Commons wants to make it easy for creators and scientists to build upon the works of others when they choose; licensing your work for reuse and finding properly licensed works to reuse should be easy. CC recommends that you mark your licensed works with CC REL. The Creative Commons license chooser provides HTML annotated with CC REL, while the Creative Commons deeds recognize CC REL on web pages with works offered under a CC license, and use this metadata to enhance the deed for properly marked-up works, e.g., by providing copy and paste HTML that includes work attribution.

For more background information on CC REL, please refer to this paper.

What does it mean for a search engine to be CC-enabled?

Some search engines (like Google) allow people to filter their search results by usage rights so that you can limit your search results according to the particular CC license you seek. For example, if you are looking for a photo to adapt, you can filter your search to return photos that have a CC license that permits creation of adaptations. You can generally find this search feature on the advanced search page of your selected search engine. You can also use CC Search, which offers a convenient interface to search and a list of those content providers that support searches for content based on usage rights.

Please note, however, that you should always double check to make sure that the work you locate through a search is licensed as you wish.

How do I give users of my site the option to use CC licensing like Flickr does?

Creative Commons provides tools for integrating license selection with your site. You can find an overview at the Web Integration article on the CC wiki. The Partner Interface is a good way to get started and will always have the most up-to-date license versions and translations. However, there is also an API available if you want more control.

How can I change or remove the Creative Commons search option built into the Firefox browser?

Mozilla has included the Creative Commons search function in many versions of Firefox along with search options for Google, Amazon, and other popular sites. Please take a look at the Firefox article on the CC wiki for an explanation of how to change these features.

If you want to add or remove a particular search option, click on the logo in the search box (for example, the CC logo or the Google logo). This will open the pull down menu, which will allow you to select different search providers. If you choose “Manage Search Engines,” you will be able to add or remove search engines. You can also alter the order in which the search providers appear on the pull down menu.

Is Creative Commons involved in digital rights management (DRM)?

No. CC licenses are a form of rights expression, not rights management. CC provides tools to make it easier for creators and owners to say which rights they reserve and permissions they grant. This is different from digital rights management (or “DRM”), which uses technological protection measures to prevent people from using the work in a way that the owner has not permitted.

CC licenses contain language prohibiting licensees from the use of effective technological measures (including DRM) to prevent access to licensed material: ”You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any such recipient.”

While licensors may apply effective technological measures (ETMs) to their own materials, the licensor provides a limited permission to circumvent these measures: “The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures.” Note that this only applies to effective technological measures applied by licensors themselves: third parties such as distribution platforms may still apply ETMs if the licensor uploads there, and the license is not able to grant you permission to circumvent it.

Copyright law grants exclusive rights to creators of original works of authorship. National laws usually extend protections to such works automatically once fixed in a tangible medium, prohibiting the making of copies without the rights holder’s permission, among other things. On the internet, even the most basic activities involve making copies of copyrighted content. As content is increasingly uploaded, downloaded, and shared online, copyright law is becoming more relevant to more people than it was 20 years ago. Unfortunately, infringing copyrights—even unintentionally or unknowingly—can lead to liability. Successful navigation of the internet requires some understanding of copyright law.

What is the public domain?

The public domain of copyright refers to the aggregate of those works that are not restricted by copyright within a given jurisdiction. A work may be part of the public domain because the applicable term of copyright has expired, because the rights holder surrendered copyright in the work with a tool like CC0, or because the work did not meet the applicable standards for copyrightability.

Because the public domain depends on the copyright laws in force within a particular territory, sometimes a work may be considered “in the public domain” of one jurisdiction, but not in another. For example, U.S. government works are automatically in the public domain under U.S. copyright law, but might be restricted by copyright in other countries.

The Public Domain Manifesto, the University Libraries page, and the CC0 FAQs all contain additional information about the public domain.

Copyright in most jurisdictions attaches automatically without need for any formality once a creative work is fixed in tangible form (i.e. the minute you put pen to paper, take a photo, or hit the “save” button on your computer).

In some jurisdictions, creators may be required to register with a national agency in order to enforce copyright in court. If you would like more information, please consult the Berne Convention or your jurisdiction’s copyright law.

Although you do not have to apply a copyright notice for your work to be protected, it may be a useful tool to clearly signal to people that the work is yours. It also tells the public who to contact about the work.

What is an adaptation?

An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.

In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter’s personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil’s copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction’s copyright law for more information.

What are moral rights?

Copyright laws in many jurisdictions around the world grant creators “moral rights” in addition to the economic or commercial right to exploit their creative works. Moral rights protect the personal and reputational value of a work for its creator. Moral rights differ by country, and can include the right of attribution, the right to have a work published anonymously or pseudonymously, and/or the right to the integrity of the work. The moral right of integrity may provide creators with a source for redress if an adaptation represents derogatory treatment of their work, typically defined as “distortion or mutilation” of the work or treatment that is “prejudicial to the honor, or reputation of the author.” Not all jurisdictions provide for moral rights.

The CC licenses are intended to minimize the effect of moral rights on a licensee’s ability to use licensed material; however, in some jurisdictions, these rights may still have an effect. CC offers some additional information on how CC licenses may affect your moral rights.

What are neighboring rights?

Copyright provides an incentive to create works by providing exclusive rights to creators. However, the distribution or exploitation of a work often involves more than just the creator. For example, if someone writes a song, someone else may perform the song, and another may produce the recording of the song. Some jurisdictions extend copyright to the contributions made by these persons; other jurisdictions extend such exclusive rights in the form of neighboring rights. Neighboring rights may include performers’ rights or broadcasters’ rights, among others. The Rome Convention sets forth some guidelines on the scope of neighboring rights. Not all jurisdictions recognize neighboring rights.

What are sui generis database rights?

Sui generis database rights grant qualifying database makers the right to prohibit the extraction and reuse of a substantial portion of a database. The rights are granted to database makers that make a substantial investment of time and resources to create the database. Sui generis database rights are primarily enacted within the European Union and a handful of other jurisdictions.

What are collecting societies?

Collecting societies are copyright management organizations. Some examples of collecting societies include ASCAP and BMI (United States), BUMA/STEMRA (Netherlands), PRS (United Kingdom), and APRA (Australia). These societies license works on behalf of their owners and process royalty payments from parties using the copyrighted works.

CC offers additional information on how collecting societies might affect your rights and your ability to apply CC licenses to your work. CC has several pilots underway with collecting societies that have chosen to allow their members to use CC licenses on a limited basis.

What are publicity, personality, and privacy rights?

These terms are used differently in different jurisdictions. Generally speaking, these rights allow individuals to control the use of their voice, image, likeness, or other identifiable aspect of their identity, especially for purposes of commercial exploitation. Similarly, in some jurisdictions these rights allow people to restrict others’ ability to publish information about them without their permission. Whether and to what extent these rights exist, and if so, how they are labeled, varies depending on the jurisdiction.

Creative Commons licenses have a limited effect on these rights where the licensor holds them. Where the licensor has publicity, personality, or privacy rights that may affect your ability to use the material as the license intends, the licensor agrees to waive or not assert those rights. However, any such rights not held by the licensor are not affected and may still affect your desired use of a licensed work. If you have created a work or wish to use a work that might in some way implicate these rights, you may need to obtain permission from the individuals whose rights may be affected.

Data

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

: Uses of CC Licenses with Data and Databases : Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker’s investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [marking page]https://wiki.creativecommons.org/wiki/Marking_your_work_with_a_CC_license “wikilink”) for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights–but not copyright–are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.1 These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker’s substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Artificial intelligence and CC licenses

What are the limits on how CC-licensed works can be used in the development of new technologies, such as training of artificial intelligence software?

The licenses grant permission for reuse in any situation that requires permission under copyright. There are many ways in which CC-licensed work works and even all rights reserved works can be reused without permission. This includes uses that are fair uses, for example.

If someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected. This is one of the enduring qualities of our licenses — they have been carefully designed to work with all new technologies where copyright comes into play. No special or explicit permission regarding new technologies from a copyright perspective is required.

But what about privacy laws, rules governing ethical research, and data protection laws?

CC’s copyright licenses are not universal policy tools. Copyright is the primary obstacle to reuse that our licenses solve, but there are many other issues related to the reuse of content that our licenses do not address and that reusers should be aware of. These can include privacy and rules governing ethical research and the collection or use of data, which have to be addressed and respected separate and apart from the copyright issues that CC licenses cover.

What attribution obligations exist when CC-licensed images are included in a published dataset? Is linking to the original image or URI required, and if so, is it adequate?

It depends. First, keep in mind that CC licenses never limit uses that copyright doesn’t control. For example, as a general matter text and data mining in the United States is considered a fair use and does not require permission under copyright. This means that reusers engaged in text and data mining do not have to adhere to the marking and attribution requirements in our licenses for that activity even though we strongly recommend they do so anyway. A second example is linking. In some countries, linking to copyrighted content doesn’t require permission under copyright law, which means the CC license obligations do not come into play even though the linked content is CC-licensed.

Where a CC-licensed work is distributed as part of a database or dataset, and assuming copyright (or in the European Union, copyright or sui generis database rights) is triggered, then the license conditions must be respected. This means providing the required attribution information in a way that is reasonable under the circumstances. Our licenses allow for some flexibility, and in some cases that may be as simple as providing a link to the website where the relevant attribution information is provided. Visit our marking practices page for more information.

If a for-profit company uses CC-licensed content under a Non Commercial license and releases the work under terms that allow only research purposes, is the NC restriction violated?

This depends on whether any of the uses made of the works by the company, whether for profit or non profit, are primarily intended for commercial advantage or monetary compensation. This is hard to know without having all of the facts about how a work was used, whether internally by the company for its own purposes or how the work was distributed for further use. Visit our NC page for more information about what constitutes commercial and non commercial uses of works.

If NC-licensed content is redistributed to the public under an NC license, that distribution would not violate the NC clause. (Note that CC strongly discourages the use of any license terms other than a CC NC license for redistributions of NC-licensed content.)

If CC SA-licensed content is included in a database, does the entire database have to be licensed under an SA license?

CC licenses never require a reuser of a CC-licensed work to make the original work or resulting works (collections, derivatives, etc.) publicly available. There are lots of private reuses of works that are permitted by CC’s licenses that do not require compliance with their terms. Regarding ShareAlike, the condition only applies if a work is modified and if the work is shared publicly. In the situation where a reuser created a dataset of photos and made it publicly available, and assuming copyright permission is required, then what is released is likely a collection or compilation of pre-existing works. CC licenses do not require the collection or the compilation itself to be made available under an SA license, even though each individual work is still licensed individually under an SA license and if they were modified by the distributor the modified photo would need to be licensed under the same terms. For example, were Creative Commons to compile photographs from a photo sharing website under a BY-SA 2.0 license and create a database that it then publicly distributed, CC could license the collection as a whole under a BY license, but the photographs would continue to be licensed under BY-SA 2.0.

What, if any, remedies, do users have if they dislike how their photos or images have been reused?

Several remedies are potentially available. Some may be available if the CC license terms have been violated, and others may be available through other, separate avenues because they involve other laws or regulations that the CC licenses do not cover. It’s important to remember, however, that absent a violation of the license the permissions granted under the license remain in place and cannot be revoked.

  • Under the CC licenses, even if a license condition has not been violated licensors can ask that attribution to them be removed so they can distance themselves from the reuse.
  • For violations of a CC license term where the license was required (not a fair use, etc.) then you may have a claim for copyright infringement. Fortunately, in the CC community most license violations are handled amicably without resorting to the courts.
  • For claims involving laws and regulations other than copyright, recourse may be available depending on your local laws.

An important starting point for any would-be sharer of content under a CC license is to educate yourself in advance about how they work and what rights they do and do not cover. We have many FAQs on our website. We also provide human-readable deeds with links to the full text of our licenses. Additionally, all of our licenses highlight at the beginning many considerations that licensors should have in mind before they license, and considerations for reusers of works before they do so in order to avoid inadvertent violations.

Notes

  1. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).↩

#####EOF##### Creative Commons Legal Code

Creative Commons Legal Code

Attribution-NonCommercial-NoDerivs 3.0 Unported

CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.

License

THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.

BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.

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  7. "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
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2. Fair Dealing Rights. Nothing in this License is intended to reduce, limit, or restrict any uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.

3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:

  1. to Reproduce the Work, to incorporate the Work into one or more Collections, and to Reproduce the Work as incorporated in the Collections; and,
  2. to Distribute and Publicly Perform the Work including as incorporated in Collections.

The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats, but otherwise you have no rights to make Adaptations. Subject to 8(f), all rights not expressly granted by Licensor are hereby reserved, including but not limited to the rights set forth in Section 4(d).

4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:

  1. You may Distribute or Publicly Perform the Work only under the terms of this License. You must include a copy of, or the Uniform Resource Identifier (URI) for, this License with every copy of the Work You Distribute or Publicly Perform. You may not offer or impose any terms on the Work that restrict the terms of this License or the ability of the recipient of the Work to exercise the rights granted to that recipient under the terms of the License. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties with every copy of the Work You Distribute or Publicly Perform. When You Distribute or Publicly Perform the Work, You may not impose any effective technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise the rights granted to that recipient under the terms of the License. This Section 4(a) applies to the Work as incorporated in a Collection, but this does not require the Collection apart from the Work itself to be made subject to the terms of this License. If You create a Collection, upon notice from any Licensor You must, to the extent practicable, remove from the Collection any credit as required by Section 4(c), as requested.
  2. You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.
  3. If You Distribute, or Publicly Perform the Work or Collections, You must, unless a request has been made pursuant to Section 4(a), keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or if the Original Author and/or Licensor designate another party or parties (e.g., a sponsor institute, publishing entity, journal) for attribution ("Attribution Parties") in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; (ii) the title of the Work if supplied; (iii) to the extent reasonably practicable, the URI, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work. The credit required by this Section 4(c) may be implemented in any reasonable manner; provided, however, that in the case of a Collection, at a minimum such credit will appear, if a credit for all contributing authors of Collection appears, then as part of these credits and in a manner at least as prominent as the credits for the other contributing authors. For the avoidance of doubt, You may only use the credit required by this Section for the purpose of attribution in the manner set out above and, by exercising Your rights under this License, You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Original Author, Licensor and/or Attribution Parties, as appropriate, of You or Your use of the Work, without the separate, express prior written permission of the Original Author, Licensor and/or Attribution Parties.

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    2. Waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme can be waived, the Licensor reserves the exclusive right to collect such royalties for any exercise by You of the rights granted under this License if Your exercise of such rights is for a purpose or use which is otherwise than noncommercial as permitted under Section 4(b) and otherwise waives the right to collect royalties through any statutory or compulsory licensing scheme; and,
    3. Voluntary License Schemes. The Licensor reserves the right to collect royalties, whether individually or, in the event that the Licensor is a member of a collecting society that administers voluntary licensing schemes, via that society, from any exercise by You of the rights granted under this License that is for a purpose or use which is otherwise than noncommercial as permitted under Section 4(b).
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  5. The rights granted under, and the subject matter referenced, in this License were drafted utilizing the terminology of the Berne Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on July 24, 1971). These rights and subject matter take effect in the relevant jurisdiction in which the License terms are sought to be enforced according to the corresponding provisions of the implementation of those treaty provisions in the applicable national law. If the standard suite of rights granted under applicable copyright law includes additional rights not granted under this License, such additional rights are deemed to be included in the License; this License is not intended to restrict the license of any rights under applicable law.

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Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.

Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, Creative Commons does not authorize the use by either party of the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time. For the avoidance of doubt, this trademark restriction does not form part of this License.

Creative Commons may be contacted at https://creativecommons.org/.

#####EOF##### Databases and Creative Commons - Creative Commons

Databases and Creative Commons

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For current information related to data sharing, see the Data page in this wiki.

The document "Databases and Creative Commons" prepared in 2006 that used to be available at the following URLs:

is superseded by the Data page in this wiki. If you seek the older document please consult the Internet Archive's copy of it.

Retrieved from "https://wiki.creativecommons.org/index.php?title=Databases_and_Creative_Commons&oldid=61947"

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#####EOF##### Strategy and ideas - Creative Commons
Creative Commons > Use & remix > Strategy and ideas

Strategy and ideas

This year, Creative Commons presented its 2016-2020 Organizational Strategy, reflecting over a year of intensive collaboration by CC’s global community. The insights and approaches contained within it have been influenced by hundreds of valuable discussions with our stakeholders, ranging from creators and open community leaders, to foundations and government officials.

video credits

This will be a transformative shift for Creative Commons — a new direction that is more focused and will have even greater impact. For more, we hope you’ll check out our series of blog posts: “We need to talk about sharing,” “Towards a vibrant, usable commons,” and “Let’s light up our global commons.” or read the full strategy.

We’d love to hear your ideas











Video credits

Art Direction and Motion Graphic Design by Bienvenido Cruz

Video license: Creative Commons Attribution-ShareAlike 4.0

Sound Elements

Subtitles

Please submit your subtitles in SRT format to info@creativecommons.org

 

#####EOF##### Open access Archives - Creative Commons
Creative Commons > Blog > Open access

Open access

European Commission forging ahead to boost public sector information and open science

  While the EU copyright reform teeters on the edge of turning into a complete disaster, last week the European Commission published a proposal for a revision of the Directive on the reuse of public sector information (PSI Directive), and a recommendation on access to and preservation of scientific information. Both of these documents are … Read More “European Commission forging ahead to boost public sector information and open science”

Open access

A Thank You to Everyone Who Supported Diego and Open Access to Knowledge

In December Diego Gómez was finally cleared of the criminal charges levied against him for sharing an academic research paper on the internet. The Tribunal de Bogotá—the Colombian appellate court—affirmed the lower court’s acquittal. Gómez is a scientist from Colombia who had been criminally prosecuted for the last three years for sharing an academic paper … Read More “A Thank You to Everyone Who Supported Diego and Open Access to Knowledge”

Open access

Colombian appellate court affirms: Diego Gómez not guilty for sharing research paper online

Yesterday we learned that the Tribunal de Bogotá—the Colombian appellate court—has affirmed the lower court’s acquittal of Diego Gómez. Gómez is a scientist from Colombia who has been criminally prosecuted for the last three years for sharing an academic paper online. When Diego was a student in conservation biology in Colombia, he had poor access … Read More “Colombian appellate court affirms: Diego Gómez not guilty for sharing research paper online”

Open access

Open In Order To…Fulfill Our Vision for Universal Access to Research and Education

It’s Open Access Week, the yearly global event to raise broad awareness about the opportunities and benefits for open access to scientific and scholarly research. Open Access Week—now in its 10th year—also mobilises action for progressive policy changes so that researchers and the public get immediate online access to the results of scholarly research, and … Read More “Open In Order To…Fulfill Our Vision for Universal Access to Research and Education”

Open access

Open In Order To…Guarantee Access to the Laws That Govern Us

It’s Open Access Week, the yearly global event to raise broad awareness about the opportunities and benefits for open access to scientific and scholarly research. Open Access Week—now in its 10th year—also mobilises action for progressive policy changes so that researchers and the public get immediate online access to the results of scholarly research, and … Read More “Open In Order To…Guarantee Access to the Laws That Govern Us”

Open access

Open In Order To…Accelerate Research and Scientific Discoveries

It’s Open Access Week, the yearly global event to raise broad awareness about the opportunities and benefits for open access to scientific and scholarly research. Open Access Week—now in its 10th year—also mobilises action for progressive policy changes so that researchers and the public get immediate online access to the results of scholarly research, and … Read More “Open In Order To…Accelerate Research and Scientific Discoveries”

Open access

Open In Order To…Promote Knowledge Sharing, Not Criminalize It

It’s Open Access Week, the yearly global event to raise broad awareness about the opportunities and benefits for open access to scientific and scholarly research. Open Access Week—now in its 10th year—also mobilises action for progressive policy changes so that researchers and the public get immediate online access to the results of scholarly research, and … Read More “Open In Order To…Promote Knowledge Sharing, Not Criminalize It”

Open access

Open In Order To…Maximize Reuse Possibilities of Research

It’s Open Access Week, a yearly global event to raise broad awareness about the opportunities and benefits for open access to scientific and scholarly research. Open Access Week—now in its 10th year—mobilises action for progressive policy changes so that researchers and the public get immediate online access to the results of scholarly research and the … Read More “Open In Order To…Maximize Reuse Possibilities of Research”

Open access

Contribuye al Fondo de Defensa Legal de Diego Gómez

Hace tres semanas reportamos que Diego Gómez, estudiante Colombiano demandado por compartir por internet un paper académico, ha sido absuelto de los cargos penales en su contra. Pero hace algunos días los abogados del denunciante apelaron a la decisión del juez de primera instancia, lo que implica que luego de varios años de procedimientos judiciales … Read More “Contribuye al Fondo de Defensa Legal de Diego Gómez”

Open access

Contribute to the Diego Gómez Legal Defense Fund

Support Diego by donating today! Three weeks ago we reported that Diego Gómez, the former Colombian student who’s been prosecuted for sharing a research paper online, had been acquitted of criminal charges. But within days of the ruling, the author’s lawyer appealed the decision, meaning that even after several years of unnecessary (and expensive) criminal … Read More “Contribute to the Diego Gómez Legal Defense Fund”

Open access
#####EOF##### Creative Commons Legal Code

Creative Commons

Creative Commons Legal Code

Attribution-NonCommercial-NoDerivs 2.0

CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.

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2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.

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The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats, but otherwise you have no rights to make Derivative Works. All rights not expressly granted by Licensor are hereby reserved, including but not limited to the rights set forth in Sections 4(d) and 4(e).

4. Restrictions.The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:

  1. You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any reference to such Licensor or the Original Author, as requested.
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    1. Performance Royalties Under Blanket Licenses. Licensor reserves the exclusive right to collect, whether individually or via a performance rights society (e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital performance (e.g. webcast) of the Work if that performance is primarily intended for or directed toward commercial advantage or private monetary compensation.
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UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.

6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Termination

  1. This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Collective Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
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8. Miscellaneous

  1. Each time You distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
  2. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
  3. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
  4. This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.

Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.

Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, neither party will use the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time.

Creative Commons may be contacted at https://creativecommons.org/.

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#####EOF##### Creative Commons

Main Page

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Welcome to the CC Wiki! The purpose of this wiki is to help you learn more about CC and give you a chance to collaborate with us. CC relies on its community of users to keep it strong, so now is your chance to get involved! To learn more about wikis and how to edit them, visit our Getting Started page.
Please login with your CCID by clicking the log in link above -- If you have any questions or problems, please write to info@creativecommons.org.
Accounts must be approved before you can edit the CC Wiki -- Please write to info@creativecommons.org providing your CCID and something to prove you are a real person who wants to edit the Wiki.


More about CC

FAQ

Page of Frequently Asked Questions, with information on all aspects of Creative Commons licensing.

Developers

Resources for software developers interested in developing tools to facilitate the use and growth of Creative Commons licenses and standards.

Marking

List of best practices for marking content with CC licenses.

Web Integration

Everything a web-based (media) hosting site needs to know to integrate CC and CC-related features.

Affiliate Network*

The CC Affiliate Network consists of 100+ affiliates working in over 79 jurisdictions to support and promote CC activities around the world.

*As of January 2018, the Affiliate Network transitioned to a Global Network, where everyone - individuals and institutions - are welcome. The Creative Commons Global Network works together to realize our shared values and build relationships around the world. Interested in signing up? Become a member at https://network.creativecommons.org/.

Open Educational Resources

Read about Open Educational Resources (OER) and how Creative Commons supports the movement.

Wiki Projects

Translate

Help us translate our wiki, web content, videos and more.

Version 4.0 of the CC License Suite

CC has released a new version of its core license suite, version 4.0.

Case Studies

Past, present, and future "CC success stories" to help measure the impact of Creative Commons around the world. Everyone is encouraged to contribute!

Content Directories

A list of organizations and projects powered with Creative Commons licenses.

Events

Upcoming Creative Commons-relevant events around the world: get details, add an event, learn how to start a ccSalon, and sign up for our events mailing list.

OER Project

Contribute to CC's OER wiki-databases and pages.

Documentation

Large-scale CC specifications, recommendations, white papers, tutorials.

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#####EOF##### CC Affiliate Network - Creative Commons

CC Affiliate Network

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As of Apr 2017, Creative Commons is shifting from the current Affiliate Program to a new Global Network structure. This page contains all resources related to the Affiliates and the history of the CC Affiliates Network and will no longer be updated once the transition process is completed.

If you are interested in learning more about or interested in joining CC Global Network, please read this article. If you have any questions or requests regarding CC’s global network, please join our community channel on Slack or contact Simeon Oriko, Global Network Manager, at network@creativecommons.org.

Creative Commons Affiliate Network consists of 100+ affiliates with over 500 volunteers and community members who serve as CC representatives in over 85 countries.

The teams have a wide range of responsibilities, including public outreach, community building, translating information and tools, fielding inquiries, conducting research, communicating with the public, maintaining resources for CC users, and in general, promoting sharing and our mission. These teams have a formal relationship with Creative Commons via an agreement between organizations, universities or individuals in the jurisdiction and CC HQ.

Visit Affiliates page on the CC wiki for more information, including regional activities and history of our work.

List of Affiliates by Jurisdiction


The Licensing Suite

Creative Commons offers a core suite of six copyright licenses written to conform to international treaties governing copyright. The international licenses, as well as existing ported licenses, are all intended to be effective anywhere in the world, with the same effect. In the past, when it was demonstrated that a ported license was needed, Creative Commons worked with experts to craft a localized version of its six, core international licenses. Over 50 ported license suites exist. These ported licenses are based on and compatible with the international license suite, differing only in that they have been modified to reflect local nuances in how terms and conditions are expressed, drafting protocols and, of course, language. They are effective worldwide, as is the international license suite. The most recent international license suite available is 4.0. Version 4.0 will not be ported absent compelling circumstances; CC will begin considering requests to port the 4.0 suite in mid-2014.



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#####EOF##### Frequently Asked Questions - Creative Commons
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Frequently Asked Questions

2019-04-02 14:07:11 UTC

These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information.

  • Other CC FAQs: CC0 Public Domain Dedication and Public Domain Mark.
  • “Licensor”, “rights holder”, “owner”, and “creator” may be used interchangeably to refer to the person or entity applying a CC license.
  • Information about the licenses is primarily made with reference to the 4.0 suite, but earlier license versions are mentioned where they differ.
  • Have a question that isn’t answered here? Contact info@creativecommons.org.

Creative Commons does not provide legal advice. This FAQ is for informational purposes and is not a substitute for legal advice. It may not cover important issues that affect you. You should consult with your own lawyer if you have questions.

About CC

What is Creative Commons and what do you do?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. Our legal tools help those who want to encourage reuse of their works by offering them for use under generous, standardized terms; those who want to make creative uses of works; and those who want to benefit from this symbiosis. Our vision is to help others realize the full potential of the internet. CC has affiliates all over the world who help ensure our licenses work internationally and who raise awareness of our work.

Although Creative Commons is best known for its licenses, our work extends beyond just providing copyright licenses. CC offers other legal and technical tools that also facilitate sharing and discovery of creative works, such as CC0, a public domain dedication for rights holders who wish to put their work into the public domain before the expiration of copyright, and the Public Domain Mark, a tool for marking a work that is in the worldwide public domain. Creative Commons licenses and tools were designed specifically to work with the web, which makes content that is offered under their terms easy to search for, discover, and use.

For more information about CC, our main website contains in-depth information about the organization, its staff and board of directors, its history, and its supporters. You can also read CC case studies to learn about some of the inspiring ways CC licenses and tools have been used to share works and support innovative business models. You can find regularly updated information about CC by visiting the blog.

Absolutely not. CC has responded to claims to the contrary. CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

That said, Creative Commons recognizes the need for change in copyright law, and many members of the Creative Commons community are active participants in the copyright reform movement. For more information, see our statement in support of copyright reform.

What does “Some Rights Reserved” mean?

Copyright grants to creators a bundle of exclusive rights over their creative works, which generally include, at a minimum, the right to reproduce, distribute, display, and make adaptations. The phrase “All Rights Reserved” is often used by owners to indicate that they reserve all of the rights granted to them under the law. When copyright expires, the work enters the public domain, and the rights holder can no longer stop others from engaging in those activities under copyright, with the exception of moral rights reserved to creators in some jurisdictions. Creative Commons licenses offer creators a spectrum of choices between retaining all rights and relinquishing all rights (public domain), an approach we call “Some Rights Reserved.”

No. Creative Commons is not a law firm and does not provide legal advice or legal services. CC is similar to a self-help service that offers free, form-based legal documents for others to use. These FAQ answers many of the most common questions. There is also specialized information available on the following pages:

While CC does provide this informational guidance about its licenses and other tools, this information may not apply to your particular situation, and should never be taken as legal advice.

If you’re looking for legal advice about using CC licenses and other tools, we recommend contacting the Creative Commons affiliate in your jurisdiction. CC affiliates are highly connected to the communities of copyright lawyers in their countries. We also offer a list of lawyers and organizations who have identified themselves as willing to provide information to others about CC licensing issues. However, please note that CC does not provide referral services, and does not endorse or recommend any person on that list.

Does Creative Commons collect or track material licensed under a CC license?

No, CC does not collect content or track licensed material. However, CC builds technical tools that help the public search for and use works licensed under our licenses and other legal tools, and many others have built such tools as well. CC Search is one tool developed by CC to help the public discover works offered under Creative Commons licenses on the internet via CC-aware search engines and repositories.

What do the Creative Commons buttons do?

The CC buttons are a shorthand way to convey the basic permissions associated with material offered under CC licenses. Creators and owners who apply CC licenses to their material can download and apply those buttons to communicate to users the permissions granted in advance. When the material is offered online, the buttons should usually link out to the human-readable license deeds (which, in turn, link to the license itself).

May I use the Creative Commons logo and buttons?

You may download high resolution versions of the Creative Commons logos and use them in connection with your work or your website, provided you comply with our policies. Among other things, if you use the logos on a website or on your work, you may not alter the logos in any respect—such as by changing the font, the proportions, or the colors. CC’s buttons, name, and corporate logo (the “CC” in a circle) are trademarks of Creative Commons. You cannot use them in ways not permitted by our policies unless you first receive express, written permission. This means, for example, that you cannot (without our permission) print your own buttons and t-shirts using CC logos, although you can purchase them in CC’s store.

I love Creative Commons. How can I help?

Please support CC by making a donation through our support page. Donations can be handled through PayPal or by credit card. You can also support CC by visiting our store.

CC always welcomes your feedback, which you can provide by emailing . You can also participate in CC’s email discussion lists and share feedback and ideas in one of those forums.

If you are a software developer, sysadmin, or have other technical expertise, please join our developer community and help build the tools that build the commons.

Finally, one of the best ways to support CC is by supporting our causes yourself. Follow our blog to find out about current issues where you can help get involved and spread the word, and advocate for free and open licensing in your own communities.

Why does Creative Commons run an annual fundraising campaign? What is the money used for and where does it go?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, with affiliates all over the world who help ensure our licenses work internationally and raise awareness about our work. Our tools are free, and our reach is wide.

In order to…

  • continue developing our licenses and public domain tools to make sure they are legally and technically up-to-date around the world,
  • help creators implement these tools on websites through best practices and individual assistance,
  • enable CC licensing on major content-sharing platforms,
  • enhance CC-licensed resource search and discovery,
  • advocate for CC licensing and open policies in education, science, and culture, and
  • myriad other activities we’re forgetting to mention, such as all the everyday boring but essential operations that go into running an organization

…we need $ to make it all happen! For more information, please take a look at our Annual Report.

Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. It is essential we have the public’s support because it is the creators and users of CC material who make our tools relevant in this digital age. They depend on the tools and services CC provides through their reuse and remix of the rich, open resources available on Wikipedia, Flickr, SoundCloud, Vimeo, Europeana, MIT OpenCourseWare, the Library of Science, Al Jazeera, and YouTube—just to name a few. Many of these people donate $10, $25, or $50 to CC, to help keep it up and running so we can continue to provide our tools and services for free, as a nonprofit organization. The more people who donate to CC, the more independent it will remain.

General License Information

What are Creative Commons licenses?

Creative Commons licenses provide an easy way to manage the copyright terms that attach automatically to all creative material under copyright. Our licenses allow that material to be shared and reused under terms that are flexible and legally sound. Creative Commons offers a core suite of six copyright licenses. Because there is no single “Creative Commons license,” it is important to identify which of the six licenses you are applying to your material, which of the six licenses has been applied to material that you intend to use, and in both cases the specific version.

All of our licenses require that users provide attribution (BY) to the creator when the material is used and shared. Some licensors choose the BY license, which requires attribution to the creator as the only condition to reuse of the material. The other five licenses combine BY with one or more of three additional license elements: NonCommercial (NC), which prohibits commercial use of the material; NoDerivatives (ND), which prohibits the sharing of adaptations of the material; and ShareAlike (SA), which requires adaptations of the material be released under the same license.

CC licenses may be applied to any type of work, including educational resources, music, photographs, databases, government and public sector information, and many other types of material. The only categories of works for which CC does not recommend its licenses are computer software and hardware. You should also not apply Creative Commons licenses to works that are no longer protected by copyright or are otherwise in the public domain. Instead, for those works in the worldwide public domain, we recommend that you mark them with the Public Domain Mark.

How do CC licenses operate?

CC licenses are operative only when applied to material in which a copyright exists, and even then only when a particular use would otherwise not be permitted by copyright. Note that the latest version of CC licenses also applies to rights similar to copyright, such as neighboring rights and sui generis database rights. Learn more about the scope of the licenses. This means that CC license terms and conditions are not triggered by uses permitted under any applicable exceptions and limitations to copyright, nor do license terms and conditions apply to elements of a licensed work that are in the public domain. This also means that CC licenses do not contractually impose restrictions on uses of a work where there is no underlying copyright. This feature (and others) distinguish CC licenses from some other open licenses like the ODbL and ODC-BY, both of which are intended to impose contractual conditions and restrictions on the reuse of databases in jurisdictions where there is no underlying copyright or sui generis database right.

All CC licenses are non-exclusive: creators and owners can enter into additional, different licensing arrangements for the same material at any time (often referred to as “dual-licensing” or “multi-licensing”). However, CC licenses are not revocable once granted unless there has been a breach, and even then the license is terminated only for the breaching licensee.

There are also videos and comics that offer visual descriptions of how CC licenses work.

Which is the latest version of the licenses offered by Creative Commons?

In November 2013, Creative Commons published the version 4.0 license suite. These licenses are the most up-to-date licenses offered by CC, and are recommended over all prior versions. You can see how the licenses have been improved over time on the license versions page. 4.0 has been drafted to be internationally valid, and will have official translations becoming available after publication.

No. By design, CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions. This is a fundamental principle of CC licensing.

Who gives permission to use material offered under Creative Commons licenses?

Our licenses and legal tools are intended for use by anyone who holds copyright in the material. This is often, but not always, the creator.

Creative Commons offers licenses and tools to the public free of charge and does not require that creators or other rights holders register with CC in order to apply a CC license to a work. This means that CC does not have special knowledge of who uses the licenses and for what purposes, nor does CC have a way to contact creators beyond means generally available to the public. CC has no authority to grant permission on behalf of those persons, nor does CC manage those rights on behalf of others.

If you would like to obtain additional permissions to use the work beyond those granted by the license that has been applied, or if you’re not sure if your intended use is permitted by the license, you should contact the rights holder.

Are Creative Commons licenses enforceable in a court of law?

Creative Commons licenses are drafted to be enforceable around the world, and have been enforced in court in various jurisdictions. To CC’s knowledge, the licenses have never been held unenforceable or invalid.

CC licenses contain a “severability” clause. This allows a court to eliminate any provision determined to be unenforceable, and enforce the remaining provisions of the license.

What happens if someone applies a Creative Commons license to my work without my knowledge or authorization?

CC alerts prospective licensors they need to have all necessary rights before applying a CC license to a work. If that is not the case and someone has marked your work with a CC license without your authorization, you should contact that person and tell them to remove the license from your work. You may also wish to contact a lawyer. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What are the international (“unported”) Creative Commons licenses, and why does CC offer “ported” licenses?

One of CC’s goals is ensuring that all of its legal tools work globally, so that anyone anywhere in the world can share their work on globally standard terms. To this end, CC offers a core suite of six international copyright licenses (formerly called the “unported”) that are drafted based largely on various international treaties governing copyright, taking into account as many jurisdiction-specific legal issues as possible. The latest version (4.0) has been drafted with particular attention to the needs of international enforceability.

For version 3.0 and earlier, Creative Commons has also offered ported versions of its six core licenses for many jurisdictions (which usually correspond to countries, but not always). These ported licenses are based on the international license suite but have been modified to reflect local nuances in the expression of legal terms and conditions, drafting protocols, and language. The ported licenses and the international licenses are all intended to be legally effective everywhere. CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

Can governments and intergovernmental organizations (“IGOs”) use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors’ overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the “machine readable” layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]”; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you’re uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC’s Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC’s legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC’s Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and running pilot programs that allow creators to use CC licenses in some circumstances.

If you are already a member of a collecting society and want to use CC licenses, you are welcome to encourage your collecting society to give you the option of Creative Commons licensing.

Can I still make money from a work I make available under a Creative Commons license?

Yes. One of our goals is to encourage creators and rights holders to experiment with new ways to promote and market their work. There are several possible ways of doing this.

CC’s NonCommercial (NC) licenses allow rights holders to maximize distribution while maintaining control of the commercialization of their works. If you want to reserve the right to commercialize your work, you may do this by choosing a license with the NC condition. If someone else wants to use your work commercially and you have applied an NC license to your work, they must first get your permission. As the rights holder, you may still sell your own work commercially.

You may also use funding models that do not depend on using an NC license. For example, many artists and creators use crowdfunding to fund their work before releasing it under a less restrictive license. Others use a “freemium” model where the basic content is free, but extras such as a physical printed version or special access to a members-only website are for paying customers only.

For more information and ideas, The Power of Open presents case studies of artists, businesspeople, and organizations who use CC.

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

No. CC licenses allow for flexibility in the way credit is provided depending on the medium, means, and context in which a licensee is redistributing licensed material. For example, providing attribution to the creator when using licensed material in a blog post may be different than doing so in a video remix. This flexibility facilitates compliance by licensees and reduces uncertainty about different types of reuse—minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded.

Can I change the license terms or conditions?

Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons” or “CC” license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials. Keep in mind that altering terms and conditions is distinct from waiving existing conditions or granting additional permissions than those in the licenses. Licensors may always do so, and many choose to do so using the CC+ protocol to readily signal the waiver or additional permission on the CC license deed.

CC does not assert copyright in the text of its licenses, so you are permitted to modify the text as long as you do not use the CC marks to describe it. However, we do not recommend this. We also advise against modifying our licenses through indirect means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other material. This would prevent licensees from using, combining, or remixing content under your customized license with other content under the same or compatible CC licenses.

Modifying licenses creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.

Can I waive license terms or conditions?

Yes. You may always choose to waive some license terms or conditions. Material licensed under a CC license but with additional permissions granted or conditions waived may be compatibly licensed with other material under the same license. Our CC+ protocol provides a mechanism for facilitating that grant or waiver.

Can I enter into separate or supplemental agreements with users of my work?

Yes. CC licenses are nonexclusive. Licensors always have the option of entering into separate arrangements for the sharing of their material in addition to applying a CC license. However, those different arrangements are not “CC” or “Creative Commons” licenses.

Separate agreements: You may offer the licensed material under other licenses in addition to the CC license (a practice commonly referred to as “dual licensing”). For example, you may wish to license a video game soundtrack under both a CC license and the GPL, so that it may be used under either set of terms. A reuser may then choose which set of terms to comply with. Or, for example, you may offer your material to the public under a NonCommercial license, but offer commercial permissions to fee-paying customers.

Supplemental agreements: Problems arise when licensors design those terms or arrangements to serve not as separate, alternative licensing arrangements but as supplemental terms having the effect of changing the standard terms within the CC license. While you may offer separate terms and conditions to other parties, you should not do so in such a way that would neutralize terms of the CC license.

Except in the limited situation where more permissions are being granted or license conditions are waived, if the additional arrangement modifies or conflicts with the CC license terms, then the resulting licensing arrangement is no longer a CC licensing arrangement. To avoid confusing those who may mistakenly believe the work is licensed under standard CC terms, we must insist that in these instances licensors not use our trademarks, names, and logos in connection with their custom licensing arrangement.

It should be noted that any agreements you make with other parties only have an effect on the other parties to that agreement, and do not apply to anyone else receiving the licensed material. For example, if there are terms of use that apply to visitors to your website on which you host CC-licensed material, your terms of use may apply to visitors to that website, but not to anyone who receives copies of the CC-licensed material elsewhere. Even for the visitors to your website, any separate terms and conditions do not become part of the license—they remain a separate contractual agreement, and violation of this agreement does not constitute copyright infringement.

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

A CC license terminates automatically when its conditions are violated. For example, if a reuser of CC-licensed material does not provide the attribution required when sharing the work, then the user no longer has the right to continue using the material and may be liable for copyright infringement. The license is terminated for the user who violated the license. However, all other users still have a valid license, so long as they are in compliance.

Under the 4.0 licenses, a licensee automatically gets these rights back if she fixes the violation within 30 days of discovering it.

If you apply a Creative Commons license and a user violates the license conditions, you may opt to contact the person directly to ask them to rectify the situation or consult a lawyer to act on your behalf. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

As long as users abide by license terms and conditions, licensors cannot control how the material is used. However, CC licenses do provide several mechanisms that allow licensors to choose not to be associated with their material or to uses of their material with which they disagree.

First, all CC licenses prohibit using the attribution requirement to suggest that the licensor endorses or supports a particular use. Second, licensors may waive the attribution requirement, choosing not to be identified as the licensor, if they wish. Third, if the licensor does not like how the material has been modified or used, CC licenses require that the licensee remove the attribution information upon request. (In 3.0 and earlier, this is only a requirement for adaptations and collections; in 4.0, this also applies to the unmodified work.) Finally, anyone modifying licensed material must indicate that the original has been modified. This ensures that changes made to the original material–whether or not the licensor approves of them–are not attributed back to the licensor.

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

The use of any effective technical protection measures (such as digital rights management or “DRM”) by licensees to prevent others from exercising the licensed rights is prohibited.

Not all kinds of encryption or access limitations are prohibited by the licenses. For example, sending content via email and encrypting it with the recipient’s public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a particular set of users (for example, by requiring a username and password to enter a site) does not restrict further use of the content by the recipients. In these examples, these things do not prevent the recipient from exercising all of the rights granted by the license, including the right to redistribute it further.

If someone is applying effective technological measures to your CC-licensed material that do restrict exercise of the licensed rights (such as applying DRM that restricts copying), this is a violation of the license terms unless you have chosen to grant this permission separately.

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

No. CC licenses grant permission to use the licensed material in any media or format regardless of the format in which it has been made available. This is true even if you have applied a NoDerivatives license to your work. Once a CC license is applied to a work in one format or medium, a licensee may use the same work in any other format or medium without violating the licensor’s copyright.

What if I change my mind about using a CC license?

CC licenses are not revocable. Once something has been published under a CC license, licensees may continue using it according to the license terms for the duration of applicable copyright and similar rights. As a licensor, you may stop distributing under the CC license at any time, but anyone who has access to a copy of the material may continue to redistribute it under the CC license terms. While you cannot revoke the license, CC licenses do provide a mechanism for licensors to ask that others using their material remove the attribution information. You should think carefully before choosing a Creative Commons license.

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

CC offers six core licenses, each of which grants a different set of permissions. Before you use CC-licensed material, you should review the terms of the particular license to be sure your anticipated use is permitted. If you wish to use the work in a manner that is not permitted by the license, you should contact the rights holder (often the creator) to get permission first, or look for an alternative work that is licensed in a way that permits your anticipated use. Note that if you use material in a way that is not permitted by the applicable license and your use is not otherwise permitted by an applicable copyright exception or limitation, the license is automatically terminated and you may be liable for copyright infringement, even if you are eligible to have your rights reinstated later.

Before using material offered under a Creative Commons license, you should know that CC licenses only grant permissions needed under copyright and similar rights, and there may be additional rights you need to use it as intended. You should also understand that licensors do not offer warranties or guarantees about the material they are licensing unless expressly indicated otherwise. All materials are licensed “AS IS” and a disclaimer of warranties applies unless expressly provided otherwise. If you want to ask for a warranty or guarantee about rights to use the material, you should talk with the licensor before using it.

Does a Creative Commons license give me all the rights I need to use the work?

It depends. CC licenses do not license rights other than copyright and similar rights (which include sui generis database rights in version 4.0). For example, they do not license trademark or patent rights, or the publicity, personality, and privacy rights of third parties. However, licensors agree to waive or not assert any moral rights, publicity rights, personality rights, or privacy rights they themselves hold, to the limited extent necessary to allow exercise of the licensed rights. Any rights outside of the scope of the license may require clearance (i.e., permission) in order to use the work as you would like.

Additionally, creative works sometimes incorporate works owned by others (known as “third party content”), often used pursuant to a CC license or under an exception or limitation to copyright such as fair use in the U.S. You should make sure you have permission to use any third party content contained in the work you want to use, or that your use is otherwise allowed under the laws of your jurisdiction, particularly in cases such as fair use where your right to use the content depends on the particular context in which you plan to use it.

All CC licenses contain a disclaimer of warranties, meaning that the licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work. You may wish to obtain legal advice before using CC-licensed material if you are not sure whether you have all the rights you need.

What if there are sui generis database rights that apply to my use of a CC-licensed database?

In the somewhat limited circumstances where sui generis database rights apply to your use, special conditions apply and there are more specific considerations you should be aware of. Under 4.0, sui generis database rights are licensed alongside copyright, but the treatment in earlier versions of the license varies. A fuller explanation of these variations and related considerations is available in the Data FAQ.

Where can I find material offered under a CC license?

If you are looking for material offered under a Creative Commons license, CC Search is a good starting point. There is also a directory of organizations and individuals who use CC licenses. Some media sites, such as Flickr, have search filters for material licensed using CC’s licenses.

Be sure to confirm that the material you want to use is actually under a CC license, as search results may sometimes be misleading.

Are Creative Commons works really free to use?

Yes. While many if not most CC-licensed works are available at no cost, some licensors charge for initial access to CC-licensed works—for example, by publishing CC-licensed content only to subscribers, or by charging for downloads. However, even if you have paid an access charge, once you have a copy of CC-licensed material, you may make any further uses permitted by the license without paying licensing fees.

(If you wish to make uses that are not permitted by the license—for example, making a commercial use of an NC-licensed photo—the licensor may charge for those additional rights.)

What should I know about differences between the international licenses and the ported licenses?

As a licensee, you should always read and understand the relevant license’s legal code before using CC-licensed material, particularly if you are using material that is licensed using a ported license with which you are unfamiliar. Our porting process involved adapting the international licenses to the legal framework of different jurisdictions, and in that process slight adjustments may have been made that you should make yourself aware of in advance of using the material. You can find more information about the ported licenses in the Jurisdiction Database.

There are currently no ported versions of 4.0, and we expect there will be few, if any, in the future. All official translations of the 4.0 international licenses are equivalent: you may substitute one for another depending on your preferred language.

However, the ported versions of 3.0 and earlier sometimes contain small differences from the international license depending on the ways in which they have been adapted to their jurisdictions. For example, a handful of the ported licenses contain provisions specifying which laws will apply in the event the licensor chooses to enforce the license, and a few of the ported licenses contain forum selection clauses.

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Contact the rights holders to ask for permission. Otherwise, unless an exception or limitation to copyright applies, your use of the material may violate the Creative Commons license. If you violate the terms of the license, your rights to use the material will be automatically terminated, and you may be liable for copyright infringement.

Do I always have to comply with the license terms? If not, what are the exceptions?

You need to comply with the license terms if what you are doing would otherwise require permission from the rights holder. If your use would not require permission from the rights holder because it falls under an exception or limitation, such as fair use, or because the material has come into the public domain, the license does not apply, and you do not need to comply with its terms and conditions. Additionally, if you are using an excerpt small enough to be uncopyrightable, the license does not apply to your use, and you do not need to comply with its terms.

However, if you are using excerpts of CC-licensed material which individually are minimal and do not require license compliance, but together make up a significant copyrightable chunk, you must comply with the license terms. For example, if you quote many individual lines from a poem across several sections of a blog post, and your use is not a fair use, you must comply with the license even though no individual line would have been a substantial enough portion of the work to require this.

Attribution

How do I properly attribute material offered under a Creative Commons license?

All CC licenses require users to attribute the creator of licensed material, unless the creator has waived that requirement, not supplied a name, or asked that her name be removed. Additionally, you must retain a copyright notice, a link to the license (or to the deed), a license notice, a notice about the disclaimer of warranties, and a URI if reasonable. For versions prior to 4.0, you must also provide the title of the work. (Though it is not a requirement in 4.0, it is still recommended if one is supplied.)

You must also indicate if you have modified the work—for example, if you have taken an excerpt, or cropped a photo. (For versions prior to 4.0, this is only required if you have created an adaptation by contributing your own creative material, but it is recommended even when not required.) It is not necessary to note trivial alterations, such as correcting a typo or changing a font size. Finally, you must retain an indication of previous modifications to the work.

CC licenses have a flexible attribution requirement, so there is not necessarily one correct way to provide attribution. The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner. Additionally, you may satisfy the attribution requirement by providing a link to a place where the attribution information may be found.

While the attribution requirements in the license are the minimum requirement, we always recommend that you follow the best practices for the kind of use you are making. For example, if you are using scientific data marked with CC0, you are not required to give attribution at all, but we recommend that you give the same credit you would give to any other source—not because the license requires it, but because that is the standard for letting others know the source of the data.

The CC website offers some best practices to help you attribute properly, and the CC Australia team has developed a helpful guide to attributing CC-licensed material (.pdf) in different formats. Note that the attribution and marking requirements vary slightly among license versions. See here for a chart comparing the specific requirements.

Do I need to be aware of anything else when providing attribution?

Yes. You need to be careful not to imply any sponsorship, endorsement, or connection with the licensor or attribution party without their permission. Wrongfully implying that a creator, publisher, or anyone else endorses you or your use of a work may be unlawful. Creative Commons makes the obligation not to imply endorsement explicit in its licenses. In addition, if the licensor of a work requests that you remove the identifying credit, you must do so to the extent practical.

Additionally, when you are using a work that is an adaptation of one or more pre-existing works, you may need to give credit to the creator(s) of the pre-existing work(s), in addition to giving credit to the creator of the adaptation.

Do I always have to attribute the creator of the licensed material?

You must attribute the creator when you provide material to the public by any means that is restricted by copyright or similar rights. If you are using the material personally but are not making it or any adaptations of it available to others, you do not have to attribute the licensor. Similarly, if you are only distributing the material or adaptations of it within your company or organization, you do not have to comply with the attribution requirement. Learn more about when compliance with the license is not required.

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such.

Can I take a CC-licensed work and use it in a different format?

Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.

This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work.

How do I know if a low-resolution photo and a high-resolution photo are the same work?

As with most copyright questions, it will depend on applicable law. Generally, to be different works under copyright law, there must be expressive or original choices made that make one work a separate and distinct work from another. The determination depends on the standards for copyright in the relevant jurisdiction.

Under U.S. copyright law, for example, mechanical reproduction of a work into a different format is unlikely to create a separate, new work. Consequently, digitally enhancing or changing the format of a work absent some originality, such as expressive choices made in the enhancement or encoding, will not likely create a separate work for copyright purposes. The creative bar is low, but it is not non-existent. Accordingly, in some jurisdictions releasing a photograph under a CC license will give the public permission to reuse the photograph in a different resolution.

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

The NoDerivs licenses (BY-ND and BY-NC-ND) prohibit reusers from creating adaptations. What constitutes an adaptation, otherwise known as a derivative work, varies slightly based on the law of the relevant jurisdiction.

Incorporating an unaltered excerpt from an ND-licensed work into a larger work only creates an adaptation if the larger work can be said to be built upon and derived from the work from which the excerpt was taken. Generally, no derivative work is made of the original from which the excerpt was taken when the excerpt is used to illuminate an idea or provide an example in another larger work. Instead, only the reproduction right of the original copyright holder is being exercised by person reusing the excerpt. All CC licenses grant the right to reproduce a CC-licensed work for noncommercial purposes (at a minimum). For example, a person could make copies of one chapter of an ND-licensed book and not be in violation of the license so long as other conditions of the license are met.

There are exceptions to that general rule, however, when the excerpts are combined with other material in a way that creates some new version of the original from which the excerpt is taken. For example, if a portion of a song was used as part of a new song, that may rise to the level of creating an adaptation of the original song, even though only a portion of it was used and even if that portion was used as-is.

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

No. When you receive material under a Creative Commons license, you may not place additional terms and conditions on the reuse of the work. This includes using effective technological measures (ETMs) that would restrict a licensee’s ability to exercise the licensed rights.

A technological measure is considered an ETM if circumventing it carries penalties under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements. Generally, this means that the anti-circumvention laws of various jurisdictions would cover attempts to break it.

For example, if you remix a CC-licensed song, and you wish to share it on a music site that places digital copy-restriction on all uploaded files, you may not do this without express permission from the licensor. However, if you upload that same file to your own site or any other site that does not apply DRM to the file, and a listener chooses to stream it through an app that applies DRM, you have not violated the license.

Note that merely converting material into a different format that is difficult to access or is only available for certain platforms does not violate the restriction; you may do this without violating the license terms.

Can I share CC-licensed material on password-protected sites?

Yes. This is not considered to be a prohibited measure, so long as the protection is merely limiting who may access the content, and does not restrict the authorized recipients from exercising the licensed rights. For example, you may post material under any CC license on a site restricted to members of a certain school, or to paying customers, but you may not place effective technological measures (including DRM) on the files that prevents them from sharing the material elsewhere.

(Note that charging for access may not be permitted with NC-licensed material; however, it is not disallowed by the restriction on ETMs.)

Can I share CC-licensed material on file-sharing networks?

Yes. All CC licenses allow redistribution of the unmodified material by any means, including distribution via file-sharing networks. Note that file-trading is expressly considered to be noncommercial for purposes of compliance with the NC licenses. Barter of NC-licensed material for other items of value is not permitted.

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

If you have received material under a CC license that is encumbered with effective technological measures (such as digital rights management or DRM), you may or may not be permitted to break it, depending on the circumstances. By releasing material under a CC license, the licensor agrees not to assert any rights she may have to prevent the circumvention of effective technological measures. (Under the 3.0 and earlier licenses, this is implied but not explicit.) However, if she has uploaded it to a site or other distribution channel that itself applies such measures, that site may have the right to prevent you from breaking them, even though the licensor herself cannot do so.

Note that anti-circumvention laws can impose criminal liability in some jurisdictions.

What if I have received CC-licensed material with additional restrictions?

It is possible that CC-licensed material will appear on platforms that impose terms in addition to the copyright license (though Creative Commons strongly discourages restrictions that interfere with exercise of the licensed rights). These additional terms do not form part of the license for the work. For example, if you download CC-licensed material from a site that does not permit downloading, you may be breaking the terms of use of the site, but you are not infringing the CC license. See our guide to Modifying the CC licenses for more guidance and information.

Combining and adapting CC material

When is my use considered an adaptation?

Whether a modification of licensed material is considered an adaptation for the purpose of CC licenses depends primarily on the applicable copyright law. Copyright law reserves to an original creator the right to create adaptations of the original work. CC licenses that allow for adaptations to be shared—all except BY-ND and BY-NC-ND—grant permission to others to create and redistribute adaptations when doing so would otherwise constitute a violation of applicable copyright law. Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable, such as a translation of a novel from one language to another, or the creation of a screenplay based on a novel.

Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation, whether or not it would be considered so under applicable law. Also, under version 4.0, certain uses of databases restricted by sui generis database rights also constitute adaptations (called “Adapted Material” in the 4.0 licenses), whether or not they would be considered adaptations under copyright law. For more details about adaptations in the database context, see the Data FAQ.

Note that all CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license.

Note on terminology: throughout these FAQs, we use the term “remix” interchangeably with “adapt.” Both are designed to mean doing something that constitutes an adaptation under copyright law.

Can I combine material under different Creative Commons licenses in my work?

It depends. The first question to ask is whether doing so constitutes an adaptation. If the combination does not create an adaptation, then you may combine any CC-licensed content so long as you provide attribution and comply with the NonCommercial restriction if it applies. If you want to combine material in a way that results in the creation of an adaptation (i.e. a “remix”), then you must pay attention to the particular license that applies to the content you want to combine.

The NoDerivatives licenses do not permit remixing except for private use (the pre-4.0 licenses do not permit remixing at all, except as allowed by exceptions and limitations to copyright). All the other CC licenses allow remixes, but may impose limitations or conditions on how the remix may be used. For example, if you create a remix with material licensed under a ShareAlike license, you need to make sure that all of the material contributed to the remix is licensed under the same license or one that CC has named as compatible, and you must properly credit all of the sources with the required attribution and license information. Similarly, if you want to use a remix for commercial purposes, you cannot incorporate material released under one of the NonCommercial licenses.

The chart below shows which CC-licensed material can be remixed. To use the chart, find a license on the left column and on the top right row. If there is a check mark in the box where that row and column intersect, then the works can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies. See below for details on how remixes may be licensed.

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If you make adaptations of material under a CC license (i.e. “remix”), the original CC license always applies to the material you are adapting even once adapted. The license you may choose for your own contribution (called your “adapter’s license”) depends on which license applies to the original material. Recipients of the adaptation must comply with both the CC license on the original and your adapter’s license.

  • BY and BY-NC material

When remixing BY or BY-NC material, it is generally recommended that your adapter’s license include at least the same license elements as the license applied to the original material. This eases reuse for downstream users because they are able to satisfy both licenses by complying with the adapter’s license. For example, if you adapt material licensed under BY-NC, your adapter’s license should also contain the NC restriction. See the chart below for more details.

  • BY-SA and BY-NC-SA material

In general, when remixing ShareAlike content, your adapter’s license must be the same license as the license on the material you are adapting. All licenses after version 1.0 also allow you to license your contributions under a later version of the same license, and some also allow ported licenses. (See the license versions page for details.) If you wish to adapt material under BY-SA or BY-NC-SA and release your contributions under a non-CC license, you should visit the Compatibility page to see which options are allowed.

  • BY-ND and BY-NC-ND material

The BY-ND and BY-NC-ND licenses do not permit distribution of adaptations (also known as remixes or derivative works), and prohibits the creation of adaptations under the pre-4.0 versions of those licenses. Since you may not share remixes of these materials at all, there is no compatibility with other licenses. (Note that the ND licenses do allow you to reproduce the material in unmodified form together with other material in a collection, as indicated in the next FAQ.)

  • Adapter’s license chart

The chart below details the CC license(s) you may use as your adapter’s license. When creating an adaptation of material under the license identified in the lefthand column, you may license your contributions to the adaptation under one of the licenses indicated on the top row if the corresponding box is green. CC does not recommend using a license if the corresponding box is yellow, although doing so is technically permitted by the terms of the license. If you do, you should take additional care to mark the adaptation as involving multiple copyrights under different terms so that downstream users are aware of their obligations to comply with the licenses from all rights holders. Dark gray boxes indicate those licenses that you may not use as your adapter’s license.

Adapter’s license chart Adapter’s license
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work PD              
BY              
BY-NC              
BY-NC-ND              
BY-NC-SA              
BY-ND              
BY-SA              
Abbreviation Key

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

All Creative Commons licenses (including the version 4.0 licenses) allow licensed material to be included in collections such as anthologies, encyclopedias, and broadcasts. You may choose a license for the collection, however this does not change the license applicable to the original material.

When you include CC-licensed content in a collection, you still must adhere to the license conditions governing your use of the material incorporated. For example, material under any of the Creative Commons NonCommercial licenses cannot be used commercially. The table below indicates what type of CC-licensed works you may incorporate into collections licensed for commercial and noncommercial uses.

Original Work Commercial Collection (BY, BY-SA, BY-ND) NonCommercial Collection (BY-NC, BY-NC-SA, BY-NC-ND)
PD    
BY    
BY-NC    
BY-NC-ND    
BY-NC-SA    
BY-ND    
BY-SA    

License termination

When do Creative Commons licenses expire?

Creative Commons licenses expire when the underlying copyright and similar rights expire.

Note that the relevant rights may expire at different times. For example, you may have a CC-licensed song where the rights in the musical arrangement expire before the rights in the lyrics. In this case, when the copyright in the music expires, you may use it without being required to comply with the conditions of the CC license; however, you must still comply with the license if you use the lyrics.

What happens if the author decides to revoke the CC license to material I am using?

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms. Of course, you may choose to respect the licensor’s wishes and stop using the work.

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

All of the CC licenses terminate if you fail to follow the license conditions. If this happens, you no longer have a license to use the material.

In the 4.0 licenses, your rights under the license are automatically reinstated if you correct this failure within 30 days of discovering the violation (either on your own or because the licensor or someone else has told you). Under the 3.0 and earlier licenses, there is no automatic reinstatement.

If you have lost your rights under a CC license and are not entitled to automatic reinstatement, you may regain your rights under the license if the licensor expressly grants you permission. You cannot simply re-download the material to get a new license.

Note that you may still be liable for damages for copyright infringement for the period where you were not in compliance with the license.

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

The Creative Commons licenses have three layers, as does the CC0 public domain dedication: the human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The Public Domain Mark is not legally operative, and so has only two layers: the human-readable mark and machine-readable metadata.

When material is licensed using any of the CC licenses or tools, it is highly recommended that a CC button, text, or other marker somehow accompany it. There are many possible modes for marking. For our licenses, people generally use the CC license chooser to generate HTML code that can be pasted into the webpage where the licensed material is published. CC0 and the Public Domain Mark have a separate chooser. Many platforms and web services such as Flickr and Drupal support CC licensing directly, allowing you to select an appropriate license. The service then properly marks the work for you.

CC has published some best practices for marking your CC-licensed material, and recommends:

  • Including a visual indicator (some combination of text and images) that the work is licensed with one of the CC licenses.
  • Clearly indicating what material is covered under the CC license, especially if it’s presented alongside non-licensed materials.
  • Including a link to the human-readable deed (which itself contains a link to the legal code).
  • Embedding machine-readable metadata in the code of the license indicator or code of the licensed page.

See the marking page for more details.

What does it mean that Creative Commons licenses are “machine-readable”?

Creative Commons has specified CC REL as a way to associate machine-readable licensing metadata with objects offered under CC licenses.

Before Creative Commons developed this vocabulary, it was difficult for a machine to ascertain whether an object was marked with a CC license. There was also no standard, predictable place to house metadata about that license (for example, the source URL of the work or the required mode of attribution).

Machine-readable metadata based on well-accepted metadata standards creates a platform upon which new services and applications can be built. Software and services can detect CC licenses and the details of that license, as described by the metadata. For example, on many websites and search engines such as Google and Flickr, you can run filtered searches for works offered under specific CC licenses. In addition, CC license deeds can automatically create copy-and-paste attribution code so users may easily comply with the BY condition of the licenses. When you click on a CC license or button from a page with license metadata, you get copy-and-paste attribution HTML within that license deed page. That HTML is based on available RDFa metadata in the original material.

All HTML provided by the CC license chooser is automatically annotated with metadata in RDFa format.

What is RDFa?

RDFa is a method for embedding structured data in a web page. For more information about RDFa, see the following resources:

What is CC REL and why does Creative Commons recommend it?

Creative Commons Rights Expression Language (CC REL) renders information about licenses and works machine-readable through standards that define the semantic web. Creative Commons wants to make it easy for creators and scientists to build upon the works of others when they choose; licensing your work for reuse and finding properly licensed works to reuse should be easy. CC recommends that you mark your licensed works with CC REL. The Creative Commons license chooser provides HTML annotated with CC REL, while the Creative Commons deeds recognize CC REL on web pages with works offered under a CC license, and use this metadata to enhance the deed for properly marked-up works, e.g., by providing copy and paste HTML that includes work attribution.

For more background information on CC REL, please refer to this paper.

What does it mean for a search engine to be CC-enabled?

Some search engines (like Google) allow people to filter their search results by usage rights so that you can limit your search results according to the particular CC license you seek. For example, if you are looking for a photo to adapt, you can filter your search to return photos that have a CC license that permits creation of adaptations. You can generally find this search feature on the advanced search page of your selected search engine. You can also use CC Search, which offers a convenient interface to search and a list of those content providers that support searches for content based on usage rights.

Please note, however, that you should always double check to make sure that the work you locate through a search is licensed as you wish.

How do I give users of my site the option to use CC licensing like Flickr does?

Creative Commons provides tools for integrating license selection with your site. You can find an overview at the Web Integration article on the CC wiki. The Partner Interface is a good way to get started and will always have the most up-to-date license versions and translations. However, there is also an API available if you want more control.

How can I change or remove the Creative Commons search option built into the Firefox browser?

Mozilla has included the Creative Commons search function in many versions of Firefox along with search options for Google, Amazon, and other popular sites. Please take a look at the Firefox article on the CC wiki for an explanation of how to change these features.

If you want to add or remove a particular search option, click on the logo in the search box (for example, the CC logo or the Google logo). This will open the pull down menu, which will allow you to select different search providers. If you choose “Manage Search Engines,” you will be able to add or remove search engines. You can also alter the order in which the search providers appear on the pull down menu.

Is Creative Commons involved in digital rights management (DRM)?

No. CC licenses are a form of rights expression, not rights management. CC provides tools to make it easier for creators and owners to say which rights they reserve and permissions they grant. This is different from digital rights management (or “DRM”), which uses technological protection measures to prevent people from using the work in a way that the owner has not permitted.

CC licenses contain language prohibiting licensees from the use of effective technological measures (including DRM) to prevent access to licensed material: ”You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any such recipient.”

While licensors may apply effective technological measures (ETMs) to their own materials, the licensor provides a limited permission to circumvent these measures: “The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures.” Note that this only applies to effective technological measures applied by licensors themselves: third parties such as distribution platforms may still apply ETMs if the licensor uploads there, and the license is not able to grant you permission to circumvent it.

Copyright law grants exclusive rights to creators of original works of authorship. National laws usually extend protections to such works automatically once fixed in a tangible medium, prohibiting the making of copies without the rights holder’s permission, among other things. On the internet, even the most basic activities involve making copies of copyrighted content. As content is increasingly uploaded, downloaded, and shared online, copyright law is becoming more relevant to more people than it was 20 years ago. Unfortunately, infringing copyrights—even unintentionally or unknowingly—can lead to liability. Successful navigation of the internet requires some understanding of copyright law.

What is the public domain?

The public domain of copyright refers to the aggregate of those works that are not restricted by copyright within a given jurisdiction. A work may be part of the public domain because the applicable term of copyright has expired, because the rights holder surrendered copyright in the work with a tool like CC0, or because the work did not meet the applicable standards for copyrightability.

Because the public domain depends on the copyright laws in force within a particular territory, sometimes a work may be considered “in the public domain” of one jurisdiction, but not in another. For example, U.S. government works are automatically in the public domain under U.S. copyright law, but might be restricted by copyright in other countries.

The Public Domain Manifesto, the University Libraries page, and the CC0 FAQs all contain additional information about the public domain.

Copyright in most jurisdictions attaches automatically without need for any formality once a creative work is fixed in tangible form (i.e. the minute you put pen to paper, take a photo, or hit the “save” button on your computer).

In some jurisdictions, creators may be required to register with a national agency in order to enforce copyright in court. If you would like more information, please consult the Berne Convention or your jurisdiction’s copyright law.

Although you do not have to apply a copyright notice for your work to be protected, it may be a useful tool to clearly signal to people that the work is yours. It also tells the public who to contact about the work.

What is an adaptation?

An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.

In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter’s personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil’s copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction’s copyright law for more information.

What are moral rights?

Copyright laws in many jurisdictions around the world grant creators “moral rights” in addition to the economic or commercial right to exploit their creative works. Moral rights protect the personal and reputational value of a work for its creator. Moral rights differ by country, and can include the right of attribution, the right to have a work published anonymously or pseudonymously, and/or the right to the integrity of the work. The moral right of integrity may provide creators with a source for redress if an adaptation represents derogatory treatment of their work, typically defined as “distortion or mutilation” of the work or treatment that is “prejudicial to the honor, or reputation of the author.” Not all jurisdictions provide for moral rights.

The CC licenses are intended to minimize the effect of moral rights on a licensee’s ability to use licensed material; however, in some jurisdictions, these rights may still have an effect. CC offers some additional information on how CC licenses may affect your moral rights.

What are neighboring rights?

Copyright provides an incentive to create works by providing exclusive rights to creators. However, the distribution or exploitation of a work often involves more than just the creator. For example, if someone writes a song, someone else may perform the song, and another may produce the recording of the song. Some jurisdictions extend copyright to the contributions made by these persons; other jurisdictions extend such exclusive rights in the form of neighboring rights. Neighboring rights may include performers’ rights or broadcasters’ rights, among others. The Rome Convention sets forth some guidelines on the scope of neighboring rights. Not all jurisdictions recognize neighboring rights.

What are sui generis database rights?

Sui generis database rights grant qualifying database makers the right to prohibit the extraction and reuse of a substantial portion of a database. The rights are granted to database makers that make a substantial investment of time and resources to create the database. Sui generis database rights are primarily enacted within the European Union and a handful of other jurisdictions.

What are collecting societies?

Collecting societies are copyright management organizations. Some examples of collecting societies include ASCAP and BMI (United States), BUMA/STEMRA (Netherlands), PRS (United Kingdom), and APRA (Australia). These societies license works on behalf of their owners and process royalty payments from parties using the copyrighted works.

CC offers additional information on how collecting societies might affect your rights and your ability to apply CC licenses to your work. CC has several pilots underway with collecting societies that have chosen to allow their members to use CC licenses on a limited basis.

What are publicity, personality, and privacy rights?

These terms are used differently in different jurisdictions. Generally speaking, these rights allow individuals to control the use of their voice, image, likeness, or other identifiable aspect of their identity, especially for purposes of commercial exploitation. Similarly, in some jurisdictions these rights allow people to restrict others’ ability to publish information about them without their permission. Whether and to what extent these rights exist, and if so, how they are labeled, varies depending on the jurisdiction.

Creative Commons licenses have a limited effect on these rights where the licensor holds them. Where the licensor has publicity, personality, or privacy rights that may affect your ability to use the material as the license intends, the licensor agrees to waive or not assert those rights. However, any such rights not held by the licensor are not affected and may still affect your desired use of a licensed work. If you have created a work or wish to use a work that might in some way implicate these rights, you may need to obtain permission from the individuals whose rights may be affected.

Data

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

: Uses of CC Licenses with Data and Databases : Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker’s investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [marking page]https://wiki.creativecommons.org/wiki/Marking_your_work_with_a_CC_license “wikilink”) for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights–but not copyright–are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.1 These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker’s substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Artificial intelligence and CC licenses

What are the limits on how CC-licensed works can be used in the development of new technologies, such as training of artificial intelligence software?

The licenses grant permission for reuse in any situation that requires permission under copyright. There are many ways in which CC-licensed work works and even all rights reserved works can be reused without permission. This includes uses that are fair uses, for example.

If someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected. This is one of the enduring qualities of our licenses — they have been carefully designed to work with all new technologies where copyright comes into play. No special or explicit permission regarding new technologies from a copyright perspective is required.

But what about privacy laws, rules governing ethical research, and data protection laws?

CC’s copyright licenses are not universal policy tools. Copyright is the primary obstacle to reuse that our licenses solve, but there are many other issues related to the reuse of content that our licenses do not address and that reusers should be aware of. These can include privacy and rules governing ethical research and the collection or use of data, which have to be addressed and respected separate and apart from the copyright issues that CC licenses cover.

What attribution obligations exist when CC-licensed images are included in a published dataset? Is linking to the original image or URI required, and if so, is it adequate?

It depends. First, keep in mind that CC licenses never limit uses that copyright doesn’t control. For example, as a general matter text and data mining in the United States is considered a fair use and does not require permission under copyright. This means that reusers engaged in text and data mining do not have to adhere to the marking and attribution requirements in our licenses for that activity even though we strongly recommend they do so anyway. A second example is linking. In some countries, linking to copyrighted content doesn’t require permission under copyright law, which means the CC license obligations do not come into play even though the linked content is CC-licensed.

Where a CC-licensed work is distributed as part of a database or dataset, and assuming copyright (or in the European Union, copyright or sui generis database rights) is triggered, then the license conditions must be respected. This means providing the required attribution information in a way that is reasonable under the circumstances. Our licenses allow for some flexibility, and in some cases that may be as simple as providing a link to the website where the relevant attribution information is provided. Visit our marking practices page for more information.

If a for-profit company uses CC-licensed content under a Non Commercial license and releases the work under terms that allow only research purposes, is the NC restriction violated?

This depends on whether any of the uses made of the works by the company, whether for profit or non profit, are primarily intended for commercial advantage or monetary compensation. This is hard to know without having all of the facts about how a work was used, whether internally by the company for its own purposes or how the work was distributed for further use. Visit our NC page for more information about what constitutes commercial and non commercial uses of works.

If NC-licensed content is redistributed to the public under an NC license, that distribution would not violate the NC clause. (Note that CC strongly discourages the use of any license terms other than a CC NC license for redistributions of NC-licensed content.)

If CC SA-licensed content is included in a database, does the entire database have to be licensed under an SA license?

CC licenses never require a reuser of a CC-licensed work to make the original work or resulting works (collections, derivatives, etc.) publicly available. There are lots of private reuses of works that are permitted by CC’s licenses that do not require compliance with their terms. Regarding ShareAlike, the condition only applies if a work is modified and if the work is shared publicly. In the situation where a reuser created a dataset of photos and made it publicly available, and assuming copyright permission is required, then what is released is likely a collection or compilation of pre-existing works. CC licenses do not require the collection or the compilation itself to be made available under an SA license, even though each individual work is still licensed individually under an SA license and if they were modified by the distributor the modified photo would need to be licensed under the same terms. For example, were Creative Commons to compile photographs from a photo sharing website under a BY-SA 2.0 license and create a database that it then publicly distributed, CC could license the collection as a whole under a BY license, but the photographs would continue to be licensed under BY-SA 2.0.

What, if any, remedies, do users have if they dislike how their photos or images have been reused?

Several remedies are potentially available. Some may be available if the CC license terms have been violated, and others may be available through other, separate avenues because they involve other laws or regulations that the CC licenses do not cover. It’s important to remember, however, that absent a violation of the license the permissions granted under the license remain in place and cannot be revoked.

  • Under the CC licenses, even if a license condition has not been violated licensors can ask that attribution to them be removed so they can distance themselves from the reuse.
  • For violations of a CC license term where the license was required (not a fair use, etc.) then you may have a claim for copyright infringement. Fortunately, in the CC community most license violations are handled amicably without resorting to the courts.
  • For claims involving laws and regulations other than copyright, recourse may be available depending on your local laws.

An important starting point for any would-be sharer of content under a CC license is to educate yourself in advance about how they work and what rights they do and do not cover. We have many FAQs on our website. We also provide human-readable deeds with links to the full text of our licenses. Additionally, all of our licenses highlight at the beginning many considerations that licensors should have in mind before they license, and considerations for reusers of works before they do so in order to avoid inadvertent violations.

Notes

  1. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).↩

#####EOF##### Frequently Asked Questions - Creative Commons
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Frequently Asked Questions

2019-04-02 14:07:11 UTC

These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information.

  • Other CC FAQs: CC0 Public Domain Dedication and Public Domain Mark.
  • “Licensor”, “rights holder”, “owner”, and “creator” may be used interchangeably to refer to the person or entity applying a CC license.
  • Information about the licenses is primarily made with reference to the 4.0 suite, but earlier license versions are mentioned where they differ.
  • Have a question that isn’t answered here? Contact info@creativecommons.org.

Creative Commons does not provide legal advice. This FAQ is for informational purposes and is not a substitute for legal advice. It may not cover important issues that affect you. You should consult with your own lawyer if you have questions.

About CC

What is Creative Commons and what do you do?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. Our legal tools help those who want to encourage reuse of their works by offering them for use under generous, standardized terms; those who want to make creative uses of works; and those who want to benefit from this symbiosis. Our vision is to help others realize the full potential of the internet. CC has affiliates all over the world who help ensure our licenses work internationally and who raise awareness of our work.

Although Creative Commons is best known for its licenses, our work extends beyond just providing copyright licenses. CC offers other legal and technical tools that also facilitate sharing and discovery of creative works, such as CC0, a public domain dedication for rights holders who wish to put their work into the public domain before the expiration of copyright, and the Public Domain Mark, a tool for marking a work that is in the worldwide public domain. Creative Commons licenses and tools were designed specifically to work with the web, which makes content that is offered under their terms easy to search for, discover, and use.

For more information about CC, our main website contains in-depth information about the organization, its staff and board of directors, its history, and its supporters. You can also read CC case studies to learn about some of the inspiring ways CC licenses and tools have been used to share works and support innovative business models. You can find regularly updated information about CC by visiting the blog.

Absolutely not. CC has responded to claims to the contrary. CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

That said, Creative Commons recognizes the need for change in copyright law, and many members of the Creative Commons community are active participants in the copyright reform movement. For more information, see our statement in support of copyright reform.

What does “Some Rights Reserved” mean?

Copyright grants to creators a bundle of exclusive rights over their creative works, which generally include, at a minimum, the right to reproduce, distribute, display, and make adaptations. The phrase “All Rights Reserved” is often used by owners to indicate that they reserve all of the rights granted to them under the law. When copyright expires, the work enters the public domain, and the rights holder can no longer stop others from engaging in those activities under copyright, with the exception of moral rights reserved to creators in some jurisdictions. Creative Commons licenses offer creators a spectrum of choices between retaining all rights and relinquishing all rights (public domain), an approach we call “Some Rights Reserved.”

No. Creative Commons is not a law firm and does not provide legal advice or legal services. CC is similar to a self-help service that offers free, form-based legal documents for others to use. These FAQ answers many of the most common questions. There is also specialized information available on the following pages:

While CC does provide this informational guidance about its licenses and other tools, this information may not apply to your particular situation, and should never be taken as legal advice.

If you’re looking for legal advice about using CC licenses and other tools, we recommend contacting the Creative Commons affiliate in your jurisdiction. CC affiliates are highly connected to the communities of copyright lawyers in their countries. We also offer a list of lawyers and organizations who have identified themselves as willing to provide information to others about CC licensing issues. However, please note that CC does not provide referral services, and does not endorse or recommend any person on that list.

Does Creative Commons collect or track material licensed under a CC license?

No, CC does not collect content or track licensed material. However, CC builds technical tools that help the public search for and use works licensed under our licenses and other legal tools, and many others have built such tools as well. CC Search is one tool developed by CC to help the public discover works offered under Creative Commons licenses on the internet via CC-aware search engines and repositories.

What do the Creative Commons buttons do?

The CC buttons are a shorthand way to convey the basic permissions associated with material offered under CC licenses. Creators and owners who apply CC licenses to their material can download and apply those buttons to communicate to users the permissions granted in advance. When the material is offered online, the buttons should usually link out to the human-readable license deeds (which, in turn, link to the license itself).

May I use the Creative Commons logo and buttons?

You may download high resolution versions of the Creative Commons logos and use them in connection with your work or your website, provided you comply with our policies. Among other things, if you use the logos on a website or on your work, you may not alter the logos in any respect—such as by changing the font, the proportions, or the colors. CC’s buttons, name, and corporate logo (the “CC” in a circle) are trademarks of Creative Commons. You cannot use them in ways not permitted by our policies unless you first receive express, written permission. This means, for example, that you cannot (without our permission) print your own buttons and t-shirts using CC logos, although you can purchase them in CC’s store.

I love Creative Commons. How can I help?

Please support CC by making a donation through our support page. Donations can be handled through PayPal or by credit card. You can also support CC by visiting our store.

CC always welcomes your feedback, which you can provide by emailing . You can also participate in CC’s email discussion lists and share feedback and ideas in one of those forums.

If you are a software developer, sysadmin, or have other technical expertise, please join our developer community and help build the tools that build the commons.

Finally, one of the best ways to support CC is by supporting our causes yourself. Follow our blog to find out about current issues where you can help get involved and spread the word, and advocate for free and open licensing in your own communities.

Why does Creative Commons run an annual fundraising campaign? What is the money used for and where does it go?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, with affiliates all over the world who help ensure our licenses work internationally and raise awareness about our work. Our tools are free, and our reach is wide.

In order to…

  • continue developing our licenses and public domain tools to make sure they are legally and technically up-to-date around the world,
  • help creators implement these tools on websites through best practices and individual assistance,
  • enable CC licensing on major content-sharing platforms,
  • enhance CC-licensed resource search and discovery,
  • advocate for CC licensing and open policies in education, science, and culture, and
  • myriad other activities we’re forgetting to mention, such as all the everyday boring but essential operations that go into running an organization

…we need $ to make it all happen! For more information, please take a look at our Annual Report.

Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. It is essential we have the public’s support because it is the creators and users of CC material who make our tools relevant in this digital age. They depend on the tools and services CC provides through their reuse and remix of the rich, open resources available on Wikipedia, Flickr, SoundCloud, Vimeo, Europeana, MIT OpenCourseWare, the Library of Science, Al Jazeera, and YouTube—just to name a few. Many of these people donate $10, $25, or $50 to CC, to help keep it up and running so we can continue to provide our tools and services for free, as a nonprofit organization. The more people who donate to CC, the more independent it will remain.

General License Information

What are Creative Commons licenses?

Creative Commons licenses provide an easy way to manage the copyright terms that attach automatically to all creative material under copyright. Our licenses allow that material to be shared and reused under terms that are flexible and legally sound. Creative Commons offers a core suite of six copyright licenses. Because there is no single “Creative Commons license,” it is important to identify which of the six licenses you are applying to your material, which of the six licenses has been applied to material that you intend to use, and in both cases the specific version.

All of our licenses require that users provide attribution (BY) to the creator when the material is used and shared. Some licensors choose the BY license, which requires attribution to the creator as the only condition to reuse of the material. The other five licenses combine BY with one or more of three additional license elements: NonCommercial (NC), which prohibits commercial use of the material; NoDerivatives (ND), which prohibits the sharing of adaptations of the material; and ShareAlike (SA), which requires adaptations of the material be released under the same license.

CC licenses may be applied to any type of work, including educational resources, music, photographs, databases, government and public sector information, and many other types of material. The only categories of works for which CC does not recommend its licenses are computer software and hardware. You should also not apply Creative Commons licenses to works that are no longer protected by copyright or are otherwise in the public domain. Instead, for those works in the worldwide public domain, we recommend that you mark them with the Public Domain Mark.

How do CC licenses operate?

CC licenses are operative only when applied to material in which a copyright exists, and even then only when a particular use would otherwise not be permitted by copyright. Note that the latest version of CC licenses also applies to rights similar to copyright, such as neighboring rights and sui generis database rights. Learn more about the scope of the licenses. This means that CC license terms and conditions are not triggered by uses permitted under any applicable exceptions and limitations to copyright, nor do license terms and conditions apply to elements of a licensed work that are in the public domain. This also means that CC licenses do not contractually impose restrictions on uses of a work where there is no underlying copyright. This feature (and others) distinguish CC licenses from some other open licenses like the ODbL and ODC-BY, both of which are intended to impose contractual conditions and restrictions on the reuse of databases in jurisdictions where there is no underlying copyright or sui generis database right.

All CC licenses are non-exclusive: creators and owners can enter into additional, different licensing arrangements for the same material at any time (often referred to as “dual-licensing” or “multi-licensing”). However, CC licenses are not revocable once granted unless there has been a breach, and even then the license is terminated only for the breaching licensee.

There are also videos and comics that offer visual descriptions of how CC licenses work.

Which is the latest version of the licenses offered by Creative Commons?

In November 2013, Creative Commons published the version 4.0 license suite. These licenses are the most up-to-date licenses offered by CC, and are recommended over all prior versions. You can see how the licenses have been improved over time on the license versions page. 4.0 has been drafted to be internationally valid, and will have official translations becoming available after publication.

No. By design, CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions. This is a fundamental principle of CC licensing.

Who gives permission to use material offered under Creative Commons licenses?

Our licenses and legal tools are intended for use by anyone who holds copyright in the material. This is often, but not always, the creator.

Creative Commons offers licenses and tools to the public free of charge and does not require that creators or other rights holders register with CC in order to apply a CC license to a work. This means that CC does not have special knowledge of who uses the licenses and for what purposes, nor does CC have a way to contact creators beyond means generally available to the public. CC has no authority to grant permission on behalf of those persons, nor does CC manage those rights on behalf of others.

If you would like to obtain additional permissions to use the work beyond those granted by the license that has been applied, or if you’re not sure if your intended use is permitted by the license, you should contact the rights holder.

Are Creative Commons licenses enforceable in a court of law?

Creative Commons licenses are drafted to be enforceable around the world, and have been enforced in court in various jurisdictions. To CC’s knowledge, the licenses have never been held unenforceable or invalid.

CC licenses contain a “severability” clause. This allows a court to eliminate any provision determined to be unenforceable, and enforce the remaining provisions of the license.

What happens if someone applies a Creative Commons license to my work without my knowledge or authorization?

CC alerts prospective licensors they need to have all necessary rights before applying a CC license to a work. If that is not the case and someone has marked your work with a CC license without your authorization, you should contact that person and tell them to remove the license from your work. You may also wish to contact a lawyer. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What are the international (“unported”) Creative Commons licenses, and why does CC offer “ported” licenses?

One of CC’s goals is ensuring that all of its legal tools work globally, so that anyone anywhere in the world can share their work on globally standard terms. To this end, CC offers a core suite of six international copyright licenses (formerly called the “unported”) that are drafted based largely on various international treaties governing copyright, taking into account as many jurisdiction-specific legal issues as possible. The latest version (4.0) has been drafted with particular attention to the needs of international enforceability.

For version 3.0 and earlier, Creative Commons has also offered ported versions of its six core licenses for many jurisdictions (which usually correspond to countries, but not always). These ported licenses are based on the international license suite but have been modified to reflect local nuances in the expression of legal terms and conditions, drafting protocols, and language. The ported licenses and the international licenses are all intended to be legally effective everywhere. CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

Can governments and intergovernmental organizations (“IGOs”) use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors’ overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the “machine readable” layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]”; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you’re uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC’s Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC’s legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC’s Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and running pilot programs that allow creators to use CC licenses in some circumstances.

If you are already a member of a collecting society and want to use CC licenses, you are welcome to encourage your collecting society to give you the option of Creative Commons licensing.

Can I still make money from a work I make available under a Creative Commons license?

Yes. One of our goals is to encourage creators and rights holders to experiment with new ways to promote and market their work. There are several possible ways of doing this.

CC’s NonCommercial (NC) licenses allow rights holders to maximize distribution while maintaining control of the commercialization of their works. If you want to reserve the right to commercialize your work, you may do this by choosing a license with the NC condition. If someone else wants to use your work commercially and you have applied an NC license to your work, they must first get your permission. As the rights holder, you may still sell your own work commercially.

You may also use funding models that do not depend on using an NC license. For example, many artists and creators use crowdfunding to fund their work before releasing it under a less restrictive license. Others use a “freemium” model where the basic content is free, but extras such as a physical printed version or special access to a members-only website are for paying customers only.

For more information and ideas, The Power of Open presents case studies of artists, businesspeople, and organizations who use CC.

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

No. CC licenses allow for flexibility in the way credit is provided depending on the medium, means, and context in which a licensee is redistributing licensed material. For example, providing attribution to the creator when using licensed material in a blog post may be different than doing so in a video remix. This flexibility facilitates compliance by licensees and reduces uncertainty about different types of reuse—minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded.

Can I change the license terms or conditions?

Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons” or “CC” license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials. Keep in mind that altering terms and conditions is distinct from waiving existing conditions or granting additional permissions than those in the licenses. Licensors may always do so, and many choose to do so using the CC+ protocol to readily signal the waiver or additional permission on the CC license deed.

CC does not assert copyright in the text of its licenses, so you are permitted to modify the text as long as you do not use the CC marks to describe it. However, we do not recommend this. We also advise against modifying our licenses through indirect means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other material. This would prevent licensees from using, combining, or remixing content under your customized license with other content under the same or compatible CC licenses.

Modifying licenses creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.

Can I waive license terms or conditions?

Yes. You may always choose to waive some license terms or conditions. Material licensed under a CC license but with additional permissions granted or conditions waived may be compatibly licensed with other material under the same license. Our CC+ protocol provides a mechanism for facilitating that grant or waiver.

Can I enter into separate or supplemental agreements with users of my work?

Yes. CC licenses are nonexclusive. Licensors always have the option of entering into separate arrangements for the sharing of their material in addition to applying a CC license. However, those different arrangements are not “CC” or “Creative Commons” licenses.

Separate agreements: You may offer the licensed material under other licenses in addition to the CC license (a practice commonly referred to as “dual licensing”). For example, you may wish to license a video game soundtrack under both a CC license and the GPL, so that it may be used under either set of terms. A reuser may then choose which set of terms to comply with. Or, for example, you may offer your material to the public under a NonCommercial license, but offer commercial permissions to fee-paying customers.

Supplemental agreements: Problems arise when licensors design those terms or arrangements to serve not as separate, alternative licensing arrangements but as supplemental terms having the effect of changing the standard terms within the CC license. While you may offer separate terms and conditions to other parties, you should not do so in such a way that would neutralize terms of the CC license.

Except in the limited situation where more permissions are being granted or license conditions are waived, if the additional arrangement modifies or conflicts with the CC license terms, then the resulting licensing arrangement is no longer a CC licensing arrangement. To avoid confusing those who may mistakenly believe the work is licensed under standard CC terms, we must insist that in these instances licensors not use our trademarks, names, and logos in connection with their custom licensing arrangement.

It should be noted that any agreements you make with other parties only have an effect on the other parties to that agreement, and do not apply to anyone else receiving the licensed material. For example, if there are terms of use that apply to visitors to your website on which you host CC-licensed material, your terms of use may apply to visitors to that website, but not to anyone who receives copies of the CC-licensed material elsewhere. Even for the visitors to your website, any separate terms and conditions do not become part of the license—they remain a separate contractual agreement, and violation of this agreement does not constitute copyright infringement.

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

A CC license terminates automatically when its conditions are violated. For example, if a reuser of CC-licensed material does not provide the attribution required when sharing the work, then the user no longer has the right to continue using the material and may be liable for copyright infringement. The license is terminated for the user who violated the license. However, all other users still have a valid license, so long as they are in compliance.

Under the 4.0 licenses, a licensee automatically gets these rights back if she fixes the violation within 30 days of discovering it.

If you apply a Creative Commons license and a user violates the license conditions, you may opt to contact the person directly to ask them to rectify the situation or consult a lawyer to act on your behalf. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

As long as users abide by license terms and conditions, licensors cannot control how the material is used. However, CC licenses do provide several mechanisms that allow licensors to choose not to be associated with their material or to uses of their material with which they disagree.

First, all CC licenses prohibit using the attribution requirement to suggest that the licensor endorses or supports a particular use. Second, licensors may waive the attribution requirement, choosing not to be identified as the licensor, if they wish. Third, if the licensor does not like how the material has been modified or used, CC licenses require that the licensee remove the attribution information upon request. (In 3.0 and earlier, this is only a requirement for adaptations and collections; in 4.0, this also applies to the unmodified work.) Finally, anyone modifying licensed material must indicate that the original has been modified. This ensures that changes made to the original material–whether or not the licensor approves of them–are not attributed back to the licensor.

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

The use of any effective technical protection measures (such as digital rights management or “DRM”) by licensees to prevent others from exercising the licensed rights is prohibited.

Not all kinds of encryption or access limitations are prohibited by the licenses. For example, sending content via email and encrypting it with the recipient’s public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a particular set of users (for example, by requiring a username and password to enter a site) does not restrict further use of the content by the recipients. In these examples, these things do not prevent the recipient from exercising all of the rights granted by the license, including the right to redistribute it further.

If someone is applying effective technological measures to your CC-licensed material that do restrict exercise of the licensed rights (such as applying DRM that restricts copying), this is a violation of the license terms unless you have chosen to grant this permission separately.

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

No. CC licenses grant permission to use the licensed material in any media or format regardless of the format in which it has been made available. This is true even if you have applied a NoDerivatives license to your work. Once a CC license is applied to a work in one format or medium, a licensee may use the same work in any other format or medium without violating the licensor’s copyright.

What if I change my mind about using a CC license?

CC licenses are not revocable. Once something has been published under a CC license, licensees may continue using it according to the license terms for the duration of applicable copyright and similar rights. As a licensor, you may stop distributing under the CC license at any time, but anyone who has access to a copy of the material may continue to redistribute it under the CC license terms. While you cannot revoke the license, CC licenses do provide a mechanism for licensors to ask that others using their material remove the attribution information. You should think carefully before choosing a Creative Commons license.

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

CC offers six core licenses, each of which grants a different set of permissions. Before you use CC-licensed material, you should review the terms of the particular license to be sure your anticipated use is permitted. If you wish to use the work in a manner that is not permitted by the license, you should contact the rights holder (often the creator) to get permission first, or look for an alternative work that is licensed in a way that permits your anticipated use. Note that if you use material in a way that is not permitted by the applicable license and your use is not otherwise permitted by an applicable copyright exception or limitation, the license is automatically terminated and you may be liable for copyright infringement, even if you are eligible to have your rights reinstated later.

Before using material offered under a Creative Commons license, you should know that CC licenses only grant permissions needed under copyright and similar rights, and there may be additional rights you need to use it as intended. You should also understand that licensors do not offer warranties or guarantees about the material they are licensing unless expressly indicated otherwise. All materials are licensed “AS IS” and a disclaimer of warranties applies unless expressly provided otherwise. If you want to ask for a warranty or guarantee about rights to use the material, you should talk with the licensor before using it.

Does a Creative Commons license give me all the rights I need to use the work?

It depends. CC licenses do not license rights other than copyright and similar rights (which include sui generis database rights in version 4.0). For example, they do not license trademark or patent rights, or the publicity, personality, and privacy rights of third parties. However, licensors agree to waive or not assert any moral rights, publicity rights, personality rights, or privacy rights they themselves hold, to the limited extent necessary to allow exercise of the licensed rights. Any rights outside of the scope of the license may require clearance (i.e., permission) in order to use the work as you would like.

Additionally, creative works sometimes incorporate works owned by others (known as “third party content”), often used pursuant to a CC license or under an exception or limitation to copyright such as fair use in the U.S. You should make sure you have permission to use any third party content contained in the work you want to use, or that your use is otherwise allowed under the laws of your jurisdiction, particularly in cases such as fair use where your right to use the content depends on the particular context in which you plan to use it.

All CC licenses contain a disclaimer of warranties, meaning that the licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work. You may wish to obtain legal advice before using CC-licensed material if you are not sure whether you have all the rights you need.

What if there are sui generis database rights that apply to my use of a CC-licensed database?

In the somewhat limited circumstances where sui generis database rights apply to your use, special conditions apply and there are more specific considerations you should be aware of. Under 4.0, sui generis database rights are licensed alongside copyright, but the treatment in earlier versions of the license varies. A fuller explanation of these variations and related considerations is available in the Data FAQ.

Where can I find material offered under a CC license?

If you are looking for material offered under a Creative Commons license, CC Search is a good starting point. There is also a directory of organizations and individuals who use CC licenses. Some media sites, such as Flickr, have search filters for material licensed using CC’s licenses.

Be sure to confirm that the material you want to use is actually under a CC license, as search results may sometimes be misleading.

Are Creative Commons works really free to use?

Yes. While many if not most CC-licensed works are available at no cost, some licensors charge for initial access to CC-licensed works—for example, by publishing CC-licensed content only to subscribers, or by charging for downloads. However, even if you have paid an access charge, once you have a copy of CC-licensed material, you may make any further uses permitted by the license without paying licensing fees.

(If you wish to make uses that are not permitted by the license—for example, making a commercial use of an NC-licensed photo—the licensor may charge for those additional rights.)

What should I know about differences between the international licenses and the ported licenses?

As a licensee, you should always read and understand the relevant license’s legal code before using CC-licensed material, particularly if you are using material that is licensed using a ported license with which you are unfamiliar. Our porting process involved adapting the international licenses to the legal framework of different jurisdictions, and in that process slight adjustments may have been made that you should make yourself aware of in advance of using the material. You can find more information about the ported licenses in the Jurisdiction Database.

There are currently no ported versions of 4.0, and we expect there will be few, if any, in the future. All official translations of the 4.0 international licenses are equivalent: you may substitute one for another depending on your preferred language.

However, the ported versions of 3.0 and earlier sometimes contain small differences from the international license depending on the ways in which they have been adapted to their jurisdictions. For example, a handful of the ported licenses contain provisions specifying which laws will apply in the event the licensor chooses to enforce the license, and a few of the ported licenses contain forum selection clauses.

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Contact the rights holders to ask for permission. Otherwise, unless an exception or limitation to copyright applies, your use of the material may violate the Creative Commons license. If you violate the terms of the license, your rights to use the material will be automatically terminated, and you may be liable for copyright infringement.

Do I always have to comply with the license terms? If not, what are the exceptions?

You need to comply with the license terms if what you are doing would otherwise require permission from the rights holder. If your use would not require permission from the rights holder because it falls under an exception or limitation, such as fair use, or because the material has come into the public domain, the license does not apply, and you do not need to comply with its terms and conditions. Additionally, if you are using an excerpt small enough to be uncopyrightable, the license does not apply to your use, and you do not need to comply with its terms.

However, if you are using excerpts of CC-licensed material which individually are minimal and do not require license compliance, but together make up a significant copyrightable chunk, you must comply with the license terms. For example, if you quote many individual lines from a poem across several sections of a blog post, and your use is not a fair use, you must comply with the license even though no individual line would have been a substantial enough portion of the work to require this.

Attribution

How do I properly attribute material offered under a Creative Commons license?

All CC licenses require users to attribute the creator of licensed material, unless the creator has waived that requirement, not supplied a name, or asked that her name be removed. Additionally, you must retain a copyright notice, a link to the license (or to the deed), a license notice, a notice about the disclaimer of warranties, and a URI if reasonable. For versions prior to 4.0, you must also provide the title of the work. (Though it is not a requirement in 4.0, it is still recommended if one is supplied.)

You must also indicate if you have modified the work—for example, if you have taken an excerpt, or cropped a photo. (For versions prior to 4.0, this is only required if you have created an adaptation by contributing your own creative material, but it is recommended even when not required.) It is not necessary to note trivial alterations, such as correcting a typo or changing a font size. Finally, you must retain an indication of previous modifications to the work.

CC licenses have a flexible attribution requirement, so there is not necessarily one correct way to provide attribution. The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner. Additionally, you may satisfy the attribution requirement by providing a link to a place where the attribution information may be found.

While the attribution requirements in the license are the minimum requirement, we always recommend that you follow the best practices for the kind of use you are making. For example, if you are using scientific data marked with CC0, you are not required to give attribution at all, but we recommend that you give the same credit you would give to any other source—not because the license requires it, but because that is the standard for letting others know the source of the data.

The CC website offers some best practices to help you attribute properly, and the CC Australia team has developed a helpful guide to attributing CC-licensed material (.pdf) in different formats. Note that the attribution and marking requirements vary slightly among license versions. See here for a chart comparing the specific requirements.

Do I need to be aware of anything else when providing attribution?

Yes. You need to be careful not to imply any sponsorship, endorsement, or connection with the licensor or attribution party without their permission. Wrongfully implying that a creator, publisher, or anyone else endorses you or your use of a work may be unlawful. Creative Commons makes the obligation not to imply endorsement explicit in its licenses. In addition, if the licensor of a work requests that you remove the identifying credit, you must do so to the extent practical.

Additionally, when you are using a work that is an adaptation of one or more pre-existing works, you may need to give credit to the creator(s) of the pre-existing work(s), in addition to giving credit to the creator of the adaptation.

Do I always have to attribute the creator of the licensed material?

You must attribute the creator when you provide material to the public by any means that is restricted by copyright or similar rights. If you are using the material personally but are not making it or any adaptations of it available to others, you do not have to attribute the licensor. Similarly, if you are only distributing the material or adaptations of it within your company or organization, you do not have to comply with the attribution requirement. Learn more about when compliance with the license is not required.

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such.

Can I take a CC-licensed work and use it in a different format?

Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.

This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work.

How do I know if a low-resolution photo and a high-resolution photo are the same work?

As with most copyright questions, it will depend on applicable law. Generally, to be different works under copyright law, there must be expressive or original choices made that make one work a separate and distinct work from another. The determination depends on the standards for copyright in the relevant jurisdiction.

Under U.S. copyright law, for example, mechanical reproduction of a work into a different format is unlikely to create a separate, new work. Consequently, digitally enhancing or changing the format of a work absent some originality, such as expressive choices made in the enhancement or encoding, will not likely create a separate work for copyright purposes. The creative bar is low, but it is not non-existent. Accordingly, in some jurisdictions releasing a photograph under a CC license will give the public permission to reuse the photograph in a different resolution.

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

The NoDerivs licenses (BY-ND and BY-NC-ND) prohibit reusers from creating adaptations. What constitutes an adaptation, otherwise known as a derivative work, varies slightly based on the law of the relevant jurisdiction.

Incorporating an unaltered excerpt from an ND-licensed work into a larger work only creates an adaptation if the larger work can be said to be built upon and derived from the work from which the excerpt was taken. Generally, no derivative work is made of the original from which the excerpt was taken when the excerpt is used to illuminate an idea or provide an example in another larger work. Instead, only the reproduction right of the original copyright holder is being exercised by person reusing the excerpt. All CC licenses grant the right to reproduce a CC-licensed work for noncommercial purposes (at a minimum). For example, a person could make copies of one chapter of an ND-licensed book and not be in violation of the license so long as other conditions of the license are met.

There are exceptions to that general rule, however, when the excerpts are combined with other material in a way that creates some new version of the original from which the excerpt is taken. For example, if a portion of a song was used as part of a new song, that may rise to the level of creating an adaptation of the original song, even though only a portion of it was used and even if that portion was used as-is.

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

No. When you receive material under a Creative Commons license, you may not place additional terms and conditions on the reuse of the work. This includes using effective technological measures (ETMs) that would restrict a licensee’s ability to exercise the licensed rights.

A technological measure is considered an ETM if circumventing it carries penalties under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements. Generally, this means that the anti-circumvention laws of various jurisdictions would cover attempts to break it.

For example, if you remix a CC-licensed song, and you wish to share it on a music site that places digital copy-restriction on all uploaded files, you may not do this without express permission from the licensor. However, if you upload that same file to your own site or any other site that does not apply DRM to the file, and a listener chooses to stream it through an app that applies DRM, you have not violated the license.

Note that merely converting material into a different format that is difficult to access or is only available for certain platforms does not violate the restriction; you may do this without violating the license terms.

Can I share CC-licensed material on password-protected sites?

Yes. This is not considered to be a prohibited measure, so long as the protection is merely limiting who may access the content, and does not restrict the authorized recipients from exercising the licensed rights. For example, you may post material under any CC license on a site restricted to members of a certain school, or to paying customers, but you may not place effective technological measures (including DRM) on the files that prevents them from sharing the material elsewhere.

(Note that charging for access may not be permitted with NC-licensed material; however, it is not disallowed by the restriction on ETMs.)

Can I share CC-licensed material on file-sharing networks?

Yes. All CC licenses allow redistribution of the unmodified material by any means, including distribution via file-sharing networks. Note that file-trading is expressly considered to be noncommercial for purposes of compliance with the NC licenses. Barter of NC-licensed material for other items of value is not permitted.

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

If you have received material under a CC license that is encumbered with effective technological measures (such as digital rights management or DRM), you may or may not be permitted to break it, depending on the circumstances. By releasing material under a CC license, the licensor agrees not to assert any rights she may have to prevent the circumvention of effective technological measures. (Under the 3.0 and earlier licenses, this is implied but not explicit.) However, if she has uploaded it to a site or other distribution channel that itself applies such measures, that site may have the right to prevent you from breaking them, even though the licensor herself cannot do so.

Note that anti-circumvention laws can impose criminal liability in some jurisdictions.

What if I have received CC-licensed material with additional restrictions?

It is possible that CC-licensed material will appear on platforms that impose terms in addition to the copyright license (though Creative Commons strongly discourages restrictions that interfere with exercise of the licensed rights). These additional terms do not form part of the license for the work. For example, if you download CC-licensed material from a site that does not permit downloading, you may be breaking the terms of use of the site, but you are not infringing the CC license. See our guide to Modifying the CC licenses for more guidance and information.

Combining and adapting CC material

When is my use considered an adaptation?

Whether a modification of licensed material is considered an adaptation for the purpose of CC licenses depends primarily on the applicable copyright law. Copyright law reserves to an original creator the right to create adaptations of the original work. CC licenses that allow for adaptations to be shared—all except BY-ND and BY-NC-ND—grant permission to others to create and redistribute adaptations when doing so would otherwise constitute a violation of applicable copyright law. Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable, such as a translation of a novel from one language to another, or the creation of a screenplay based on a novel.

Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation, whether or not it would be considered so under applicable law. Also, under version 4.0, certain uses of databases restricted by sui generis database rights also constitute adaptations (called “Adapted Material” in the 4.0 licenses), whether or not they would be considered adaptations under copyright law. For more details about adaptations in the database context, see the Data FAQ.

Note that all CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license.

Note on terminology: throughout these FAQs, we use the term “remix” interchangeably with “adapt.” Both are designed to mean doing something that constitutes an adaptation under copyright law.

Can I combine material under different Creative Commons licenses in my work?

It depends. The first question to ask is whether doing so constitutes an adaptation. If the combination does not create an adaptation, then you may combine any CC-licensed content so long as you provide attribution and comply with the NonCommercial restriction if it applies. If you want to combine material in a way that results in the creation of an adaptation (i.e. a “remix”), then you must pay attention to the particular license that applies to the content you want to combine.

The NoDerivatives licenses do not permit remixing except for private use (the pre-4.0 licenses do not permit remixing at all, except as allowed by exceptions and limitations to copyright). All the other CC licenses allow remixes, but may impose limitations or conditions on how the remix may be used. For example, if you create a remix with material licensed under a ShareAlike license, you need to make sure that all of the material contributed to the remix is licensed under the same license or one that CC has named as compatible, and you must properly credit all of the sources with the required attribution and license information. Similarly, if you want to use a remix for commercial purposes, you cannot incorporate material released under one of the NonCommercial licenses.

The chart below shows which CC-licensed material can be remixed. To use the chart, find a license on the left column and on the top right row. If there is a check mark in the box where that row and column intersect, then the works can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies. See below for details on how remixes may be licensed.

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If you make adaptations of material under a CC license (i.e. “remix”), the original CC license always applies to the material you are adapting even once adapted. The license you may choose for your own contribution (called your “adapter’s license”) depends on which license applies to the original material. Recipients of the adaptation must comply with both the CC license on the original and your adapter’s license.

  • BY and BY-NC material

When remixing BY or BY-NC material, it is generally recommended that your adapter’s license include at least the same license elements as the license applied to the original material. This eases reuse for downstream users because they are able to satisfy both licenses by complying with the adapter’s license. For example, if you adapt material licensed under BY-NC, your adapter’s license should also contain the NC restriction. See the chart below for more details.

  • BY-SA and BY-NC-SA material

In general, when remixing ShareAlike content, your adapter’s license must be the same license as the license on the material you are adapting. All licenses after version 1.0 also allow you to license your contributions under a later version of the same license, and some also allow ported licenses. (See the license versions page for details.) If you wish to adapt material under BY-SA or BY-NC-SA and release your contributions under a non-CC license, you should visit the Compatibility page to see which options are allowed.

  • BY-ND and BY-NC-ND material

The BY-ND and BY-NC-ND licenses do not permit distribution of adaptations (also known as remixes or derivative works), and prohibits the creation of adaptations under the pre-4.0 versions of those licenses. Since you may not share remixes of these materials at all, there is no compatibility with other licenses. (Note that the ND licenses do allow you to reproduce the material in unmodified form together with other material in a collection, as indicated in the next FAQ.)

  • Adapter’s license chart

The chart below details the CC license(s) you may use as your adapter’s license. When creating an adaptation of material under the license identified in the lefthand column, you may license your contributions to the adaptation under one of the licenses indicated on the top row if the corresponding box is green. CC does not recommend using a license if the corresponding box is yellow, although doing so is technically permitted by the terms of the license. If you do, you should take additional care to mark the adaptation as involving multiple copyrights under different terms so that downstream users are aware of their obligations to comply with the licenses from all rights holders. Dark gray boxes indicate those licenses that you may not use as your adapter’s license.

Adapter’s license chart Adapter’s license
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work PD              
BY              
BY-NC              
BY-NC-ND              
BY-NC-SA              
BY-ND              
BY-SA              
Abbreviation Key

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

All Creative Commons licenses (including the version 4.0 licenses) allow licensed material to be included in collections such as anthologies, encyclopedias, and broadcasts. You may choose a license for the collection, however this does not change the license applicable to the original material.

When you include CC-licensed content in a collection, you still must adhere to the license conditions governing your use of the material incorporated. For example, material under any of the Creative Commons NonCommercial licenses cannot be used commercially. The table below indicates what type of CC-licensed works you may incorporate into collections licensed for commercial and noncommercial uses.

Original Work Commercial Collection (BY, BY-SA, BY-ND) NonCommercial Collection (BY-NC, BY-NC-SA, BY-NC-ND)
PD    
BY    
BY-NC    
BY-NC-ND    
BY-NC-SA    
BY-ND    
BY-SA    

License termination

When do Creative Commons licenses expire?

Creative Commons licenses expire when the underlying copyright and similar rights expire.

Note that the relevant rights may expire at different times. For example, you may have a CC-licensed song where the rights in the musical arrangement expire before the rights in the lyrics. In this case, when the copyright in the music expires, you may use it without being required to comply with the conditions of the CC license; however, you must still comply with the license if you use the lyrics.

What happens if the author decides to revoke the CC license to material I am using?

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms. Of course, you may choose to respect the licensor’s wishes and stop using the work.

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

All of the CC licenses terminate if you fail to follow the license conditions. If this happens, you no longer have a license to use the material.

In the 4.0 licenses, your rights under the license are automatically reinstated if you correct this failure within 30 days of discovering the violation (either on your own or because the licensor or someone else has told you). Under the 3.0 and earlier licenses, there is no automatic reinstatement.

If you have lost your rights under a CC license and are not entitled to automatic reinstatement, you may regain your rights under the license if the licensor expressly grants you permission. You cannot simply re-download the material to get a new license.

Note that you may still be liable for damages for copyright infringement for the period where you were not in compliance with the license.

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

The Creative Commons licenses have three layers, as does the CC0 public domain dedication: the human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The Public Domain Mark is not legally operative, and so has only two layers: the human-readable mark and machine-readable metadata.

When material is licensed using any of the CC licenses or tools, it is highly recommended that a CC button, text, or other marker somehow accompany it. There are many possible modes for marking. For our licenses, people generally use the CC license chooser to generate HTML code that can be pasted into the webpage where the licensed material is published. CC0 and the Public Domain Mark have a separate chooser. Many platforms and web services such as Flickr and Drupal support CC licensing directly, allowing you to select an appropriate license. The service then properly marks the work for you.

CC has published some best practices for marking your CC-licensed material, and recommends:

  • Including a visual indicator (some combination of text and images) that the work is licensed with one of the CC licenses.
  • Clearly indicating what material is covered under the CC license, especially if it’s presented alongside non-licensed materials.
  • Including a link to the human-readable deed (which itself contains a link to the legal code).
  • Embedding machine-readable metadata in the code of the license indicator or code of the licensed page.

See the marking page for more details.

What does it mean that Creative Commons licenses are “machine-readable”?

Creative Commons has specified CC REL as a way to associate machine-readable licensing metadata with objects offered under CC licenses.

Before Creative Commons developed this vocabulary, it was difficult for a machine to ascertain whether an object was marked with a CC license. There was also no standard, predictable place to house metadata about that license (for example, the source URL of the work or the required mode of attribution).

Machine-readable metadata based on well-accepted metadata standards creates a platform upon which new services and applications can be built. Software and services can detect CC licenses and the details of that license, as described by the metadata. For example, on many websites and search engines such as Google and Flickr, you can run filtered searches for works offered under specific CC licenses. In addition, CC license deeds can automatically create copy-and-paste attribution code so users may easily comply with the BY condition of the licenses. When you click on a CC license or button from a page with license metadata, you get copy-and-paste attribution HTML within that license deed page. That HTML is based on available RDFa metadata in the original material.

All HTML provided by the CC license chooser is automatically annotated with metadata in RDFa format.

What is RDFa?

RDFa is a method for embedding structured data in a web page. For more information about RDFa, see the following resources:

What is CC REL and why does Creative Commons recommend it?

Creative Commons Rights Expression Language (CC REL) renders information about licenses and works machine-readable through standards that define the semantic web. Creative Commons wants to make it easy for creators and scientists to build upon the works of others when they choose; licensing your work for reuse and finding properly licensed works to reuse should be easy. CC recommends that you mark your licensed works with CC REL. The Creative Commons license chooser provides HTML annotated with CC REL, while the Creative Commons deeds recognize CC REL on web pages with works offered under a CC license, and use this metadata to enhance the deed for properly marked-up works, e.g., by providing copy and paste HTML that includes work attribution.

For more background information on CC REL, please refer to this paper.

What does it mean for a search engine to be CC-enabled?

Some search engines (like Google) allow people to filter their search results by usage rights so that you can limit your search results according to the particular CC license you seek. For example, if you are looking for a photo to adapt, you can filter your search to return photos that have a CC license that permits creation of adaptations. You can generally find this search feature on the advanced search page of your selected search engine. You can also use CC Search, which offers a convenient interface to search and a list of those content providers that support searches for content based on usage rights.

Please note, however, that you should always double check to make sure that the work you locate through a search is licensed as you wish.

How do I give users of my site the option to use CC licensing like Flickr does?

Creative Commons provides tools for integrating license selection with your site. You can find an overview at the Web Integration article on the CC wiki. The Partner Interface is a good way to get started and will always have the most up-to-date license versions and translations. However, there is also an API available if you want more control.

How can I change or remove the Creative Commons search option built into the Firefox browser?

Mozilla has included the Creative Commons search function in many versions of Firefox along with search options for Google, Amazon, and other popular sites. Please take a look at the Firefox article on the CC wiki for an explanation of how to change these features.

If you want to add or remove a particular search option, click on the logo in the search box (for example, the CC logo or the Google logo). This will open the pull down menu, which will allow you to select different search providers. If you choose “Manage Search Engines,” you will be able to add or remove search engines. You can also alter the order in which the search providers appear on the pull down menu.

Is Creative Commons involved in digital rights management (DRM)?

No. CC licenses are a form of rights expression, not rights management. CC provides tools to make it easier for creators and owners to say which rights they reserve and permissions they grant. This is different from digital rights management (or “DRM”), which uses technological protection measures to prevent people from using the work in a way that the owner has not permitted.

CC licenses contain language prohibiting licensees from the use of effective technological measures (including DRM) to prevent access to licensed material: ”You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any such recipient.”

While licensors may apply effective technological measures (ETMs) to their own materials, the licensor provides a limited permission to circumvent these measures: “The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures.” Note that this only applies to effective technological measures applied by licensors themselves: third parties such as distribution platforms may still apply ETMs if the licensor uploads there, and the license is not able to grant you permission to circumvent it.

Copyright law grants exclusive rights to creators of original works of authorship. National laws usually extend protections to such works automatically once fixed in a tangible medium, prohibiting the making of copies without the rights holder’s permission, among other things. On the internet, even the most basic activities involve making copies of copyrighted content. As content is increasingly uploaded, downloaded, and shared online, copyright law is becoming more relevant to more people than it was 20 years ago. Unfortunately, infringing copyrights—even unintentionally or unknowingly—can lead to liability. Successful navigation of the internet requires some understanding of copyright law.

What is the public domain?

The public domain of copyright refers to the aggregate of those works that are not restricted by copyright within a given jurisdiction. A work may be part of the public domain because the applicable term of copyright has expired, because the rights holder surrendered copyright in the work with a tool like CC0, or because the work did not meet the applicable standards for copyrightability.

Because the public domain depends on the copyright laws in force within a particular territory, sometimes a work may be considered “in the public domain” of one jurisdiction, but not in another. For example, U.S. government works are automatically in the public domain under U.S. copyright law, but might be restricted by copyright in other countries.

The Public Domain Manifesto, the University Libraries page, and the CC0 FAQs all contain additional information about the public domain.

Copyright in most jurisdictions attaches automatically without need for any formality once a creative work is fixed in tangible form (i.e. the minute you put pen to paper, take a photo, or hit the “save” button on your computer).

In some jurisdictions, creators may be required to register with a national agency in order to enforce copyright in court. If you would like more information, please consult the Berne Convention or your jurisdiction’s copyright law.

Although you do not have to apply a copyright notice for your work to be protected, it may be a useful tool to clearly signal to people that the work is yours. It also tells the public who to contact about the work.

What is an adaptation?

An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.

In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter’s personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil’s copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction’s copyright law for more information.

What are moral rights?

Copyright laws in many jurisdictions around the world grant creators “moral rights” in addition to the economic or commercial right to exploit their creative works. Moral rights protect the personal and reputational value of a work for its creator. Moral rights differ by country, and can include the right of attribution, the right to have a work published anonymously or pseudonymously, and/or the right to the integrity of the work. The moral right of integrity may provide creators with a source for redress if an adaptation represents derogatory treatment of their work, typically defined as “distortion or mutilation” of the work or treatment that is “prejudicial to the honor, or reputation of the author.” Not all jurisdictions provide for moral rights.

The CC licenses are intended to minimize the effect of moral rights on a licensee’s ability to use licensed material; however, in some jurisdictions, these rights may still have an effect. CC offers some additional information on how CC licenses may affect your moral rights.

What are neighboring rights?

Copyright provides an incentive to create works by providing exclusive rights to creators. However, the distribution or exploitation of a work often involves more than just the creator. For example, if someone writes a song, someone else may perform the song, and another may produce the recording of the song. Some jurisdictions extend copyright to the contributions made by these persons; other jurisdictions extend such exclusive rights in the form of neighboring rights. Neighboring rights may include performers’ rights or broadcasters’ rights, among others. The Rome Convention sets forth some guidelines on the scope of neighboring rights. Not all jurisdictions recognize neighboring rights.

What are sui generis database rights?

Sui generis database rights grant qualifying database makers the right to prohibit the extraction and reuse of a substantial portion of a database. The rights are granted to database makers that make a substantial investment of time and resources to create the database. Sui generis database rights are primarily enacted within the European Union and a handful of other jurisdictions.

What are collecting societies?

Collecting societies are copyright management organizations. Some examples of collecting societies include ASCAP and BMI (United States), BUMA/STEMRA (Netherlands), PRS (United Kingdom), and APRA (Australia). These societies license works on behalf of their owners and process royalty payments from parties using the copyrighted works.

CC offers additional information on how collecting societies might affect your rights and your ability to apply CC licenses to your work. CC has several pilots underway with collecting societies that have chosen to allow their members to use CC licenses on a limited basis.

What are publicity, personality, and privacy rights?

These terms are used differently in different jurisdictions. Generally speaking, these rights allow individuals to control the use of their voice, image, likeness, or other identifiable aspect of their identity, especially for purposes of commercial exploitation. Similarly, in some jurisdictions these rights allow people to restrict others’ ability to publish information about them without their permission. Whether and to what extent these rights exist, and if so, how they are labeled, varies depending on the jurisdiction.

Creative Commons licenses have a limited effect on these rights where the licensor holds them. Where the licensor has publicity, personality, or privacy rights that may affect your ability to use the material as the license intends, the licensor agrees to waive or not assert those rights. However, any such rights not held by the licensor are not affected and may still affect your desired use of a licensed work. If you have created a work or wish to use a work that might in some way implicate these rights, you may need to obtain permission from the individuals whose rights may be affected.

Data

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

: Uses of CC Licenses with Data and Databases : Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker’s investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [marking page]https://wiki.creativecommons.org/wiki/Marking_your_work_with_a_CC_license “wikilink”) for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights–but not copyright–are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.1 These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker’s substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Artificial intelligence and CC licenses

What are the limits on how CC-licensed works can be used in the development of new technologies, such as training of artificial intelligence software?

The licenses grant permission for reuse in any situation that requires permission under copyright. There are many ways in which CC-licensed work works and even all rights reserved works can be reused without permission. This includes uses that are fair uses, for example.

If someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected. This is one of the enduring qualities of our licenses — they have been carefully designed to work with all new technologies where copyright comes into play. No special or explicit permission regarding new technologies from a copyright perspective is required.

But what about privacy laws, rules governing ethical research, and data protection laws?

CC’s copyright licenses are not universal policy tools. Copyright is the primary obstacle to reuse that our licenses solve, but there are many other issues related to the reuse of content that our licenses do not address and that reusers should be aware of. These can include privacy and rules governing ethical research and the collection or use of data, which have to be addressed and respected separate and apart from the copyright issues that CC licenses cover.

What attribution obligations exist when CC-licensed images are included in a published dataset? Is linking to the original image or URI required, and if so, is it adequate?

It depends. First, keep in mind that CC licenses never limit uses that copyright doesn’t control. For example, as a general matter text and data mining in the United States is considered a fair use and does not require permission under copyright. This means that reusers engaged in text and data mining do not have to adhere to the marking and attribution requirements in our licenses for that activity even though we strongly recommend they do so anyway. A second example is linking. In some countries, linking to copyrighted content doesn’t require permission under copyright law, which means the CC license obligations do not come into play even though the linked content is CC-licensed.

Where a CC-licensed work is distributed as part of a database or dataset, and assuming copyright (or in the European Union, copyright or sui generis database rights) is triggered, then the license conditions must be respected. This means providing the required attribution information in a way that is reasonable under the circumstances. Our licenses allow for some flexibility, and in some cases that may be as simple as providing a link to the website where the relevant attribution information is provided. Visit our marking practices page for more information.

If a for-profit company uses CC-licensed content under a Non Commercial license and releases the work under terms that allow only research purposes, is the NC restriction violated?

This depends on whether any of the uses made of the works by the company, whether for profit or non profit, are primarily intended for commercial advantage or monetary compensation. This is hard to know without having all of the facts about how a work was used, whether internally by the company for its own purposes or how the work was distributed for further use. Visit our NC page for more information about what constitutes commercial and non commercial uses of works.

If NC-licensed content is redistributed to the public under an NC license, that distribution would not violate the NC clause. (Note that CC strongly discourages the use of any license terms other than a CC NC license for redistributions of NC-licensed content.)

If CC SA-licensed content is included in a database, does the entire database have to be licensed under an SA license?

CC licenses never require a reuser of a CC-licensed work to make the original work or resulting works (collections, derivatives, etc.) publicly available. There are lots of private reuses of works that are permitted by CC’s licenses that do not require compliance with their terms. Regarding ShareAlike, the condition only applies if a work is modified and if the work is shared publicly. In the situation where a reuser created a dataset of photos and made it publicly available, and assuming copyright permission is required, then what is released is likely a collection or compilation of pre-existing works. CC licenses do not require the collection or the compilation itself to be made available under an SA license, even though each individual work is still licensed individually under an SA license and if they were modified by the distributor the modified photo would need to be licensed under the same terms. For example, were Creative Commons to compile photographs from a photo sharing website under a BY-SA 2.0 license and create a database that it then publicly distributed, CC could license the collection as a whole under a BY license, but the photographs would continue to be licensed under BY-SA 2.0.

What, if any, remedies, do users have if they dislike how their photos or images have been reused?

Several remedies are potentially available. Some may be available if the CC license terms have been violated, and others may be available through other, separate avenues because they involve other laws or regulations that the CC licenses do not cover. It’s important to remember, however, that absent a violation of the license the permissions granted under the license remain in place and cannot be revoked.

  • Under the CC licenses, even if a license condition has not been violated licensors can ask that attribution to them be removed so they can distance themselves from the reuse.
  • For violations of a CC license term where the license was required (not a fair use, etc.) then you may have a claim for copyright infringement. Fortunately, in the CC community most license violations are handled amicably without resorting to the courts.
  • For claims involving laws and regulations other than copyright, recourse may be available depending on your local laws.

An important starting point for any would-be sharer of content under a CC license is to educate yourself in advance about how they work and what rights they do and do not cover. We have many FAQs on our website. We also provide human-readable deeds with links to the full text of our licenses. Additionally, all of our licenses highlight at the beginning many considerations that licensors should have in mind before they license, and considerations for reusers of works before they do so in order to avoid inadvertent violations.

Notes

  1. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).↩

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  • Adapt — remix, transform, and build upon the material
  • for any purpose, even commercially.
  • The licensor cannot revoke these freedoms as long as you follow the license terms.

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  • Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.

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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS DRAFT LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.

License

THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE IS PROHIBITED.

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1. Definitions

  1. "Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
  2. "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License.
  3. "Licensor" means the individual or entity that offers the Work under the terms of this License.
  4. "Original Author" means the individual or entity who created the Work.
  5. "Work" means the copyrightable work of authorship offered under the terms of this License.
  6. "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.

2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.

3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:

  1. to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;
  2. to create and reproduce Derivative Works;
  3. to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works;
  4. to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works;

The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved.

4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:

  1. You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any reference to such Licensor or the Original Author, as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any reference to such Licensor or the Original Author, as requested.
  2. You may distribute, publicly display, publicly perform, or publicly digitally perform a Derivative Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of each Derivative Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Derivative Works that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder, and You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Derivative Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Derivative Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Derivative Work itself to be made subject to the terms of this License.
  3. If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Derivative Works or Collective Works, You must keep intact all copyright notices for the Work and give the Original Author credit reasonable to the medium or means You are utilizing by conveying the name (or pseudonym if applicable) of the Original Author if supplied; the title of the Work if supplied; in the case of a Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.

5. Representations, Warranties and Disclaimer

  1. By offering the Work for public release under this License, Licensor represents and warrants that, to the best of Licensor's knowledge after reasonable inquiry:
    1. Licensor has secured all rights in the Work necessary to grant the license rights hereunder and to permit the lawful exercise of the rights granted hereunder without You having any obligation to pay any royalties, compulsory license fees, residuals or any other payments;
    2. The Work does not infringe the copyright, trademark, publicity rights, common law rights or any other right of any third party or constitute defamation, invasion of privacy or other tortious injury to any third party.
  2. EXCEPT AS EXPRESSLY STATED IN THIS LICENSE OR OTHERWISE AGREED IN WRITING OR REQUIRED BY APPLICABLE LAW, THE WORK IS LICENSED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE CONTENTS OR ACCURACY OF THE WORK.

6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, AND EXCEPT FOR DAMAGES ARISING FROM LIABILITY TO A THIRD PARTY RESULTING FROM BREACH OF THE WARRANTIES IN SECTION 5, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Termination

  1. This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Derivative Works or Collective Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
  2. Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.

8. Miscellaneous

  1. Each time You distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
  2. Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
  3. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
  4. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
  5. This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.

Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.

Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, neither party will use the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time.

Creative Commons may be contacted at https://creativecommons.org/.

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#####EOF##### Version 3.0 Launched - Creative Commons
Creative Commons > Blog > Weblog > Version 3.0 Launched

Version 3.0 Launched

February 23, 2007

The latest version of the Creative Commons licenses — Version 3.0 — are now available. To briefly recap what is different in this version of the licenses:

Separating the “generic” from the US license

As part of Version 3.0, we have spun off the “generic” license to be the CC US license and created a new generic license, now known as the “unported” license. For more information about this change, see this more detailed explanation.

Harmonizing the treatment of moral rights & collecting society royalties

In Version 3.0, we are ensuring that all CC jurisdiction licenses and the CC unported license have consistent, express treatment of the issues of moral rights and collecting society royalties (subject to national differences). For more information about these changes, see this explanation of the moral rights harmonization and this explanation of the collecting society harmonization.

No Endorsement Language

That a person may not misuse the attribution requirement of a CC license to improperly assert or imply an association or relationship with the licensor or author, has been implicit in our licenses from the start. We have now decided to make this explicit in both the Legal Code and the Commons Deed to ensure that — as our licenses continue to grow and attract a large number of more prominent artists and companies — there will be no confusion for either the licensor or licensee about this issue. For a more detailed explanation, see here.

BY-SA — Compatibility Structure Now Included

The CC BY-SA 3.0 licenses will now include the ability for derivatives to be relicensed under a “Creative Commons Compatible License,” which will be listed here. This structure realizes CC’s long-held objective of ensuring that there are no legal barriers to people being able to remix creativity in the way that flexible licenses are intended to enable. More information about this is provided here.

Clarifications Negotiated With Debian & MIT

Finally, Version 3.0 of the licenses include minor clarifications to the language of the licenses to take account of the concerns of Debian (more details here) and MIT (more details here).

As part of discussions with Debian, it was proposed to allow the release of CC-licensed works under DRM by licensees on certain conditions — what was known as the “parallel distribution language” but this has not been included as part of Version 3.0 of the CC licenses.

Below is a list of CC blog posts about Version 3.0:

Getting to Version 3.0
Version 3.0 — Public Discussion Launched
Version 3.0 — Revised License Drafts
Version 3.0 — It’s Happening & With BY-SA Compatibility Language Too

Category:Weblog

3 thoughts on “Version 3.0 Launched”

  1. the link : version 3.0 – are now availible – at the beginning of the posting goes to a german part of your organisation, but not to the accepted version of creative commons license.

  2. I am currently using version 3.0, but will I need to upgrade when version 4.0 becomes available or the license automatically transferred?

  3. Sabrina — the link points to our license chooser. If your jurisdiction is pre-selected to Germany, they have not updated to 3.0 yet. Switch to “Unported” to get version 3.

    remotegurus.com — if you offer work under 3.0 the offer is not automatically switched to 4.0 when that is (eventually, hopefully a long time from now) released, but the licenses are upward compatible, so someone could take your work licensed under 3.0, make a derivative work (assuming you aren’t using a NoDerivatives license) and release the new work under 4.0.

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#####EOF##### Frequently Asked Questions - Creative Commons
English | Français

Frequently Asked Questions

2019-04-02 14:07:11 UTC

These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information.

  • Other CC FAQs: CC0 Public Domain Dedication and Public Domain Mark.
  • “Licensor”, “rights holder”, “owner”, and “creator” may be used interchangeably to refer to the person or entity applying a CC license.
  • Information about the licenses is primarily made with reference to the 4.0 suite, but earlier license versions are mentioned where they differ.
  • Have a question that isn’t answered here? Contact info@creativecommons.org.

Creative Commons does not provide legal advice. This FAQ is for informational purposes and is not a substitute for legal advice. It may not cover important issues that affect you. You should consult with your own lawyer if you have questions.

About CC

What is Creative Commons and what do you do?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. Our legal tools help those who want to encourage reuse of their works by offering them for use under generous, standardized terms; those who want to make creative uses of works; and those who want to benefit from this symbiosis. Our vision is to help others realize the full potential of the internet. CC has affiliates all over the world who help ensure our licenses work internationally and who raise awareness of our work.

Although Creative Commons is best known for its licenses, our work extends beyond just providing copyright licenses. CC offers other legal and technical tools that also facilitate sharing and discovery of creative works, such as CC0, a public domain dedication for rights holders who wish to put their work into the public domain before the expiration of copyright, and the Public Domain Mark, a tool for marking a work that is in the worldwide public domain. Creative Commons licenses and tools were designed specifically to work with the web, which makes content that is offered under their terms easy to search for, discover, and use.

For more information about CC, our main website contains in-depth information about the organization, its staff and board of directors, its history, and its supporters. You can also read CC case studies to learn about some of the inspiring ways CC licenses and tools have been used to share works and support innovative business models. You can find regularly updated information about CC by visiting the blog.

Absolutely not. CC has responded to claims to the contrary. CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

That said, Creative Commons recognizes the need for change in copyright law, and many members of the Creative Commons community are active participants in the copyright reform movement. For more information, see our statement in support of copyright reform.

What does “Some Rights Reserved” mean?

Copyright grants to creators a bundle of exclusive rights over their creative works, which generally include, at a minimum, the right to reproduce, distribute, display, and make adaptations. The phrase “All Rights Reserved” is often used by owners to indicate that they reserve all of the rights granted to them under the law. When copyright expires, the work enters the public domain, and the rights holder can no longer stop others from engaging in those activities under copyright, with the exception of moral rights reserved to creators in some jurisdictions. Creative Commons licenses offer creators a spectrum of choices between retaining all rights and relinquishing all rights (public domain), an approach we call “Some Rights Reserved.”

No. Creative Commons is not a law firm and does not provide legal advice or legal services. CC is similar to a self-help service that offers free, form-based legal documents for others to use. These FAQ answers many of the most common questions. There is also specialized information available on the following pages:

While CC does provide this informational guidance about its licenses and other tools, this information may not apply to your particular situation, and should never be taken as legal advice.

If you’re looking for legal advice about using CC licenses and other tools, we recommend contacting the Creative Commons affiliate in your jurisdiction. CC affiliates are highly connected to the communities of copyright lawyers in their countries. We also offer a list of lawyers and organizations who have identified themselves as willing to provide information to others about CC licensing issues. However, please note that CC does not provide referral services, and does not endorse or recommend any person on that list.

Does Creative Commons collect or track material licensed under a CC license?

No, CC does not collect content or track licensed material. However, CC builds technical tools that help the public search for and use works licensed under our licenses and other legal tools, and many others have built such tools as well. CC Search is one tool developed by CC to help the public discover works offered under Creative Commons licenses on the internet via CC-aware search engines and repositories.

What do the Creative Commons buttons do?

The CC buttons are a shorthand way to convey the basic permissions associated with material offered under CC licenses. Creators and owners who apply CC licenses to their material can download and apply those buttons to communicate to users the permissions granted in advance. When the material is offered online, the buttons should usually link out to the human-readable license deeds (which, in turn, link to the license itself).

May I use the Creative Commons logo and buttons?

You may download high resolution versions of the Creative Commons logos and use them in connection with your work or your website, provided you comply with our policies. Among other things, if you use the logos on a website or on your work, you may not alter the logos in any respect—such as by changing the font, the proportions, or the colors. CC’s buttons, name, and corporate logo (the “CC” in a circle) are trademarks of Creative Commons. You cannot use them in ways not permitted by our policies unless you first receive express, written permission. This means, for example, that you cannot (without our permission) print your own buttons and t-shirts using CC logos, although you can purchase them in CC’s store.

I love Creative Commons. How can I help?

Please support CC by making a donation through our support page. Donations can be handled through PayPal or by credit card. You can also support CC by visiting our store.

CC always welcomes your feedback, which you can provide by emailing . You can also participate in CC’s email discussion lists and share feedback and ideas in one of those forums.

If you are a software developer, sysadmin, or have other technical expertise, please join our developer community and help build the tools that build the commons.

Finally, one of the best ways to support CC is by supporting our causes yourself. Follow our blog to find out about current issues where you can help get involved and spread the word, and advocate for free and open licensing in your own communities.

Why does Creative Commons run an annual fundraising campaign? What is the money used for and where does it go?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, with affiliates all over the world who help ensure our licenses work internationally and raise awareness about our work. Our tools are free, and our reach is wide.

In order to…

  • continue developing our licenses and public domain tools to make sure they are legally and technically up-to-date around the world,
  • help creators implement these tools on websites through best practices and individual assistance,
  • enable CC licensing on major content-sharing platforms,
  • enhance CC-licensed resource search and discovery,
  • advocate for CC licensing and open policies in education, science, and culture, and
  • myriad other activities we’re forgetting to mention, such as all the everyday boring but essential operations that go into running an organization

…we need $ to make it all happen! For more information, please take a look at our Annual Report.

Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. It is essential we have the public’s support because it is the creators and users of CC material who make our tools relevant in this digital age. They depend on the tools and services CC provides through their reuse and remix of the rich, open resources available on Wikipedia, Flickr, SoundCloud, Vimeo, Europeana, MIT OpenCourseWare, the Library of Science, Al Jazeera, and YouTube—just to name a few. Many of these people donate $10, $25, or $50 to CC, to help keep it up and running so we can continue to provide our tools and services for free, as a nonprofit organization. The more people who donate to CC, the more independent it will remain.

General License Information

What are Creative Commons licenses?

Creative Commons licenses provide an easy way to manage the copyright terms that attach automatically to all creative material under copyright. Our licenses allow that material to be shared and reused under terms that are flexible and legally sound. Creative Commons offers a core suite of six copyright licenses. Because there is no single “Creative Commons license,” it is important to identify which of the six licenses you are applying to your material, which of the six licenses has been applied to material that you intend to use, and in both cases the specific version.

All of our licenses require that users provide attribution (BY) to the creator when the material is used and shared. Some licensors choose the BY license, which requires attribution to the creator as the only condition to reuse of the material. The other five licenses combine BY with one or more of three additional license elements: NonCommercial (NC), which prohibits commercial use of the material; NoDerivatives (ND), which prohibits the sharing of adaptations of the material; and ShareAlike (SA), which requires adaptations of the material be released under the same license.

CC licenses may be applied to any type of work, including educational resources, music, photographs, databases, government and public sector information, and many other types of material. The only categories of works for which CC does not recommend its licenses are computer software and hardware. You should also not apply Creative Commons licenses to works that are no longer protected by copyright or are otherwise in the public domain. Instead, for those works in the worldwide public domain, we recommend that you mark them with the Public Domain Mark.

How do CC licenses operate?

CC licenses are operative only when applied to material in which a copyright exists, and even then only when a particular use would otherwise not be permitted by copyright. Note that the latest version of CC licenses also applies to rights similar to copyright, such as neighboring rights and sui generis database rights. Learn more about the scope of the licenses. This means that CC license terms and conditions are not triggered by uses permitted under any applicable exceptions and limitations to copyright, nor do license terms and conditions apply to elements of a licensed work that are in the public domain. This also means that CC licenses do not contractually impose restrictions on uses of a work where there is no underlying copyright. This feature (and others) distinguish CC licenses from some other open licenses like the ODbL and ODC-BY, both of which are intended to impose contractual conditions and restrictions on the reuse of databases in jurisdictions where there is no underlying copyright or sui generis database right.

All CC licenses are non-exclusive: creators and owners can enter into additional, different licensing arrangements for the same material at any time (often referred to as “dual-licensing” or “multi-licensing”). However, CC licenses are not revocable once granted unless there has been a breach, and even then the license is terminated only for the breaching licensee.

There are also videos and comics that offer visual descriptions of how CC licenses work.

Which is the latest version of the licenses offered by Creative Commons?

In November 2013, Creative Commons published the version 4.0 license suite. These licenses are the most up-to-date licenses offered by CC, and are recommended over all prior versions. You can see how the licenses have been improved over time on the license versions page. 4.0 has been drafted to be internationally valid, and will have official translations becoming available after publication.

No. By design, CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions. This is a fundamental principle of CC licensing.

Who gives permission to use material offered under Creative Commons licenses?

Our licenses and legal tools are intended for use by anyone who holds copyright in the material. This is often, but not always, the creator.

Creative Commons offers licenses and tools to the public free of charge and does not require that creators or other rights holders register with CC in order to apply a CC license to a work. This means that CC does not have special knowledge of who uses the licenses and for what purposes, nor does CC have a way to contact creators beyond means generally available to the public. CC has no authority to grant permission on behalf of those persons, nor does CC manage those rights on behalf of others.

If you would like to obtain additional permissions to use the work beyond those granted by the license that has been applied, or if you’re not sure if your intended use is permitted by the license, you should contact the rights holder.

Are Creative Commons licenses enforceable in a court of law?

Creative Commons licenses are drafted to be enforceable around the world, and have been enforced in court in various jurisdictions. To CC’s knowledge, the licenses have never been held unenforceable or invalid.

CC licenses contain a “severability” clause. This allows a court to eliminate any provision determined to be unenforceable, and enforce the remaining provisions of the license.

What happens if someone applies a Creative Commons license to my work without my knowledge or authorization?

CC alerts prospective licensors they need to have all necessary rights before applying a CC license to a work. If that is not the case and someone has marked your work with a CC license without your authorization, you should contact that person and tell them to remove the license from your work. You may also wish to contact a lawyer. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What are the international (“unported”) Creative Commons licenses, and why does CC offer “ported” licenses?

One of CC’s goals is ensuring that all of its legal tools work globally, so that anyone anywhere in the world can share their work on globally standard terms. To this end, CC offers a core suite of six international copyright licenses (formerly called the “unported”) that are drafted based largely on various international treaties governing copyright, taking into account as many jurisdiction-specific legal issues as possible. The latest version (4.0) has been drafted with particular attention to the needs of international enforceability.

For version 3.0 and earlier, Creative Commons has also offered ported versions of its six core licenses for many jurisdictions (which usually correspond to countries, but not always). These ported licenses are based on the international license suite but have been modified to reflect local nuances in the expression of legal terms and conditions, drafting protocols, and language. The ported licenses and the international licenses are all intended to be legally effective everywhere. CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

Can governments and intergovernmental organizations (“IGOs”) use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors’ overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the “machine readable” layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]”; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you’re uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC’s Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC’s legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC’s Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and running pilot programs that allow creators to use CC licenses in some circumstances.

If you are already a member of a collecting society and want to use CC licenses, you are welcome to encourage your collecting society to give you the option of Creative Commons licensing.

Can I still make money from a work I make available under a Creative Commons license?

Yes. One of our goals is to encourage creators and rights holders to experiment with new ways to promote and market their work. There are several possible ways of doing this.

CC’s NonCommercial (NC) licenses allow rights holders to maximize distribution while maintaining control of the commercialization of their works. If you want to reserve the right to commercialize your work, you may do this by choosing a license with the NC condition. If someone else wants to use your work commercially and you have applied an NC license to your work, they must first get your permission. As the rights holder, you may still sell your own work commercially.

You may also use funding models that do not depend on using an NC license. For example, many artists and creators use crowdfunding to fund their work before releasing it under a less restrictive license. Others use a “freemium” model where the basic content is free, but extras such as a physical printed version or special access to a members-only website are for paying customers only.

For more information and ideas, The Power of Open presents case studies of artists, businesspeople, and organizations who use CC.

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

No. CC licenses allow for flexibility in the way credit is provided depending on the medium, means, and context in which a licensee is redistributing licensed material. For example, providing attribution to the creator when using licensed material in a blog post may be different than doing so in a video remix. This flexibility facilitates compliance by licensees and reduces uncertainty about different types of reuse—minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded.

Can I change the license terms or conditions?

Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons” or “CC” license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials. Keep in mind that altering terms and conditions is distinct from waiving existing conditions or granting additional permissions than those in the licenses. Licensors may always do so, and many choose to do so using the CC+ protocol to readily signal the waiver or additional permission on the CC license deed.

CC does not assert copyright in the text of its licenses, so you are permitted to modify the text as long as you do not use the CC marks to describe it. However, we do not recommend this. We also advise against modifying our licenses through indirect means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other material. This would prevent licensees from using, combining, or remixing content under your customized license with other content under the same or compatible CC licenses.

Modifying licenses creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.

Can I waive license terms or conditions?

Yes. You may always choose to waive some license terms or conditions. Material licensed under a CC license but with additional permissions granted or conditions waived may be compatibly licensed with other material under the same license. Our CC+ protocol provides a mechanism for facilitating that grant or waiver.

Can I enter into separate or supplemental agreements with users of my work?

Yes. CC licenses are nonexclusive. Licensors always have the option of entering into separate arrangements for the sharing of their material in addition to applying a CC license. However, those different arrangements are not “CC” or “Creative Commons” licenses.

Separate agreements: You may offer the licensed material under other licenses in addition to the CC license (a practice commonly referred to as “dual licensing”). For example, you may wish to license a video game soundtrack under both a CC license and the GPL, so that it may be used under either set of terms. A reuser may then choose which set of terms to comply with. Or, for example, you may offer your material to the public under a NonCommercial license, but offer commercial permissions to fee-paying customers.

Supplemental agreements: Problems arise when licensors design those terms or arrangements to serve not as separate, alternative licensing arrangements but as supplemental terms having the effect of changing the standard terms within the CC license. While you may offer separate terms and conditions to other parties, you should not do so in such a way that would neutralize terms of the CC license.

Except in the limited situation where more permissions are being granted or license conditions are waived, if the additional arrangement modifies or conflicts with the CC license terms, then the resulting licensing arrangement is no longer a CC licensing arrangement. To avoid confusing those who may mistakenly believe the work is licensed under standard CC terms, we must insist that in these instances licensors not use our trademarks, names, and logos in connection with their custom licensing arrangement.

It should be noted that any agreements you make with other parties only have an effect on the other parties to that agreement, and do not apply to anyone else receiving the licensed material. For example, if there are terms of use that apply to visitors to your website on which you host CC-licensed material, your terms of use may apply to visitors to that website, but not to anyone who receives copies of the CC-licensed material elsewhere. Even for the visitors to your website, any separate terms and conditions do not become part of the license—they remain a separate contractual agreement, and violation of this agreement does not constitute copyright infringement.

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

A CC license terminates automatically when its conditions are violated. For example, if a reuser of CC-licensed material does not provide the attribution required when sharing the work, then the user no longer has the right to continue using the material and may be liable for copyright infringement. The license is terminated for the user who violated the license. However, all other users still have a valid license, so long as they are in compliance.

Under the 4.0 licenses, a licensee automatically gets these rights back if she fixes the violation within 30 days of discovering it.

If you apply a Creative Commons license and a user violates the license conditions, you may opt to contact the person directly to ask them to rectify the situation or consult a lawyer to act on your behalf. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

As long as users abide by license terms and conditions, licensors cannot control how the material is used. However, CC licenses do provide several mechanisms that allow licensors to choose not to be associated with their material or to uses of their material with which they disagree.

First, all CC licenses prohibit using the attribution requirement to suggest that the licensor endorses or supports a particular use. Second, licensors may waive the attribution requirement, choosing not to be identified as the licensor, if they wish. Third, if the licensor does not like how the material has been modified or used, CC licenses require that the licensee remove the attribution information upon request. (In 3.0 and earlier, this is only a requirement for adaptations and collections; in 4.0, this also applies to the unmodified work.) Finally, anyone modifying licensed material must indicate that the original has been modified. This ensures that changes made to the original material–whether or not the licensor approves of them–are not attributed back to the licensor.

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

The use of any effective technical protection measures (such as digital rights management or “DRM”) by licensees to prevent others from exercising the licensed rights is prohibited.

Not all kinds of encryption or access limitations are prohibited by the licenses. For example, sending content via email and encrypting it with the recipient’s public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a particular set of users (for example, by requiring a username and password to enter a site) does not restrict further use of the content by the recipients. In these examples, these things do not prevent the recipient from exercising all of the rights granted by the license, including the right to redistribute it further.

If someone is applying effective technological measures to your CC-licensed material that do restrict exercise of the licensed rights (such as applying DRM that restricts copying), this is a violation of the license terms unless you have chosen to grant this permission separately.

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

No. CC licenses grant permission to use the licensed material in any media or format regardless of the format in which it has been made available. This is true even if you have applied a NoDerivatives license to your work. Once a CC license is applied to a work in one format or medium, a licensee may use the same work in any other format or medium without violating the licensor’s copyright.

What if I change my mind about using a CC license?

CC licenses are not revocable. Once something has been published under a CC license, licensees may continue using it according to the license terms for the duration of applicable copyright and similar rights. As a licensor, you may stop distributing under the CC license at any time, but anyone who has access to a copy of the material may continue to redistribute it under the CC license terms. While you cannot revoke the license, CC licenses do provide a mechanism for licensors to ask that others using their material remove the attribution information. You should think carefully before choosing a Creative Commons license.

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

CC offers six core licenses, each of which grants a different set of permissions. Before you use CC-licensed material, you should review the terms of the particular license to be sure your anticipated use is permitted. If you wish to use the work in a manner that is not permitted by the license, you should contact the rights holder (often the creator) to get permission first, or look for an alternative work that is licensed in a way that permits your anticipated use. Note that if you use material in a way that is not permitted by the applicable license and your use is not otherwise permitted by an applicable copyright exception or limitation, the license is automatically terminated and you may be liable for copyright infringement, even if you are eligible to have your rights reinstated later.

Before using material offered under a Creative Commons license, you should know that CC licenses only grant permissions needed under copyright and similar rights, and there may be additional rights you need to use it as intended. You should also understand that licensors do not offer warranties or guarantees about the material they are licensing unless expressly indicated otherwise. All materials are licensed “AS IS” and a disclaimer of warranties applies unless expressly provided otherwise. If you want to ask for a warranty or guarantee about rights to use the material, you should talk with the licensor before using it.

Does a Creative Commons license give me all the rights I need to use the work?

It depends. CC licenses do not license rights other than copyright and similar rights (which include sui generis database rights in version 4.0). For example, they do not license trademark or patent rights, or the publicity, personality, and privacy rights of third parties. However, licensors agree to waive or not assert any moral rights, publicity rights, personality rights, or privacy rights they themselves hold, to the limited extent necessary to allow exercise of the licensed rights. Any rights outside of the scope of the license may require clearance (i.e., permission) in order to use the work as you would like.

Additionally, creative works sometimes incorporate works owned by others (known as “third party content”), often used pursuant to a CC license or under an exception or limitation to copyright such as fair use in the U.S. You should make sure you have permission to use any third party content contained in the work you want to use, or that your use is otherwise allowed under the laws of your jurisdiction, particularly in cases such as fair use where your right to use the content depends on the particular context in which you plan to use it.

All CC licenses contain a disclaimer of warranties, meaning that the licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work. You may wish to obtain legal advice before using CC-licensed material if you are not sure whether you have all the rights you need.

What if there are sui generis database rights that apply to my use of a CC-licensed database?

In the somewhat limited circumstances where sui generis database rights apply to your use, special conditions apply and there are more specific considerations you should be aware of. Under 4.0, sui generis database rights are licensed alongside copyright, but the treatment in earlier versions of the license varies. A fuller explanation of these variations and related considerations is available in the Data FAQ.

Where can I find material offered under a CC license?

If you are looking for material offered under a Creative Commons license, CC Search is a good starting point. There is also a directory of organizations and individuals who use CC licenses. Some media sites, such as Flickr, have search filters for material licensed using CC’s licenses.

Be sure to confirm that the material you want to use is actually under a CC license, as search results may sometimes be misleading.

Are Creative Commons works really free to use?

Yes. While many if not most CC-licensed works are available at no cost, some licensors charge for initial access to CC-licensed works—for example, by publishing CC-licensed content only to subscribers, or by charging for downloads. However, even if you have paid an access charge, once you have a copy of CC-licensed material, you may make any further uses permitted by the license without paying licensing fees.

(If you wish to make uses that are not permitted by the license—for example, making a commercial use of an NC-licensed photo—the licensor may charge for those additional rights.)

What should I know about differences between the international licenses and the ported licenses?

As a licensee, you should always read and understand the relevant license’s legal code before using CC-licensed material, particularly if you are using material that is licensed using a ported license with which you are unfamiliar. Our porting process involved adapting the international licenses to the legal framework of different jurisdictions, and in that process slight adjustments may have been made that you should make yourself aware of in advance of using the material. You can find more information about the ported licenses in the Jurisdiction Database.

There are currently no ported versions of 4.0, and we expect there will be few, if any, in the future. All official translations of the 4.0 international licenses are equivalent: you may substitute one for another depending on your preferred language.

However, the ported versions of 3.0 and earlier sometimes contain small differences from the international license depending on the ways in which they have been adapted to their jurisdictions. For example, a handful of the ported licenses contain provisions specifying which laws will apply in the event the licensor chooses to enforce the license, and a few of the ported licenses contain forum selection clauses.

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Contact the rights holders to ask for permission. Otherwise, unless an exception or limitation to copyright applies, your use of the material may violate the Creative Commons license. If you violate the terms of the license, your rights to use the material will be automatically terminated, and you may be liable for copyright infringement.

Do I always have to comply with the license terms? If not, what are the exceptions?

You need to comply with the license terms if what you are doing would otherwise require permission from the rights holder. If your use would not require permission from the rights holder because it falls under an exception or limitation, such as fair use, or because the material has come into the public domain, the license does not apply, and you do not need to comply with its terms and conditions. Additionally, if you are using an excerpt small enough to be uncopyrightable, the license does not apply to your use, and you do not need to comply with its terms.

However, if you are using excerpts of CC-licensed material which individually are minimal and do not require license compliance, but together make up a significant copyrightable chunk, you must comply with the license terms. For example, if you quote many individual lines from a poem across several sections of a blog post, and your use is not a fair use, you must comply with the license even though no individual line would have been a substantial enough portion of the work to require this.

Attribution

How do I properly attribute material offered under a Creative Commons license?

All CC licenses require users to attribute the creator of licensed material, unless the creator has waived that requirement, not supplied a name, or asked that her name be removed. Additionally, you must retain a copyright notice, a link to the license (or to the deed), a license notice, a notice about the disclaimer of warranties, and a URI if reasonable. For versions prior to 4.0, you must also provide the title of the work. (Though it is not a requirement in 4.0, it is still recommended if one is supplied.)

You must also indicate if you have modified the work—for example, if you have taken an excerpt, or cropped a photo. (For versions prior to 4.0, this is only required if you have created an adaptation by contributing your own creative material, but it is recommended even when not required.) It is not necessary to note trivial alterations, such as correcting a typo or changing a font size. Finally, you must retain an indication of previous modifications to the work.

CC licenses have a flexible attribution requirement, so there is not necessarily one correct way to provide attribution. The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner. Additionally, you may satisfy the attribution requirement by providing a link to a place where the attribution information may be found.

While the attribution requirements in the license are the minimum requirement, we always recommend that you follow the best practices for the kind of use you are making. For example, if you are using scientific data marked with CC0, you are not required to give attribution at all, but we recommend that you give the same credit you would give to any other source—not because the license requires it, but because that is the standard for letting others know the source of the data.

The CC website offers some best practices to help you attribute properly, and the CC Australia team has developed a helpful guide to attributing CC-licensed material (.pdf) in different formats. Note that the attribution and marking requirements vary slightly among license versions. See here for a chart comparing the specific requirements.

Do I need to be aware of anything else when providing attribution?

Yes. You need to be careful not to imply any sponsorship, endorsement, or connection with the licensor or attribution party without their permission. Wrongfully implying that a creator, publisher, or anyone else endorses you or your use of a work may be unlawful. Creative Commons makes the obligation not to imply endorsement explicit in its licenses. In addition, if the licensor of a work requests that you remove the identifying credit, you must do so to the extent practical.

Additionally, when you are using a work that is an adaptation of one or more pre-existing works, you may need to give credit to the creator(s) of the pre-existing work(s), in addition to giving credit to the creator of the adaptation.

Do I always have to attribute the creator of the licensed material?

You must attribute the creator when you provide material to the public by any means that is restricted by copyright or similar rights. If you are using the material personally but are not making it or any adaptations of it available to others, you do not have to attribute the licensor. Similarly, if you are only distributing the material or adaptations of it within your company or organization, you do not have to comply with the attribution requirement. Learn more about when compliance with the license is not required.

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such.

Can I take a CC-licensed work and use it in a different format?

Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.

This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work.

How do I know if a low-resolution photo and a high-resolution photo are the same work?

As with most copyright questions, it will depend on applicable law. Generally, to be different works under copyright law, there must be expressive or original choices made that make one work a separate and distinct work from another. The determination depends on the standards for copyright in the relevant jurisdiction.

Under U.S. copyright law, for example, mechanical reproduction of a work into a different format is unlikely to create a separate, new work. Consequently, digitally enhancing or changing the format of a work absent some originality, such as expressive choices made in the enhancement or encoding, will not likely create a separate work for copyright purposes. The creative bar is low, but it is not non-existent. Accordingly, in some jurisdictions releasing a photograph under a CC license will give the public permission to reuse the photograph in a different resolution.

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

The NoDerivs licenses (BY-ND and BY-NC-ND) prohibit reusers from creating adaptations. What constitutes an adaptation, otherwise known as a derivative work, varies slightly based on the law of the relevant jurisdiction.

Incorporating an unaltered excerpt from an ND-licensed work into a larger work only creates an adaptation if the larger work can be said to be built upon and derived from the work from which the excerpt was taken. Generally, no derivative work is made of the original from which the excerpt was taken when the excerpt is used to illuminate an idea or provide an example in another larger work. Instead, only the reproduction right of the original copyright holder is being exercised by person reusing the excerpt. All CC licenses grant the right to reproduce a CC-licensed work for noncommercial purposes (at a minimum). For example, a person could make copies of one chapter of an ND-licensed book and not be in violation of the license so long as other conditions of the license are met.

There are exceptions to that general rule, however, when the excerpts are combined with other material in a way that creates some new version of the original from which the excerpt is taken. For example, if a portion of a song was used as part of a new song, that may rise to the level of creating an adaptation of the original song, even though only a portion of it was used and even if that portion was used as-is.

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

No. When you receive material under a Creative Commons license, you may not place additional terms and conditions on the reuse of the work. This includes using effective technological measures (ETMs) that would restrict a licensee’s ability to exercise the licensed rights.

A technological measure is considered an ETM if circumventing it carries penalties under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements. Generally, this means that the anti-circumvention laws of various jurisdictions would cover attempts to break it.

For example, if you remix a CC-licensed song, and you wish to share it on a music site that places digital copy-restriction on all uploaded files, you may not do this without express permission from the licensor. However, if you upload that same file to your own site or any other site that does not apply DRM to the file, and a listener chooses to stream it through an app that applies DRM, you have not violated the license.

Note that merely converting material into a different format that is difficult to access or is only available for certain platforms does not violate the restriction; you may do this without violating the license terms.

Can I share CC-licensed material on password-protected sites?

Yes. This is not considered to be a prohibited measure, so long as the protection is merely limiting who may access the content, and does not restrict the authorized recipients from exercising the licensed rights. For example, you may post material under any CC license on a site restricted to members of a certain school, or to paying customers, but you may not place effective technological measures (including DRM) on the files that prevents them from sharing the material elsewhere.

(Note that charging for access may not be permitted with NC-licensed material; however, it is not disallowed by the restriction on ETMs.)

Can I share CC-licensed material on file-sharing networks?

Yes. All CC licenses allow redistribution of the unmodified material by any means, including distribution via file-sharing networks. Note that file-trading is expressly considered to be noncommercial for purposes of compliance with the NC licenses. Barter of NC-licensed material for other items of value is not permitted.

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

If you have received material under a CC license that is encumbered with effective technological measures (such as digital rights management or DRM), you may or may not be permitted to break it, depending on the circumstances. By releasing material under a CC license, the licensor agrees not to assert any rights she may have to prevent the circumvention of effective technological measures. (Under the 3.0 and earlier licenses, this is implied but not explicit.) However, if she has uploaded it to a site or other distribution channel that itself applies such measures, that site may have the right to prevent you from breaking them, even though the licensor herself cannot do so.

Note that anti-circumvention laws can impose criminal liability in some jurisdictions.

What if I have received CC-licensed material with additional restrictions?

It is possible that CC-licensed material will appear on platforms that impose terms in addition to the copyright license (though Creative Commons strongly discourages restrictions that interfere with exercise of the licensed rights). These additional terms do not form part of the license for the work. For example, if you download CC-licensed material from a site that does not permit downloading, you may be breaking the terms of use of the site, but you are not infringing the CC license. See our guide to Modifying the CC licenses for more guidance and information.

Combining and adapting CC material

When is my use considered an adaptation?

Whether a modification of licensed material is considered an adaptation for the purpose of CC licenses depends primarily on the applicable copyright law. Copyright law reserves to an original creator the right to create adaptations of the original work. CC licenses that allow for adaptations to be shared—all except BY-ND and BY-NC-ND—grant permission to others to create and redistribute adaptations when doing so would otherwise constitute a violation of applicable copyright law. Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable, such as a translation of a novel from one language to another, or the creation of a screenplay based on a novel.

Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation, whether or not it would be considered so under applicable law. Also, under version 4.0, certain uses of databases restricted by sui generis database rights also constitute adaptations (called “Adapted Material” in the 4.0 licenses), whether or not they would be considered adaptations under copyright law. For more details about adaptations in the database context, see the Data FAQ.

Note that all CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license.

Note on terminology: throughout these FAQs, we use the term “remix” interchangeably with “adapt.” Both are designed to mean doing something that constitutes an adaptation under copyright law.

Can I combine material under different Creative Commons licenses in my work?

It depends. The first question to ask is whether doing so constitutes an adaptation. If the combination does not create an adaptation, then you may combine any CC-licensed content so long as you provide attribution and comply with the NonCommercial restriction if it applies. If you want to combine material in a way that results in the creation of an adaptation (i.e. a “remix”), then you must pay attention to the particular license that applies to the content you want to combine.

The NoDerivatives licenses do not permit remixing except for private use (the pre-4.0 licenses do not permit remixing at all, except as allowed by exceptions and limitations to copyright). All the other CC licenses allow remixes, but may impose limitations or conditions on how the remix may be used. For example, if you create a remix with material licensed under a ShareAlike license, you need to make sure that all of the material contributed to the remix is licensed under the same license or one that CC has named as compatible, and you must properly credit all of the sources with the required attribution and license information. Similarly, if you want to use a remix for commercial purposes, you cannot incorporate material released under one of the NonCommercial licenses.

The chart below shows which CC-licensed material can be remixed. To use the chart, find a license on the left column and on the top right row. If there is a check mark in the box where that row and column intersect, then the works can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies. See below for details on how remixes may be licensed.

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If you make adaptations of material under a CC license (i.e. “remix”), the original CC license always applies to the material you are adapting even once adapted. The license you may choose for your own contribution (called your “adapter’s license”) depends on which license applies to the original material. Recipients of the adaptation must comply with both the CC license on the original and your adapter’s license.

  • BY and BY-NC material

When remixing BY or BY-NC material, it is generally recommended that your adapter’s license include at least the same license elements as the license applied to the original material. This eases reuse for downstream users because they are able to satisfy both licenses by complying with the adapter’s license. For example, if you adapt material licensed under BY-NC, your adapter’s license should also contain the NC restriction. See the chart below for more details.

  • BY-SA and BY-NC-SA material

In general, when remixing ShareAlike content, your adapter’s license must be the same license as the license on the material you are adapting. All licenses after version 1.0 also allow you to license your contributions under a later version of the same license, and some also allow ported licenses. (See the license versions page for details.) If you wish to adapt material under BY-SA or BY-NC-SA and release your contributions under a non-CC license, you should visit the Compatibility page to see which options are allowed.

  • BY-ND and BY-NC-ND material

The BY-ND and BY-NC-ND licenses do not permit distribution of adaptations (also known as remixes or derivative works), and prohibits the creation of adaptations under the pre-4.0 versions of those licenses. Since you may not share remixes of these materials at all, there is no compatibility with other licenses. (Note that the ND licenses do allow you to reproduce the material in unmodified form together with other material in a collection, as indicated in the next FAQ.)

  • Adapter’s license chart

The chart below details the CC license(s) you may use as your adapter’s license. When creating an adaptation of material under the license identified in the lefthand column, you may license your contributions to the adaptation under one of the licenses indicated on the top row if the corresponding box is green. CC does not recommend using a license if the corresponding box is yellow, although doing so is technically permitted by the terms of the license. If you do, you should take additional care to mark the adaptation as involving multiple copyrights under different terms so that downstream users are aware of their obligations to comply with the licenses from all rights holders. Dark gray boxes indicate those licenses that you may not use as your adapter’s license.

Adapter’s license chart Adapter’s license
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work PD              
BY              
BY-NC              
BY-NC-ND              
BY-NC-SA              
BY-ND              
BY-SA              
Abbreviation Key

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

All Creative Commons licenses (including the version 4.0 licenses) allow licensed material to be included in collections such as anthologies, encyclopedias, and broadcasts. You may choose a license for the collection, however this does not change the license applicable to the original material.

When you include CC-licensed content in a collection, you still must adhere to the license conditions governing your use of the material incorporated. For example, material under any of the Creative Commons NonCommercial licenses cannot be used commercially. The table below indicates what type of CC-licensed works you may incorporate into collections licensed for commercial and noncommercial uses.

Original Work Commercial Collection (BY, BY-SA, BY-ND) NonCommercial Collection (BY-NC, BY-NC-SA, BY-NC-ND)
PD    
BY    
BY-NC    
BY-NC-ND    
BY-NC-SA    
BY-ND    
BY-SA    

License termination

When do Creative Commons licenses expire?

Creative Commons licenses expire when the underlying copyright and similar rights expire.

Note that the relevant rights may expire at different times. For example, you may have a CC-licensed song where the rights in the musical arrangement expire before the rights in the lyrics. In this case, when the copyright in the music expires, you may use it without being required to comply with the conditions of the CC license; however, you must still comply with the license if you use the lyrics.

What happens if the author decides to revoke the CC license to material I am using?

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms. Of course, you may choose to respect the licensor’s wishes and stop using the work.

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

All of the CC licenses terminate if you fail to follow the license conditions. If this happens, you no longer have a license to use the material.

In the 4.0 licenses, your rights under the license are automatically reinstated if you correct this failure within 30 days of discovering the violation (either on your own or because the licensor or someone else has told you). Under the 3.0 and earlier licenses, there is no automatic reinstatement.

If you have lost your rights under a CC license and are not entitled to automatic reinstatement, you may regain your rights under the license if the licensor expressly grants you permission. You cannot simply re-download the material to get a new license.

Note that you may still be liable for damages for copyright infringement for the period where you were not in compliance with the license.

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

The Creative Commons licenses have three layers, as does the CC0 public domain dedication: the human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The Public Domain Mark is not legally operative, and so has only two layers: the human-readable mark and machine-readable metadata.

When material is licensed using any of the CC licenses or tools, it is highly recommended that a CC button, text, or other marker somehow accompany it. There are many possible modes for marking. For our licenses, people generally use the CC license chooser to generate HTML code that can be pasted into the webpage where the licensed material is published. CC0 and the Public Domain Mark have a separate chooser. Many platforms and web services such as Flickr and Drupal support CC licensing directly, allowing you to select an appropriate license. The service then properly marks the work for you.

CC has published some best practices for marking your CC-licensed material, and recommends:

  • Including a visual indicator (some combination of text and images) that the work is licensed with one of the CC licenses.
  • Clearly indicating what material is covered under the CC license, especially if it’s presented alongside non-licensed materials.
  • Including a link to the human-readable deed (which itself contains a link to the legal code).
  • Embedding machine-readable metadata in the code of the license indicator or code of the licensed page.

See the marking page for more details.

What does it mean that Creative Commons licenses are “machine-readable”?

Creative Commons has specified CC REL as a way to associate machine-readable licensing metadata with objects offered under CC licenses.

Before Creative Commons developed this vocabulary, it was difficult for a machine to ascertain whether an object was marked with a CC license. There was also no standard, predictable place to house metadata about that license (for example, the source URL of the work or the required mode of attribution).

Machine-readable metadata based on well-accepted metadata standards creates a platform upon which new services and applications can be built. Software and services can detect CC licenses and the details of that license, as described by the metadata. For example, on many websites and search engines such as Google and Flickr, you can run filtered searches for works offered under specific CC licenses. In addition, CC license deeds can automatically create copy-and-paste attribution code so users may easily comply with the BY condition of the licenses. When you click on a CC license or button from a page with license metadata, you get copy-and-paste attribution HTML within that license deed page. That HTML is based on available RDFa metadata in the original material.

All HTML provided by the CC license chooser is automatically annotated with metadata in RDFa format.

What is RDFa?

RDFa is a method for embedding structured data in a web page. For more information about RDFa, see the following resources:

What is CC REL and why does Creative Commons recommend it?

Creative Commons Rights Expression Language (CC REL) renders information about licenses and works machine-readable through standards that define the semantic web. Creative Commons wants to make it easy for creators and scientists to build upon the works of others when they choose; licensing your work for reuse and finding properly licensed works to reuse should be easy. CC recommends that you mark your licensed works with CC REL. The Creative Commons license chooser provides HTML annotated with CC REL, while the Creative Commons deeds recognize CC REL on web pages with works offered under a CC license, and use this metadata to enhance the deed for properly marked-up works, e.g., by providing copy and paste HTML that includes work attribution.

For more background information on CC REL, please refer to this paper.

What does it mean for a search engine to be CC-enabled?

Some search engines (like Google) allow people to filter their search results by usage rights so that you can limit your search results according to the particular CC license you seek. For example, if you are looking for a photo to adapt, you can filter your search to return photos that have a CC license that permits creation of adaptations. You can generally find this search feature on the advanced search page of your selected search engine. You can also use CC Search, which offers a convenient interface to search and a list of those content providers that support searches for content based on usage rights.

Please note, however, that you should always double check to make sure that the work you locate through a search is licensed as you wish.

How do I give users of my site the option to use CC licensing like Flickr does?

Creative Commons provides tools for integrating license selection with your site. You can find an overview at the Web Integration article on the CC wiki. The Partner Interface is a good way to get started and will always have the most up-to-date license versions and translations. However, there is also an API available if you want more control.

How can I change or remove the Creative Commons search option built into the Firefox browser?

Mozilla has included the Creative Commons search function in many versions of Firefox along with search options for Google, Amazon, and other popular sites. Please take a look at the Firefox article on the CC wiki for an explanation of how to change these features.

If you want to add or remove a particular search option, click on the logo in the search box (for example, the CC logo or the Google logo). This will open the pull down menu, which will allow you to select different search providers. If you choose “Manage Search Engines,” you will be able to add or remove search engines. You can also alter the order in which the search providers appear on the pull down menu.

Is Creative Commons involved in digital rights management (DRM)?

No. CC licenses are a form of rights expression, not rights management. CC provides tools to make it easier for creators and owners to say which rights they reserve and permissions they grant. This is different from digital rights management (or “DRM”), which uses technological protection measures to prevent people from using the work in a way that the owner has not permitted.

CC licenses contain language prohibiting licensees from the use of effective technological measures (including DRM) to prevent access to licensed material: ”You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any such recipient.”

While licensors may apply effective technological measures (ETMs) to their own materials, the licensor provides a limited permission to circumvent these measures: “The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures.” Note that this only applies to effective technological measures applied by licensors themselves: third parties such as distribution platforms may still apply ETMs if the licensor uploads there, and the license is not able to grant you permission to circumvent it.

Copyright law grants exclusive rights to creators of original works of authorship. National laws usually extend protections to such works automatically once fixed in a tangible medium, prohibiting the making of copies without the rights holder’s permission, among other things. On the internet, even the most basic activities involve making copies of copyrighted content. As content is increasingly uploaded, downloaded, and shared online, copyright law is becoming more relevant to more people than it was 20 years ago. Unfortunately, infringing copyrights—even unintentionally or unknowingly—can lead to liability. Successful navigation of the internet requires some understanding of copyright law.

What is the public domain?

The public domain of copyright refers to the aggregate of those works that are not restricted by copyright within a given jurisdiction. A work may be part of the public domain because the applicable term of copyright has expired, because the rights holder surrendered copyright in the work with a tool like CC0, or because the work did not meet the applicable standards for copyrightability.

Because the public domain depends on the copyright laws in force within a particular territory, sometimes a work may be considered “in the public domain” of one jurisdiction, but not in another. For example, U.S. government works are automatically in the public domain under U.S. copyright law, but might be restricted by copyright in other countries.

The Public Domain Manifesto, the University Libraries page, and the CC0 FAQs all contain additional information about the public domain.

Copyright in most jurisdictions attaches automatically without need for any formality once a creative work is fixed in tangible form (i.e. the minute you put pen to paper, take a photo, or hit the “save” button on your computer).

In some jurisdictions, creators may be required to register with a national agency in order to enforce copyright in court. If you would like more information, please consult the Berne Convention or your jurisdiction’s copyright law.

Although you do not have to apply a copyright notice for your work to be protected, it may be a useful tool to clearly signal to people that the work is yours. It also tells the public who to contact about the work.

What is an adaptation?

An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.

In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter’s personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil’s copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction’s copyright law for more information.

What are moral rights?

Copyright laws in many jurisdictions around the world grant creators “moral rights” in addition to the economic or commercial right to exploit their creative works. Moral rights protect the personal and reputational value of a work for its creator. Moral rights differ by country, and can include the right of attribution, the right to have a work published anonymously or pseudonymously, and/or the right to the integrity of the work. The moral right of integrity may provide creators with a source for redress if an adaptation represents derogatory treatment of their work, typically defined as “distortion or mutilation” of the work or treatment that is “prejudicial to the honor, or reputation of the author.” Not all jurisdictions provide for moral rights.

The CC licenses are intended to minimize the effect of moral rights on a licensee’s ability to use licensed material; however, in some jurisdictions, these rights may still have an effect. CC offers some additional information on how CC licenses may affect your moral rights.

What are neighboring rights?

Copyright provides an incentive to create works by providing exclusive rights to creators. However, the distribution or exploitation of a work often involves more than just the creator. For example, if someone writes a song, someone else may perform the song, and another may produce the recording of the song. Some jurisdictions extend copyright to the contributions made by these persons; other jurisdictions extend such exclusive rights in the form of neighboring rights. Neighboring rights may include performers’ rights or broadcasters’ rights, among others. The Rome Convention sets forth some guidelines on the scope of neighboring rights. Not all jurisdictions recognize neighboring rights.

What are sui generis database rights?

Sui generis database rights grant qualifying database makers the right to prohibit the extraction and reuse of a substantial portion of a database. The rights are granted to database makers that make a substantial investment of time and resources to create the database. Sui generis database rights are primarily enacted within the European Union and a handful of other jurisdictions.

What are collecting societies?

Collecting societies are copyright management organizations. Some examples of collecting societies include ASCAP and BMI (United States), BUMA/STEMRA (Netherlands), PRS (United Kingdom), and APRA (Australia). These societies license works on behalf of their owners and process royalty payments from parties using the copyrighted works.

CC offers additional information on how collecting societies might affect your rights and your ability to apply CC licenses to your work. CC has several pilots underway with collecting societies that have chosen to allow their members to use CC licenses on a limited basis.

What are publicity, personality, and privacy rights?

These terms are used differently in different jurisdictions. Generally speaking, these rights allow individuals to control the use of their voice, image, likeness, or other identifiable aspect of their identity, especially for purposes of commercial exploitation. Similarly, in some jurisdictions these rights allow people to restrict others’ ability to publish information about them without their permission. Whether and to what extent these rights exist, and if so, how they are labeled, varies depending on the jurisdiction.

Creative Commons licenses have a limited effect on these rights where the licensor holds them. Where the licensor has publicity, personality, or privacy rights that may affect your ability to use the material as the license intends, the licensor agrees to waive or not assert those rights. However, any such rights not held by the licensor are not affected and may still affect your desired use of a licensed work. If you have created a work or wish to use a work that might in some way implicate these rights, you may need to obtain permission from the individuals whose rights may be affected.

Data

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

: Uses of CC Licenses with Data and Databases : Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker’s investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [marking page]https://wiki.creativecommons.org/wiki/Marking_your_work_with_a_CC_license “wikilink”) for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights–but not copyright–are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.1 These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker’s substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Artificial intelligence and CC licenses

What are the limits on how CC-licensed works can be used in the development of new technologies, such as training of artificial intelligence software?

The licenses grant permission for reuse in any situation that requires permission under copyright. There are many ways in which CC-licensed work works and even all rights reserved works can be reused without permission. This includes uses that are fair uses, for example.

If someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected. This is one of the enduring qualities of our licenses — they have been carefully designed to work with all new technologies where copyright comes into play. No special or explicit permission regarding new technologies from a copyright perspective is required.

But what about privacy laws, rules governing ethical research, and data protection laws?

CC’s copyright licenses are not universal policy tools. Copyright is the primary obstacle to reuse that our licenses solve, but there are many other issues related to the reuse of content that our licenses do not address and that reusers should be aware of. These can include privacy and rules governing ethical research and the collection or use of data, which have to be addressed and respected separate and apart from the copyright issues that CC licenses cover.

What attribution obligations exist when CC-licensed images are included in a published dataset? Is linking to the original image or URI required, and if so, is it adequate?

It depends. First, keep in mind that CC licenses never limit uses that copyright doesn’t control. For example, as a general matter text and data mining in the United States is considered a fair use and does not require permission under copyright. This means that reusers engaged in text and data mining do not have to adhere to the marking and attribution requirements in our licenses for that activity even though we strongly recommend they do so anyway. A second example is linking. In some countries, linking to copyrighted content doesn’t require permission under copyright law, which means the CC license obligations do not come into play even though the linked content is CC-licensed.

Where a CC-licensed work is distributed as part of a database or dataset, and assuming copyright (or in the European Union, copyright or sui generis database rights) is triggered, then the license conditions must be respected. This means providing the required attribution information in a way that is reasonable under the circumstances. Our licenses allow for some flexibility, and in some cases that may be as simple as providing a link to the website where the relevant attribution information is provided. Visit our marking practices page for more information.

If a for-profit company uses CC-licensed content under a Non Commercial license and releases the work under terms that allow only research purposes, is the NC restriction violated?

This depends on whether any of the uses made of the works by the company, whether for profit or non profit, are primarily intended for commercial advantage or monetary compensation. This is hard to know without having all of the facts about how a work was used, whether internally by the company for its own purposes or how the work was distributed for further use. Visit our NC page for more information about what constitutes commercial and non commercial uses of works.

If NC-licensed content is redistributed to the public under an NC license, that distribution would not violate the NC clause. (Note that CC strongly discourages the use of any license terms other than a CC NC license for redistributions of NC-licensed content.)

If CC SA-licensed content is included in a database, does the entire database have to be licensed under an SA license?

CC licenses never require a reuser of a CC-licensed work to make the original work or resulting works (collections, derivatives, etc.) publicly available. There are lots of private reuses of works that are permitted by CC’s licenses that do not require compliance with their terms. Regarding ShareAlike, the condition only applies if a work is modified and if the work is shared publicly. In the situation where a reuser created a dataset of photos and made it publicly available, and assuming copyright permission is required, then what is released is likely a collection or compilation of pre-existing works. CC licenses do not require the collection or the compilation itself to be made available under an SA license, even though each individual work is still licensed individually under an SA license and if they were modified by the distributor the modified photo would need to be licensed under the same terms. For example, were Creative Commons to compile photographs from a photo sharing website under a BY-SA 2.0 license and create a database that it then publicly distributed, CC could license the collection as a whole under a BY license, but the photographs would continue to be licensed under BY-SA 2.0.

What, if any, remedies, do users have if they dislike how their photos or images have been reused?

Several remedies are potentially available. Some may be available if the CC license terms have been violated, and others may be available through other, separate avenues because they involve other laws or regulations that the CC licenses do not cover. It’s important to remember, however, that absent a violation of the license the permissions granted under the license remain in place and cannot be revoked.

  • Under the CC licenses, even if a license condition has not been violated licensors can ask that attribution to them be removed so they can distance themselves from the reuse.
  • For violations of a CC license term where the license was required (not a fair use, etc.) then you may have a claim for copyright infringement. Fortunately, in the CC community most license violations are handled amicably without resorting to the courts.
  • For claims involving laws and regulations other than copyright, recourse may be available depending on your local laws.

An important starting point for any would-be sharer of content under a CC license is to educate yourself in advance about how they work and what rights they do and do not cover. We have many FAQs on our website. We also provide human-readable deeds with links to the full text of our licenses. Additionally, all of our licenses highlight at the beginning many considerations that licensors should have in mind before they license, and considerations for reusers of works before they do so in order to avoid inadvertent violations.

Notes

  1. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).↩

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Creative Commons > Blog

News

EU copyright directive moves into critical final stage

In September 2018 the European Parliament voted to approve drastic changes to copyright law that would negatively affect creativity, freedom of expression, research, and sharing across the EU. Over the last few months the Parliament, Commission, and Council (representing the Member State governments) were engaged in secret talks to come up with a reconciled version … Read More “EU copyright directive moves into critical final stage”

Policy / advocacy / copyright reform
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Is it possible to decolonize the Commons? An interview with Jane Anderson of Local Contexts

Joining us at the Creative Commons Global Summit in 2018, NYU professor and legal scholar Jane Anderson presented the collaborative project “Local Contexts,” “an initiative to support Native, First Nations, Aboriginal, Inuit, Metis and Indigenous communities in the management of their intellectual property and cultural heritage specifically within the digital environment.”

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majd

Openness, Mapping, Democracy, and Reclaiming Narrative: Majd Al-shihabi in conversation

Majd Al-shihabi, the inaugural Bassel Khartabil Free Culture Fellow, is a Palestinian-Syrian systems design engineer focusing on the role of technology in urban systems and policy design. He is passionate about development, access to knowledge, user centered design, and the internet, and experiments with implementing tools and infrastructures that catalyze social change. He studied engineering at … Read More “Openness, Mapping, Democracy, and Reclaiming Narrative: Majd Al-shihabi in conversation”

Arts / culture
#####EOF##### Terms of Use - Creative Commons
Creative Commons > Terms of Use

Terms of Use

Creative Commons Master Terms of Use

Effective as of 25 May 2018

1. General Information Regarding These Terms of Use

Master terms: Welcome, and thank you for your interest in Creative Commons (“Creative Commons,” “CC,” “we,” “our,” or “us”). Unless otherwise noted on a particular site or service, these master terms of use (“Master Terms”) apply to your use of all of the websites that Creative Commons Corporation operates. These include https://creativecommons.org, https://wiki.creativecommons.org, https://network.creativecommons.org, https://search.creativecommons.org, https://labs.creativecommons.org, http://openpolicynetwork.org, http://open4us.org, https://rightsback.org, http://teamopen.cc, and http://thepowerofopen.org, together with all other subdomains thereof, (collectively, the “Websites”). The Master Terms also apply to all products, information, and services provided through the Websites, including without limitation the license chooser, legal tools, the CCID service available at https://login.creativecommons.org/login (“CC Login Service”), and the CC Global Network community website (together with the Websites, the “Services”).

Creative Commons does not operate the website at http://ccmixter.org.

Additional terms: In addition to the Master Terms, your use of any Services may also be subject to specific terms applicable to a particular Service (“Additional Terms”). If there is any conflict between the Additional Terms and the Master Terms, then the Additional Terms apply in relation to the relevant Service.

Collectively, the Terms: The Master Terms, together with any Additional Terms, form a binding legal agreement between you and Creative Commons in relation to your use of the Services. Collectively, this legal agreement is referred to below as the “Terms.”

Human-readable summary of Sec 1: These terms, together with any special terms for particular websites, create a contract between you and Creative Commons. The contract governs your use of all websites operated by Creative Commons, unless a particular website indicates otherwise. These human-readable summaries of each section are not part of the contract, but are intended to help you understand its terms.

2. Your Agreement to the Terms

BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING OR USING ANY OF THE SERVICES (INCLUDING THE LICENSES, PUBLIC DOMAIN TOOLS, AND CHOOSERS), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By clicking “I ACCEPT” or otherwise accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the Services on behalf of that entity.

Human-readable summary of Sec 2: Please read these terms and only use our sites and services if you agree to them.

3. Changes to the Terms

From time to time, Creative Commons may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Website(s) and notify those of you with a current CC Login Service account via email. All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.

Human-readable summary of Sec 3: These terms may change. When the changes are important, we will put a notice on the website. If you continue to use the sites after the changes are made, you agree to the changes.

Creative Commons is not a law firm, does not provide legal advice, and is not a substitute for a law firm. Sending us an email or using any of the Services, including the licenses, public domain tools, and choosers, does not constitute legal advice or create an attorney-client relationship.

Human-readable summary of Sec 4: Some of us are lawyers, but we aren’t your lawyer. Please consult your own attorney if you need legal advice.

5. Content Available through the Services

Provided as-is: You acknowledge that Creative Commons does not make any representations or warranties about the material, data, and information, such as data files, text, computer software, code, music, audio files or other sounds, photographs, videos, or other images (collectively, the “Content”) which you may have access to as part of, or through your use of, the Services. Under no circumstances is Creative Commons liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable.

You agree that you are solely responsible for your reuse of Content made available through the Services, including providing proper attribution. You should review the terms of the applicable license before you use the Content so that you know what you can and cannot do.

Licensing: CC-Owned Content: Other than the text of Creative Commons licenses, CC0, and other legal tools and the text of the deeds for all legal tools (all of which are made available under the CC0 Public Domain Dedication), Creative Commons trademarks (subject to the Trademark Policy), and the software code, all Content on the Websites is licensed under the Creative Commons Attribution 4.0 license, unless otherwise marked. See the CC Policies page for more information.

CC-Owned Code: All of CC’s software code is free software; please check our code repository for the specific license on software you want to reuse.

Search Tools: On some of its Websites, Creative Commons provides website search tools, including CC Search, which return Content based on any license information our search tools are able to locate and interpret. Those search tools may return Content that is not CC licensed, and you should independently verify the terms of the license attached to any Content you intend to use.

Human-readable summary of Sec 5: We try our best to have useful information on our sites, but we cannot promise that everything is accurate or appropriate for your situation. Content on the site is licensed under CC BY 4.0 unless it says it is available under different terms. If you find content through a link on our websites, be sure to check the license terms before using it.

6. Content Supplied by You

Your responsibility: You represent, warrant, and agree that no Content posted or otherwise shared by you on or through any of the Services (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.

Licensing Your Content: You retain any copyright that you may have in Your Content. You hereby agree that Your Content: (a) is hereby licensed under the Creative Commons Attribution 4.0 License and may be used under the terms of that license or any later version of a Creative Commons Attribution License, or (b) is in the public domain (such as Content that is not copyrightable or Content you make available under CC0), or (c) if not owned by you, (i) is available under a Creative Commons Attribution 4.0 License or (ii) is a media file that is available under any Creative Commons license or that you are authorized by law to post or share through any of the Services, such as under the fair use doctrine, and that is prominently marked as being subject to third party copyright. All of Your Content must be appropriately marked with licensing (or other permission status such as fair use) and attribution information.

Removal: Creative Commons may, but is not obligated to, review Your Content and may delete or remove Your Content (without notice) from any of the Services in its sole discretion. Removal of any of Your Content from the Services (by you or Creative Commons) does not impact any rights you granted in Your Content under the terms of a Creative Commons license.

Human-readable summary of Sec 6: We do not take any ownership of your content when you post it on our sites. If you post content you own, you agree it can be used under the terms of CC BY 4.0 or any future version of that license. If you do not own the content, then you should not post it unless it is in the public domain or licensed CC BY 4.0, except that you may also post pictures and videos if you are authorized to use them under law (e.g., fair use) or if they are available under any CC license. You must note that information on the file when you upload it. You are responsible for any content you upload to our sites.

7. Participating in the CCGN and Community: Registered Users

By registering for an account through any of the Services, including securing a CC Login Service account, or applying for membership to the CCGN, you represent and warrant that you are the age of majority in your jurisdiction (typically age 18). Services offered to registered users are provided subject to these Master Terms, the CC Privacy Policy, and any Additional Terms specified on the relevant Website(s), all of which are hereby incorporated by reference into these Terms.

Registration: You agree to (a) only provide accurate and current information about yourself (though use of an alias or nickname in lieu of your legal name is encouraged in connection with the CC Login Service), (b) maintain the security of your passwords and identification, (c) promptly update the email address listed in connection with your account to keep it accurate so that we can contact you, and (d) be fully responsible for all uses of your account. You must not set up an account on behalf of another individual or entity unless you are authorized to do so.

No Membership in CC: Creating a CC Login Service account or using any of the related Websites or Services, including becoming a member of the CCGN, does not and shall not be deemed to make you a member, shareholder or affiliate of Creative Commons for any purposes whatsoever, nor shall you have any of the rights of statutory members as defined in Sections 2(3) and 3 of Chapter 180 of the General Laws of Massachusetts or any other law.

Termination: Creative Commons reserves the right to modify or discontinue your account or your membership in the CCGN at any time for any reason or no reason at all.

Human-readable summary of Sec 7: Please do not register for an account on our sites unless you are 18 years old. CC has the right to end your account at any time. You are responsible for use of your account. And of course, please do not set up an account for someone else unless you have permission to do so. Setting up an account doesn’t make you a member of CC.

8. Prohibited Conduct

You agree not to engage in any of the following activities:

1. Violating laws and rights:

  • You may not (a) use any Service for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

2. Solicitation:

  • You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.

3. Disruption:

  • You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.

4. Harming others:

  • You may not post or transmit Content on or through the Services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;
  • You may not intimidate or harass another through the Services; and, you may not post or transmit any personally identifiable information about persons under 13 years of age on or through the Services.

5. Impersonation or unauthorized access:

  • You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services;
  • You may not use or attempt to use another’s account or personal information without authorization; and
  • You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means.

Human-readable summary of Sec 8: Play nice. Be yourself. Don’t break the law or be disruptive.

9. Creative Commons Global Network (“CCGN”)

By submitting your application to become a member of the CCGN at network.creativecommons.org, you acknowledge that you have read, understood, and, in the event you are accepted for membership, agree to be bound by the CCGN Charter, including the Code of Conduct and the policies referenced and incorporated therein. If you are admitted to the CCGN, these terms and the CCGN Charter shall govern your use of and participation in the CCGN, including your participation in any forum operated by the CCGN, such as platforms, chapters, and working groups. Note that your participation in such fora may also be governed by additional rules and guidelines for doing so. Please see CC’s Privacy Policy for more information about how your information (as an applicant, member, and voucher) will be used.

Human-readable summary of Sec 9: When you join the CCGN, you agree to certain policies. Please read them before you apply. 

10. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CREATIVE COMMONS OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CREATIVE COMMONS DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY CC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CREATIVE COMMONS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

Human-readable summary of Sec 10: CC does not make any guarantees about the sites, services, or content available on the sites.

11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CREATIVE COMMONS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF CREATIVE COMMONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CREATIVE COMMONS IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.

Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Human-readable summary of Sec 11: CC is not responsible for the content on the sites, your use of our services, or for the conduct of others on our sites.

12. Indemnification

To the extent authorized by law, you agree to indemnify and hold harmless Creative Commons, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use of any of the Services, and/or (c) the Content you make available on any of the Services.

Human-readable summary of Sec 12: If something happens because you violate these terms, because of your use of the services, or because of the content you post on the sites, you agree to repay CC for the damage it causes.

13. Privacy Policy

Creative Commons is committed to responsibly handling the information and data we collect through our Services in compliance with our Privacy Policy, which is incorporated by reference into these Master Terms. Please review the Privacy Policy so you are aware of how we collect and use your personal information.

Human-readable summary of Sec 13: Please read our Privacy Policy. It is part of these terms, too.

14. Trademark Policy

CC’s name, logos, icons, and other trademarks may only be used in accordance with our Trademark Policy, which is incorporated by reference into these Master Terms. Please review the Trademark Policy so you understand how CC’s trademarks may be used.

Human-readable summary of Sec 14: Please read our Trademark Policy. It is part of these terms, too.

Creative Commons respects copyright, and we prohibit users of the Services from submitting, uploading, posting, or otherwise transmitting any Content on the Services that violates another person’s proprietary rights.

To report allegedly infringing Content hosted on a website owned or controlled by CC, send a Notice of Infringing Materials as set out in CC’s Digital Millennium Copyright Act (“DMCA”) Notice & Takedown Procedure.

Please note that Creative Commons does not host the Content made available through CC Search. You should contact the web site or service hosting the Content to have it removed.

Human-readable summary of Sec 15: Please let us know if you find infringing content on our websites.

16. Termination

By Creative Commons: Creative Commons may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by Creative Commons at any time and for any reason.

By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time.

Automatic upon breach: Your right to access and use the Services (including use of your CC Login Service account) automatically upon your breach of any of the Terms. For the avoidance of doubt, termination of the Terms does not require you to remove or delete any reference to previously-applied CC legal tools from your own Content.

Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. The license grants applicable to Your Content are not impacted by the termination of the Terms and shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations will survive for one year after termination.

Human-readable summary of Sec 16: If you violate these terms, you may no longer use our sites.

17. Miscellaneous Terms

Choice of law: The Terms are governed by and construed by the laws of the State of California in the United States, not including its choice of law rules.

Dispute resolution: The parties agree that any disputes between Creative Commons and you concerning these Terms, and/or any of the Services may only brought in a federal or state court of competent jurisdiction sitting in the Northern District of California, and you hereby consent to the personal jurisdiction and venue of such court.

  • If you are an authorized agent of a government or intergovernmental entity using the Services in your official capacity, including an authorized agent of the federal, state, or local government in the United States, and you are legally restricted from accepting the controlling law, jurisdiction, or venue clauses above, then those clauses do not apply to you. For any such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding its choice of law rules).

No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.

Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Creative Commons as a result of the Terms or from your use of any of the Services.

Integration: These Master Terms and any applicable Additional Terms constitute the entire agreement between you and Creative Commons relating to this subject matter and supersede any and all prior communications and/or agreements between you and Creative Commons relating to access and use of the Services.

Human-readable summary of Sec 17: If there is a lawsuit arising from these terms, it should be in California and governed by California law. We are glad you use our sites, but this agreement does not mean we are partners.

Note about Reusing these Terms of Use.

The Creative Commons Terms of Use are dedicated to the public domain under the Creative Commons CC0 Public Domain Dedication. You are free to use and adapt these Master Terms and any applicable Additional Terms for your own purposes. However, please keep in mind that these Terms may not be completely suitable for your situation. Creative Commons strongly encourages you to seek the advice of your own attorney before repurposing these Terms on your own site.

#####EOF##### Frequently Asked Questions - Creative Commons
English | Français

Frequently Asked Questions

2019-04-02 14:07:11 UTC

These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information.

  • Other CC FAQs: CC0 Public Domain Dedication and Public Domain Mark.
  • “Licensor”, “rights holder”, “owner”, and “creator” may be used interchangeably to refer to the person or entity applying a CC license.
  • Information about the licenses is primarily made with reference to the 4.0 suite, but earlier license versions are mentioned where they differ.
  • Have a question that isn’t answered here? Contact info@creativecommons.org.

Creative Commons does not provide legal advice. This FAQ is for informational purposes and is not a substitute for legal advice. It may not cover important issues that affect you. You should consult with your own lawyer if you have questions.

About CC

What is Creative Commons and what do you do?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. Our legal tools help those who want to encourage reuse of their works by offering them for use under generous, standardized terms; those who want to make creative uses of works; and those who want to benefit from this symbiosis. Our vision is to help others realize the full potential of the internet. CC has affiliates all over the world who help ensure our licenses work internationally and who raise awareness of our work.

Although Creative Commons is best known for its licenses, our work extends beyond just providing copyright licenses. CC offers other legal and technical tools that also facilitate sharing and discovery of creative works, such as CC0, a public domain dedication for rights holders who wish to put their work into the public domain before the expiration of copyright, and the Public Domain Mark, a tool for marking a work that is in the worldwide public domain. Creative Commons licenses and tools were designed specifically to work with the web, which makes content that is offered under their terms easy to search for, discover, and use.

For more information about CC, our main website contains in-depth information about the organization, its staff and board of directors, its history, and its supporters. You can also read CC case studies to learn about some of the inspiring ways CC licenses and tools have been used to share works and support innovative business models. You can find regularly updated information about CC by visiting the blog.

Absolutely not. CC has responded to claims to the contrary. CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

That said, Creative Commons recognizes the need for change in copyright law, and many members of the Creative Commons community are active participants in the copyright reform movement. For more information, see our statement in support of copyright reform.

What does “Some Rights Reserved” mean?

Copyright grants to creators a bundle of exclusive rights over their creative works, which generally include, at a minimum, the right to reproduce, distribute, display, and make adaptations. The phrase “All Rights Reserved” is often used by owners to indicate that they reserve all of the rights granted to them under the law. When copyright expires, the work enters the public domain, and the rights holder can no longer stop others from engaging in those activities under copyright, with the exception of moral rights reserved to creators in some jurisdictions. Creative Commons licenses offer creators a spectrum of choices between retaining all rights and relinquishing all rights (public domain), an approach we call “Some Rights Reserved.”

No. Creative Commons is not a law firm and does not provide legal advice or legal services. CC is similar to a self-help service that offers free, form-based legal documents for others to use. These FAQ answers many of the most common questions. There is also specialized information available on the following pages:

While CC does provide this informational guidance about its licenses and other tools, this information may not apply to your particular situation, and should never be taken as legal advice.

If you’re looking for legal advice about using CC licenses and other tools, we recommend contacting the Creative Commons affiliate in your jurisdiction. CC affiliates are highly connected to the communities of copyright lawyers in their countries. We also offer a list of lawyers and organizations who have identified themselves as willing to provide information to others about CC licensing issues. However, please note that CC does not provide referral services, and does not endorse or recommend any person on that list.

Does Creative Commons collect or track material licensed under a CC license?

No, CC does not collect content or track licensed material. However, CC builds technical tools that help the public search for and use works licensed under our licenses and other legal tools, and many others have built such tools as well. CC Search is one tool developed by CC to help the public discover works offered under Creative Commons licenses on the internet via CC-aware search engines and repositories.

What do the Creative Commons buttons do?

The CC buttons are a shorthand way to convey the basic permissions associated with material offered under CC licenses. Creators and owners who apply CC licenses to their material can download and apply those buttons to communicate to users the permissions granted in advance. When the material is offered online, the buttons should usually link out to the human-readable license deeds (which, in turn, link to the license itself).

May I use the Creative Commons logo and buttons?

You may download high resolution versions of the Creative Commons logos and use them in connection with your work or your website, provided you comply with our policies. Among other things, if you use the logos on a website or on your work, you may not alter the logos in any respect—such as by changing the font, the proportions, or the colors. CC’s buttons, name, and corporate logo (the “CC” in a circle) are trademarks of Creative Commons. You cannot use them in ways not permitted by our policies unless you first receive express, written permission. This means, for example, that you cannot (without our permission) print your own buttons and t-shirts using CC logos, although you can purchase them in CC’s store.

I love Creative Commons. How can I help?

Please support CC by making a donation through our support page. Donations can be handled through PayPal or by credit card. You can also support CC by visiting our store.

CC always welcomes your feedback, which you can provide by emailing . You can also participate in CC’s email discussion lists and share feedback and ideas in one of those forums.

If you are a software developer, sysadmin, or have other technical expertise, please join our developer community and help build the tools that build the commons.

Finally, one of the best ways to support CC is by supporting our causes yourself. Follow our blog to find out about current issues where you can help get involved and spread the word, and advocate for free and open licensing in your own communities.

Why does Creative Commons run an annual fundraising campaign? What is the money used for and where does it go?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, with affiliates all over the world who help ensure our licenses work internationally and raise awareness about our work. Our tools are free, and our reach is wide.

In order to…

  • continue developing our licenses and public domain tools to make sure they are legally and technically up-to-date around the world,
  • help creators implement these tools on websites through best practices and individual assistance,
  • enable CC licensing on major content-sharing platforms,
  • enhance CC-licensed resource search and discovery,
  • advocate for CC licensing and open policies in education, science, and culture, and
  • myriad other activities we’re forgetting to mention, such as all the everyday boring but essential operations that go into running an organization

…we need $ to make it all happen! For more information, please take a look at our Annual Report.

Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. It is essential we have the public’s support because it is the creators and users of CC material who make our tools relevant in this digital age. They depend on the tools and services CC provides through their reuse and remix of the rich, open resources available on Wikipedia, Flickr, SoundCloud, Vimeo, Europeana, MIT OpenCourseWare, the Library of Science, Al Jazeera, and YouTube—just to name a few. Many of these people donate $10, $25, or $50 to CC, to help keep it up and running so we can continue to provide our tools and services for free, as a nonprofit organization. The more people who donate to CC, the more independent it will remain.

General License Information

What are Creative Commons licenses?

Creative Commons licenses provide an easy way to manage the copyright terms that attach automatically to all creative material under copyright. Our licenses allow that material to be shared and reused under terms that are flexible and legally sound. Creative Commons offers a core suite of six copyright licenses. Because there is no single “Creative Commons license,” it is important to identify which of the six licenses you are applying to your material, which of the six licenses has been applied to material that you intend to use, and in both cases the specific version.

All of our licenses require that users provide attribution (BY) to the creator when the material is used and shared. Some licensors choose the BY license, which requires attribution to the creator as the only condition to reuse of the material. The other five licenses combine BY with one or more of three additional license elements: NonCommercial (NC), which prohibits commercial use of the material; NoDerivatives (ND), which prohibits the sharing of adaptations of the material; and ShareAlike (SA), which requires adaptations of the material be released under the same license.

CC licenses may be applied to any type of work, including educational resources, music, photographs, databases, government and public sector information, and many other types of material. The only categories of works for which CC does not recommend its licenses are computer software and hardware. You should also not apply Creative Commons licenses to works that are no longer protected by copyright or are otherwise in the public domain. Instead, for those works in the worldwide public domain, we recommend that you mark them with the Public Domain Mark.

How do CC licenses operate?

CC licenses are operative only when applied to material in which a copyright exists, and even then only when a particular use would otherwise not be permitted by copyright. Note that the latest version of CC licenses also applies to rights similar to copyright, such as neighboring rights and sui generis database rights. Learn more about the scope of the licenses. This means that CC license terms and conditions are not triggered by uses permitted under any applicable exceptions and limitations to copyright, nor do license terms and conditions apply to elements of a licensed work that are in the public domain. This also means that CC licenses do not contractually impose restrictions on uses of a work where there is no underlying copyright. This feature (and others) distinguish CC licenses from some other open licenses like the ODbL and ODC-BY, both of which are intended to impose contractual conditions and restrictions on the reuse of databases in jurisdictions where there is no underlying copyright or sui generis database right.

All CC licenses are non-exclusive: creators and owners can enter into additional, different licensing arrangements for the same material at any time (often referred to as “dual-licensing” or “multi-licensing”). However, CC licenses are not revocable once granted unless there has been a breach, and even then the license is terminated only for the breaching licensee.

There are also videos and comics that offer visual descriptions of how CC licenses work.

Which is the latest version of the licenses offered by Creative Commons?

In November 2013, Creative Commons published the version 4.0 license suite. These licenses are the most up-to-date licenses offered by CC, and are recommended over all prior versions. You can see how the licenses have been improved over time on the license versions page. 4.0 has been drafted to be internationally valid, and will have official translations becoming available after publication.

No. By design, CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions. This is a fundamental principle of CC licensing.

Who gives permission to use material offered under Creative Commons licenses?

Our licenses and legal tools are intended for use by anyone who holds copyright in the material. This is often, but not always, the creator.

Creative Commons offers licenses and tools to the public free of charge and does not require that creators or other rights holders register with CC in order to apply a CC license to a work. This means that CC does not have special knowledge of who uses the licenses and for what purposes, nor does CC have a way to contact creators beyond means generally available to the public. CC has no authority to grant permission on behalf of those persons, nor does CC manage those rights on behalf of others.

If you would like to obtain additional permissions to use the work beyond those granted by the license that has been applied, or if you’re not sure if your intended use is permitted by the license, you should contact the rights holder.

Are Creative Commons licenses enforceable in a court of law?

Creative Commons licenses are drafted to be enforceable around the world, and have been enforced in court in various jurisdictions. To CC’s knowledge, the licenses have never been held unenforceable or invalid.

CC licenses contain a “severability” clause. This allows a court to eliminate any provision determined to be unenforceable, and enforce the remaining provisions of the license.

What happens if someone applies a Creative Commons license to my work without my knowledge or authorization?

CC alerts prospective licensors they need to have all necessary rights before applying a CC license to a work. If that is not the case and someone has marked your work with a CC license without your authorization, you should contact that person and tell them to remove the license from your work. You may also wish to contact a lawyer. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What are the international (“unported”) Creative Commons licenses, and why does CC offer “ported” licenses?

One of CC’s goals is ensuring that all of its legal tools work globally, so that anyone anywhere in the world can share their work on globally standard terms. To this end, CC offers a core suite of six international copyright licenses (formerly called the “unported”) that are drafted based largely on various international treaties governing copyright, taking into account as many jurisdiction-specific legal issues as possible. The latest version (4.0) has been drafted with particular attention to the needs of international enforceability.

For version 3.0 and earlier, Creative Commons has also offered ported versions of its six core licenses for many jurisdictions (which usually correspond to countries, but not always). These ported licenses are based on the international license suite but have been modified to reflect local nuances in the expression of legal terms and conditions, drafting protocols, and language. The ported licenses and the international licenses are all intended to be legally effective everywhere. CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

Can governments and intergovernmental organizations (“IGOs”) use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors’ overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the “machine readable” layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]”; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you’re uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC’s Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC’s legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC’s Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and running pilot programs that allow creators to use CC licenses in some circumstances.

If you are already a member of a collecting society and want to use CC licenses, you are welcome to encourage your collecting society to give you the option of Creative Commons licensing.

Can I still make money from a work I make available under a Creative Commons license?

Yes. One of our goals is to encourage creators and rights holders to experiment with new ways to promote and market their work. There are several possible ways of doing this.

CC’s NonCommercial (NC) licenses allow rights holders to maximize distribution while maintaining control of the commercialization of their works. If you want to reserve the right to commercialize your work, you may do this by choosing a license with the NC condition. If someone else wants to use your work commercially and you have applied an NC license to your work, they must first get your permission. As the rights holder, you may still sell your own work commercially.

You may also use funding models that do not depend on using an NC license. For example, many artists and creators use crowdfunding to fund their work before releasing it under a less restrictive license. Others use a “freemium” model where the basic content is free, but extras such as a physical printed version or special access to a members-only website are for paying customers only.

For more information and ideas, The Power of Open presents case studies of artists, businesspeople, and organizations who use CC.

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

No. CC licenses allow for flexibility in the way credit is provided depending on the medium, means, and context in which a licensee is redistributing licensed material. For example, providing attribution to the creator when using licensed material in a blog post may be different than doing so in a video remix. This flexibility facilitates compliance by licensees and reduces uncertainty about different types of reuse—minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded.

Can I change the license terms or conditions?

Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons” or “CC” license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials. Keep in mind that altering terms and conditions is distinct from waiving existing conditions or granting additional permissions than those in the licenses. Licensors may always do so, and many choose to do so using the CC+ protocol to readily signal the waiver or additional permission on the CC license deed.

CC does not assert copyright in the text of its licenses, so you are permitted to modify the text as long as you do not use the CC marks to describe it. However, we do not recommend this. We also advise against modifying our licenses through indirect means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other material. This would prevent licensees from using, combining, or remixing content under your customized license with other content under the same or compatible CC licenses.

Modifying licenses creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.

Can I waive license terms or conditions?

Yes. You may always choose to waive some license terms or conditions. Material licensed under a CC license but with additional permissions granted or conditions waived may be compatibly licensed with other material under the same license. Our CC+ protocol provides a mechanism for facilitating that grant or waiver.

Can I enter into separate or supplemental agreements with users of my work?

Yes. CC licenses are nonexclusive. Licensors always have the option of entering into separate arrangements for the sharing of their material in addition to applying a CC license. However, those different arrangements are not “CC” or “Creative Commons” licenses.

Separate agreements: You may offer the licensed material under other licenses in addition to the CC license (a practice commonly referred to as “dual licensing”). For example, you may wish to license a video game soundtrack under both a CC license and the GPL, so that it may be used under either set of terms. A reuser may then choose which set of terms to comply with. Or, for example, you may offer your material to the public under a NonCommercial license, but offer commercial permissions to fee-paying customers.

Supplemental agreements: Problems arise when licensors design those terms or arrangements to serve not as separate, alternative licensing arrangements but as supplemental terms having the effect of changing the standard terms within the CC license. While you may offer separate terms and conditions to other parties, you should not do so in such a way that would neutralize terms of the CC license.

Except in the limited situation where more permissions are being granted or license conditions are waived, if the additional arrangement modifies or conflicts with the CC license terms, then the resulting licensing arrangement is no longer a CC licensing arrangement. To avoid confusing those who may mistakenly believe the work is licensed under standard CC terms, we must insist that in these instances licensors not use our trademarks, names, and logos in connection with their custom licensing arrangement.

It should be noted that any agreements you make with other parties only have an effect on the other parties to that agreement, and do not apply to anyone else receiving the licensed material. For example, if there are terms of use that apply to visitors to your website on which you host CC-licensed material, your terms of use may apply to visitors to that website, but not to anyone who receives copies of the CC-licensed material elsewhere. Even for the visitors to your website, any separate terms and conditions do not become part of the license—they remain a separate contractual agreement, and violation of this agreement does not constitute copyright infringement.

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

A CC license terminates automatically when its conditions are violated. For example, if a reuser of CC-licensed material does not provide the attribution required when sharing the work, then the user no longer has the right to continue using the material and may be liable for copyright infringement. The license is terminated for the user who violated the license. However, all other users still have a valid license, so long as they are in compliance.

Under the 4.0 licenses, a licensee automatically gets these rights back if she fixes the violation within 30 days of discovering it.

If you apply a Creative Commons license and a user violates the license conditions, you may opt to contact the person directly to ask them to rectify the situation or consult a lawyer to act on your behalf. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

As long as users abide by license terms and conditions, licensors cannot control how the material is used. However, CC licenses do provide several mechanisms that allow licensors to choose not to be associated with their material or to uses of their material with which they disagree.

First, all CC licenses prohibit using the attribution requirement to suggest that the licensor endorses or supports a particular use. Second, licensors may waive the attribution requirement, choosing not to be identified as the licensor, if they wish. Third, if the licensor does not like how the material has been modified or used, CC licenses require that the licensee remove the attribution information upon request. (In 3.0 and earlier, this is only a requirement for adaptations and collections; in 4.0, this also applies to the unmodified work.) Finally, anyone modifying licensed material must indicate that the original has been modified. This ensures that changes made to the original material–whether or not the licensor approves of them–are not attributed back to the licensor.

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

The use of any effective technical protection measures (such as digital rights management or “DRM”) by licensees to prevent others from exercising the licensed rights is prohibited.

Not all kinds of encryption or access limitations are prohibited by the licenses. For example, sending content via email and encrypting it with the recipient’s public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a particular set of users (for example, by requiring a username and password to enter a site) does not restrict further use of the content by the recipients. In these examples, these things do not prevent the recipient from exercising all of the rights granted by the license, including the right to redistribute it further.

If someone is applying effective technological measures to your CC-licensed material that do restrict exercise of the licensed rights (such as applying DRM that restricts copying), this is a violation of the license terms unless you have chosen to grant this permission separately.

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

No. CC licenses grant permission to use the licensed material in any media or format regardless of the format in which it has been made available. This is true even if you have applied a NoDerivatives license to your work. Once a CC license is applied to a work in one format or medium, a licensee may use the same work in any other format or medium without violating the licensor’s copyright.

What if I change my mind about using a CC license?

CC licenses are not revocable. Once something has been published under a CC license, licensees may continue using it according to the license terms for the duration of applicable copyright and similar rights. As a licensor, you may stop distributing under the CC license at any time, but anyone who has access to a copy of the material may continue to redistribute it under the CC license terms. While you cannot revoke the license, CC licenses do provide a mechanism for licensors to ask that others using their material remove the attribution information. You should think carefully before choosing a Creative Commons license.

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

CC offers six core licenses, each of which grants a different set of permissions. Before you use CC-licensed material, you should review the terms of the particular license to be sure your anticipated use is permitted. If you wish to use the work in a manner that is not permitted by the license, you should contact the rights holder (often the creator) to get permission first, or look for an alternative work that is licensed in a way that permits your anticipated use. Note that if you use material in a way that is not permitted by the applicable license and your use is not otherwise permitted by an applicable copyright exception or limitation, the license is automatically terminated and you may be liable for copyright infringement, even if you are eligible to have your rights reinstated later.

Before using material offered under a Creative Commons license, you should know that CC licenses only grant permissions needed under copyright and similar rights, and there may be additional rights you need to use it as intended. You should also understand that licensors do not offer warranties or guarantees about the material they are licensing unless expressly indicated otherwise. All materials are licensed “AS IS” and a disclaimer of warranties applies unless expressly provided otherwise. If you want to ask for a warranty or guarantee about rights to use the material, you should talk with the licensor before using it.

Does a Creative Commons license give me all the rights I need to use the work?

It depends. CC licenses do not license rights other than copyright and similar rights (which include sui generis database rights in version 4.0). For example, they do not license trademark or patent rights, or the publicity, personality, and privacy rights of third parties. However, licensors agree to waive or not assert any moral rights, publicity rights, personality rights, or privacy rights they themselves hold, to the limited extent necessary to allow exercise of the licensed rights. Any rights outside of the scope of the license may require clearance (i.e., permission) in order to use the work as you would like.

Additionally, creative works sometimes incorporate works owned by others (known as “third party content”), often used pursuant to a CC license or under an exception or limitation to copyright such as fair use in the U.S. You should make sure you have permission to use any third party content contained in the work you want to use, or that your use is otherwise allowed under the laws of your jurisdiction, particularly in cases such as fair use where your right to use the content depends on the particular context in which you plan to use it.

All CC licenses contain a disclaimer of warranties, meaning that the licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work. You may wish to obtain legal advice before using CC-licensed material if you are not sure whether you have all the rights you need.

What if there are sui generis database rights that apply to my use of a CC-licensed database?

In the somewhat limited circumstances where sui generis database rights apply to your use, special conditions apply and there are more specific considerations you should be aware of. Under 4.0, sui generis database rights are licensed alongside copyright, but the treatment in earlier versions of the license varies. A fuller explanation of these variations and related considerations is available in the Data FAQ.

Where can I find material offered under a CC license?

If you are looking for material offered under a Creative Commons license, CC Search is a good starting point. There is also a directory of organizations and individuals who use CC licenses. Some media sites, such as Flickr, have search filters for material licensed using CC’s licenses.

Be sure to confirm that the material you want to use is actually under a CC license, as search results may sometimes be misleading.

Are Creative Commons works really free to use?

Yes. While many if not most CC-licensed works are available at no cost, some licensors charge for initial access to CC-licensed works—for example, by publishing CC-licensed content only to subscribers, or by charging for downloads. However, even if you have paid an access charge, once you have a copy of CC-licensed material, you may make any further uses permitted by the license without paying licensing fees.

(If you wish to make uses that are not permitted by the license—for example, making a commercial use of an NC-licensed photo—the licensor may charge for those additional rights.)

What should I know about differences between the international licenses and the ported licenses?

As a licensee, you should always read and understand the relevant license’s legal code before using CC-licensed material, particularly if you are using material that is licensed using a ported license with which you are unfamiliar. Our porting process involved adapting the international licenses to the legal framework of different jurisdictions, and in that process slight adjustments may have been made that you should make yourself aware of in advance of using the material. You can find more information about the ported licenses in the Jurisdiction Database.

There are currently no ported versions of 4.0, and we expect there will be few, if any, in the future. All official translations of the 4.0 international licenses are equivalent: you may substitute one for another depending on your preferred language.

However, the ported versions of 3.0 and earlier sometimes contain small differences from the international license depending on the ways in which they have been adapted to their jurisdictions. For example, a handful of the ported licenses contain provisions specifying which laws will apply in the event the licensor chooses to enforce the license, and a few of the ported licenses contain forum selection clauses.

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Contact the rights holders to ask for permission. Otherwise, unless an exception or limitation to copyright applies, your use of the material may violate the Creative Commons license. If you violate the terms of the license, your rights to use the material will be automatically terminated, and you may be liable for copyright infringement.

Do I always have to comply with the license terms? If not, what are the exceptions?

You need to comply with the license terms if what you are doing would otherwise require permission from the rights holder. If your use would not require permission from the rights holder because it falls under an exception or limitation, such as fair use, or because the material has come into the public domain, the license does not apply, and you do not need to comply with its terms and conditions. Additionally, if you are using an excerpt small enough to be uncopyrightable, the license does not apply to your use, and you do not need to comply with its terms.

However, if you are using excerpts of CC-licensed material which individually are minimal and do not require license compliance, but together make up a significant copyrightable chunk, you must comply with the license terms. For example, if you quote many individual lines from a poem across several sections of a blog post, and your use is not a fair use, you must comply with the license even though no individual line would have been a substantial enough portion of the work to require this.

Attribution

How do I properly attribute material offered under a Creative Commons license?

All CC licenses require users to attribute the creator of licensed material, unless the creator has waived that requirement, not supplied a name, or asked that her name be removed. Additionally, you must retain a copyright notice, a link to the license (or to the deed), a license notice, a notice about the disclaimer of warranties, and a URI if reasonable. For versions prior to 4.0, you must also provide the title of the work. (Though it is not a requirement in 4.0, it is still recommended if one is supplied.)

You must also indicate if you have modified the work—for example, if you have taken an excerpt, or cropped a photo. (For versions prior to 4.0, this is only required if you have created an adaptation by contributing your own creative material, but it is recommended even when not required.) It is not necessary to note trivial alterations, such as correcting a typo or changing a font size. Finally, you must retain an indication of previous modifications to the work.

CC licenses have a flexible attribution requirement, so there is not necessarily one correct way to provide attribution. The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner. Additionally, you may satisfy the attribution requirement by providing a link to a place where the attribution information may be found.

While the attribution requirements in the license are the minimum requirement, we always recommend that you follow the best practices for the kind of use you are making. For example, if you are using scientific data marked with CC0, you are not required to give attribution at all, but we recommend that you give the same credit you would give to any other source—not because the license requires it, but because that is the standard for letting others know the source of the data.

The CC website offers some best practices to help you attribute properly, and the CC Australia team has developed a helpful guide to attributing CC-licensed material (.pdf) in different formats. Note that the attribution and marking requirements vary slightly among license versions. See here for a chart comparing the specific requirements.

Do I need to be aware of anything else when providing attribution?

Yes. You need to be careful not to imply any sponsorship, endorsement, or connection with the licensor or attribution party without their permission. Wrongfully implying that a creator, publisher, or anyone else endorses you or your use of a work may be unlawful. Creative Commons makes the obligation not to imply endorsement explicit in its licenses. In addition, if the licensor of a work requests that you remove the identifying credit, you must do so to the extent practical.

Additionally, when you are using a work that is an adaptation of one or more pre-existing works, you may need to give credit to the creator(s) of the pre-existing work(s), in addition to giving credit to the creator of the adaptation.

Do I always have to attribute the creator of the licensed material?

You must attribute the creator when you provide material to the public by any means that is restricted by copyright or similar rights. If you are using the material personally but are not making it or any adaptations of it available to others, you do not have to attribute the licensor. Similarly, if you are only distributing the material or adaptations of it within your company or organization, you do not have to comply with the attribution requirement. Learn more about when compliance with the license is not required.

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such.

Can I take a CC-licensed work and use it in a different format?

Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.

This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work.

How do I know if a low-resolution photo and a high-resolution photo are the same work?

As with most copyright questions, it will depend on applicable law. Generally, to be different works under copyright law, there must be expressive or original choices made that make one work a separate and distinct work from another. The determination depends on the standards for copyright in the relevant jurisdiction.

Under U.S. copyright law, for example, mechanical reproduction of a work into a different format is unlikely to create a separate, new work. Consequently, digitally enhancing or changing the format of a work absent some originality, such as expressive choices made in the enhancement or encoding, will not likely create a separate work for copyright purposes. The creative bar is low, but it is not non-existent. Accordingly, in some jurisdictions releasing a photograph under a CC license will give the public permission to reuse the photograph in a different resolution.

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

The NoDerivs licenses (BY-ND and BY-NC-ND) prohibit reusers from creating adaptations. What constitutes an adaptation, otherwise known as a derivative work, varies slightly based on the law of the relevant jurisdiction.

Incorporating an unaltered excerpt from an ND-licensed work into a larger work only creates an adaptation if the larger work can be said to be built upon and derived from the work from which the excerpt was taken. Generally, no derivative work is made of the original from which the excerpt was taken when the excerpt is used to illuminate an idea or provide an example in another larger work. Instead, only the reproduction right of the original copyright holder is being exercised by person reusing the excerpt. All CC licenses grant the right to reproduce a CC-licensed work for noncommercial purposes (at a minimum). For example, a person could make copies of one chapter of an ND-licensed book and not be in violation of the license so long as other conditions of the license are met.

There are exceptions to that general rule, however, when the excerpts are combined with other material in a way that creates some new version of the original from which the excerpt is taken. For example, if a portion of a song was used as part of a new song, that may rise to the level of creating an adaptation of the original song, even though only a portion of it was used and even if that portion was used as-is.

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

No. When you receive material under a Creative Commons license, you may not place additional terms and conditions on the reuse of the work. This includes using effective technological measures (ETMs) that would restrict a licensee’s ability to exercise the licensed rights.

A technological measure is considered an ETM if circumventing it carries penalties under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements. Generally, this means that the anti-circumvention laws of various jurisdictions would cover attempts to break it.

For example, if you remix a CC-licensed song, and you wish to share it on a music site that places digital copy-restriction on all uploaded files, you may not do this without express permission from the licensor. However, if you upload that same file to your own site or any other site that does not apply DRM to the file, and a listener chooses to stream it through an app that applies DRM, you have not violated the license.

Note that merely converting material into a different format that is difficult to access or is only available for certain platforms does not violate the restriction; you may do this without violating the license terms.

Can I share CC-licensed material on password-protected sites?

Yes. This is not considered to be a prohibited measure, so long as the protection is merely limiting who may access the content, and does not restrict the authorized recipients from exercising the licensed rights. For example, you may post material under any CC license on a site restricted to members of a certain school, or to paying customers, but you may not place effective technological measures (including DRM) on the files that prevents them from sharing the material elsewhere.

(Note that charging for access may not be permitted with NC-licensed material; however, it is not disallowed by the restriction on ETMs.)

Can I share CC-licensed material on file-sharing networks?

Yes. All CC licenses allow redistribution of the unmodified material by any means, including distribution via file-sharing networks. Note that file-trading is expressly considered to be noncommercial for purposes of compliance with the NC licenses. Barter of NC-licensed material for other items of value is not permitted.

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

If you have received material under a CC license that is encumbered with effective technological measures (such as digital rights management or DRM), you may or may not be permitted to break it, depending on the circumstances. By releasing material under a CC license, the licensor agrees not to assert any rights she may have to prevent the circumvention of effective technological measures. (Under the 3.0 and earlier licenses, this is implied but not explicit.) However, if she has uploaded it to a site or other distribution channel that itself applies such measures, that site may have the right to prevent you from breaking them, even though the licensor herself cannot do so.

Note that anti-circumvention laws can impose criminal liability in some jurisdictions.

What if I have received CC-licensed material with additional restrictions?

It is possible that CC-licensed material will appear on platforms that impose terms in addition to the copyright license (though Creative Commons strongly discourages restrictions that interfere with exercise of the licensed rights). These additional terms do not form part of the license for the work. For example, if you download CC-licensed material from a site that does not permit downloading, you may be breaking the terms of use of the site, but you are not infringing the CC license. See our guide to Modifying the CC licenses for more guidance and information.

Combining and adapting CC material

When is my use considered an adaptation?

Whether a modification of licensed material is considered an adaptation for the purpose of CC licenses depends primarily on the applicable copyright law. Copyright law reserves to an original creator the right to create adaptations of the original work. CC licenses that allow for adaptations to be shared—all except BY-ND and BY-NC-ND—grant permission to others to create and redistribute adaptations when doing so would otherwise constitute a violation of applicable copyright law. Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable, such as a translation of a novel from one language to another, or the creation of a screenplay based on a novel.

Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation, whether or not it would be considered so under applicable law. Also, under version 4.0, certain uses of databases restricted by sui generis database rights also constitute adaptations (called “Adapted Material” in the 4.0 licenses), whether or not they would be considered adaptations under copyright law. For more details about adaptations in the database context, see the Data FAQ.

Note that all CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license.

Note on terminology: throughout these FAQs, we use the term “remix” interchangeably with “adapt.” Both are designed to mean doing something that constitutes an adaptation under copyright law.

Can I combine material under different Creative Commons licenses in my work?

It depends. The first question to ask is whether doing so constitutes an adaptation. If the combination does not create an adaptation, then you may combine any CC-licensed content so long as you provide attribution and comply with the NonCommercial restriction if it applies. If you want to combine material in a way that results in the creation of an adaptation (i.e. a “remix”), then you must pay attention to the particular license that applies to the content you want to combine.

The NoDerivatives licenses do not permit remixing except for private use (the pre-4.0 licenses do not permit remixing at all, except as allowed by exceptions and limitations to copyright). All the other CC licenses allow remixes, but may impose limitations or conditions on how the remix may be used. For example, if you create a remix with material licensed under a ShareAlike license, you need to make sure that all of the material contributed to the remix is licensed under the same license or one that CC has named as compatible, and you must properly credit all of the sources with the required attribution and license information. Similarly, if you want to use a remix for commercial purposes, you cannot incorporate material released under one of the NonCommercial licenses.

The chart below shows which CC-licensed material can be remixed. To use the chart, find a license on the left column and on the top right row. If there is a check mark in the box where that row and column intersect, then the works can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies. See below for details on how remixes may be licensed.

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If you make adaptations of material under a CC license (i.e. “remix”), the original CC license always applies to the material you are adapting even once adapted. The license you may choose for your own contribution (called your “adapter’s license”) depends on which license applies to the original material. Recipients of the adaptation must comply with both the CC license on the original and your adapter’s license.

  • BY and BY-NC material

When remixing BY or BY-NC material, it is generally recommended that your adapter’s license include at least the same license elements as the license applied to the original material. This eases reuse for downstream users because they are able to satisfy both licenses by complying with the adapter’s license. For example, if you adapt material licensed under BY-NC, your adapter’s license should also contain the NC restriction. See the chart below for more details.

  • BY-SA and BY-NC-SA material

In general, when remixing ShareAlike content, your adapter’s license must be the same license as the license on the material you are adapting. All licenses after version 1.0 also allow you to license your contributions under a later version of the same license, and some also allow ported licenses. (See the license versions page for details.) If you wish to adapt material under BY-SA or BY-NC-SA and release your contributions under a non-CC license, you should visit the Compatibility page to see which options are allowed.

  • BY-ND and BY-NC-ND material

The BY-ND and BY-NC-ND licenses do not permit distribution of adaptations (also known as remixes or derivative works), and prohibits the creation of adaptations under the pre-4.0 versions of those licenses. Since you may not share remixes of these materials at all, there is no compatibility with other licenses. (Note that the ND licenses do allow you to reproduce the material in unmodified form together with other material in a collection, as indicated in the next FAQ.)

  • Adapter’s license chart

The chart below details the CC license(s) you may use as your adapter’s license. When creating an adaptation of material under the license identified in the lefthand column, you may license your contributions to the adaptation under one of the licenses indicated on the top row if the corresponding box is green. CC does not recommend using a license if the corresponding box is yellow, although doing so is technically permitted by the terms of the license. If you do, you should take additional care to mark the adaptation as involving multiple copyrights under different terms so that downstream users are aware of their obligations to comply with the licenses from all rights holders. Dark gray boxes indicate those licenses that you may not use as your adapter’s license.

Adapter’s license chart Adapter’s license
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work PD              
BY              
BY-NC              
BY-NC-ND              
BY-NC-SA              
BY-ND              
BY-SA              
Abbreviation Key

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

All Creative Commons licenses (including the version 4.0 licenses) allow licensed material to be included in collections such as anthologies, encyclopedias, and broadcasts. You may choose a license for the collection, however this does not change the license applicable to the original material.

When you include CC-licensed content in a collection, you still must adhere to the license conditions governing your use of the material incorporated. For example, material under any of the Creative Commons NonCommercial licenses cannot be used commercially. The table below indicates what type of CC-licensed works you may incorporate into collections licensed for commercial and noncommercial uses.

Original Work Commercial Collection (BY, BY-SA, BY-ND) NonCommercial Collection (BY-NC, BY-NC-SA, BY-NC-ND)
PD    
BY    
BY-NC    
BY-NC-ND    
BY-NC-SA    
BY-ND    
BY-SA    

License termination

When do Creative Commons licenses expire?

Creative Commons licenses expire when the underlying copyright and similar rights expire.

Note that the relevant rights may expire at different times. For example, you may have a CC-licensed song where the rights in the musical arrangement expire before the rights in the lyrics. In this case, when the copyright in the music expires, you may use it without being required to comply with the conditions of the CC license; however, you must still comply with the license if you use the lyrics.

What happens if the author decides to revoke the CC license to material I am using?

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms. Of course, you may choose to respect the licensor’s wishes and stop using the work.

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

All of the CC licenses terminate if you fail to follow the license conditions. If this happens, you no longer have a license to use the material.

In the 4.0 licenses, your rights under the license are automatically reinstated if you correct this failure within 30 days of discovering the violation (either on your own or because the licensor or someone else has told you). Under the 3.0 and earlier licenses, there is no automatic reinstatement.

If you have lost your rights under a CC license and are not entitled to automatic reinstatement, you may regain your rights under the license if the licensor expressly grants you permission. You cannot simply re-download the material to get a new license.

Note that you may still be liable for damages for copyright infringement for the period where you were not in compliance with the license.

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

The Creative Commons licenses have three layers, as does the CC0 public domain dedication: the human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The Public Domain Mark is not legally operative, and so has only two layers: the human-readable mark and machine-readable metadata.

When material is licensed using any of the CC licenses or tools, it is highly recommended that a CC button, text, or other marker somehow accompany it. There are many possible modes for marking. For our licenses, people generally use the CC license chooser to generate HTML code that can be pasted into the webpage where the licensed material is published. CC0 and the Public Domain Mark have a separate chooser. Many platforms and web services such as Flickr and Drupal support CC licensing directly, allowing you to select an appropriate license. The service then properly marks the work for you.

CC has published some best practices for marking your CC-licensed material, and recommends:

  • Including a visual indicator (some combination of text and images) that the work is licensed with one of the CC licenses.
  • Clearly indicating what material is covered under the CC license, especially if it’s presented alongside non-licensed materials.
  • Including a link to the human-readable deed (which itself contains a link to the legal code).
  • Embedding machine-readable metadata in the code of the license indicator or code of the licensed page.

See the marking page for more details.

What does it mean that Creative Commons licenses are “machine-readable”?

Creative Commons has specified CC REL as a way to associate machine-readable licensing metadata with objects offered under CC licenses.

Before Creative Commons developed this vocabulary, it was difficult for a machine to ascertain whether an object was marked with a CC license. There was also no standard, predictable place to house metadata about that license (for example, the source URL of the work or the required mode of attribution).

Machine-readable metadata based on well-accepted metadata standards creates a platform upon which new services and applications can be built. Software and services can detect CC licenses and the details of that license, as described by the metadata. For example, on many websites and search engines such as Google and Flickr, you can run filtered searches for works offered under specific CC licenses. In addition, CC license deeds can automatically create copy-and-paste attribution code so users may easily comply with the BY condition of the licenses. When you click on a CC license or button from a page with license metadata, you get copy-and-paste attribution HTML within that license deed page. That HTML is based on available RDFa metadata in the original material.

All HTML provided by the CC license chooser is automatically annotated with metadata in RDFa format.

What is RDFa?

RDFa is a method for embedding structured data in a web page. For more information about RDFa, see the following resources:

What is CC REL and why does Creative Commons recommend it?

Creative Commons Rights Expression Language (CC REL) renders information about licenses and works machine-readable through standards that define the semantic web. Creative Commons wants to make it easy for creators and scientists to build upon the works of others when they choose; licensing your work for reuse and finding properly licensed works to reuse should be easy. CC recommends that you mark your licensed works with CC REL. The Creative Commons license chooser provides HTML annotated with CC REL, while the Creative Commons deeds recognize CC REL on web pages with works offered under a CC license, and use this metadata to enhance the deed for properly marked-up works, e.g., by providing copy and paste HTML that includes work attribution.

For more background information on CC REL, please refer to this paper.

What does it mean for a search engine to be CC-enabled?

Some search engines (like Google) allow people to filter their search results by usage rights so that you can limit your search results according to the particular CC license you seek. For example, if you are looking for a photo to adapt, you can filter your search to return photos that have a CC license that permits creation of adaptations. You can generally find this search feature on the advanced search page of your selected search engine. You can also use CC Search, which offers a convenient interface to search and a list of those content providers that support searches for content based on usage rights.

Please note, however, that you should always double check to make sure that the work you locate through a search is licensed as you wish.

How do I give users of my site the option to use CC licensing like Flickr does?

Creative Commons provides tools for integrating license selection with your site. You can find an overview at the Web Integration article on the CC wiki. The Partner Interface is a good way to get started and will always have the most up-to-date license versions and translations. However, there is also an API available if you want more control.

How can I change or remove the Creative Commons search option built into the Firefox browser?

Mozilla has included the Creative Commons search function in many versions of Firefox along with search options for Google, Amazon, and other popular sites. Please take a look at the Firefox article on the CC wiki for an explanation of how to change these features.

If you want to add or remove a particular search option, click on the logo in the search box (for example, the CC logo or the Google logo). This will open the pull down menu, which will allow you to select different search providers. If you choose “Manage Search Engines,” you will be able to add or remove search engines. You can also alter the order in which the search providers appear on the pull down menu.

Is Creative Commons involved in digital rights management (DRM)?

No. CC licenses are a form of rights expression, not rights management. CC provides tools to make it easier for creators and owners to say which rights they reserve and permissions they grant. This is different from digital rights management (or “DRM”), which uses technological protection measures to prevent people from using the work in a way that the owner has not permitted.

CC licenses contain language prohibiting licensees from the use of effective technological measures (including DRM) to prevent access to licensed material: ”You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any such recipient.”

While licensors may apply effective technological measures (ETMs) to their own materials, the licensor provides a limited permission to circumvent these measures: “The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures.” Note that this only applies to effective technological measures applied by licensors themselves: third parties such as distribution platforms may still apply ETMs if the licensor uploads there, and the license is not able to grant you permission to circumvent it.

Copyright law grants exclusive rights to creators of original works of authorship. National laws usually extend protections to such works automatically once fixed in a tangible medium, prohibiting the making of copies without the rights holder’s permission, among other things. On the internet, even the most basic activities involve making copies of copyrighted content. As content is increasingly uploaded, downloaded, and shared online, copyright law is becoming more relevant to more people than it was 20 years ago. Unfortunately, infringing copyrights—even unintentionally or unknowingly—can lead to liability. Successful navigation of the internet requires some understanding of copyright law.

What is the public domain?

The public domain of copyright refers to the aggregate of those works that are not restricted by copyright within a given jurisdiction. A work may be part of the public domain because the applicable term of copyright has expired, because the rights holder surrendered copyright in the work with a tool like CC0, or because the work did not meet the applicable standards for copyrightability.

Because the public domain depends on the copyright laws in force within a particular territory, sometimes a work may be considered “in the public domain” of one jurisdiction, but not in another. For example, U.S. government works are automatically in the public domain under U.S. copyright law, but might be restricted by copyright in other countries.

The Public Domain Manifesto, the University Libraries page, and the CC0 FAQs all contain additional information about the public domain.

Copyright in most jurisdictions attaches automatically without need for any formality once a creative work is fixed in tangible form (i.e. the minute you put pen to paper, take a photo, or hit the “save” button on your computer).

In some jurisdictions, creators may be required to register with a national agency in order to enforce copyright in court. If you would like more information, please consult the Berne Convention or your jurisdiction’s copyright law.

Although you do not have to apply a copyright notice for your work to be protected, it may be a useful tool to clearly signal to people that the work is yours. It also tells the public who to contact about the work.

What is an adaptation?

An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.

In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter’s personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil’s copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction’s copyright law for more information.

What are moral rights?

Copyright laws in many jurisdictions around the world grant creators “moral rights” in addition to the economic or commercial right to exploit their creative works. Moral rights protect the personal and reputational value of a work for its creator. Moral rights differ by country, and can include the right of attribution, the right to have a work published anonymously or pseudonymously, and/or the right to the integrity of the work. The moral right of integrity may provide creators with a source for redress if an adaptation represents derogatory treatment of their work, typically defined as “distortion or mutilation” of the work or treatment that is “prejudicial to the honor, or reputation of the author.” Not all jurisdictions provide for moral rights.

The CC licenses are intended to minimize the effect of moral rights on a licensee’s ability to use licensed material; however, in some jurisdictions, these rights may still have an effect. CC offers some additional information on how CC licenses may affect your moral rights.

What are neighboring rights?

Copyright provides an incentive to create works by providing exclusive rights to creators. However, the distribution or exploitation of a work often involves more than just the creator. For example, if someone writes a song, someone else may perform the song, and another may produce the recording of the song. Some jurisdictions extend copyright to the contributions made by these persons; other jurisdictions extend such exclusive rights in the form of neighboring rights. Neighboring rights may include performers’ rights or broadcasters’ rights, among others. The Rome Convention sets forth some guidelines on the scope of neighboring rights. Not all jurisdictions recognize neighboring rights.

What are sui generis database rights?

Sui generis database rights grant qualifying database makers the right to prohibit the extraction and reuse of a substantial portion of a database. The rights are granted to database makers that make a substantial investment of time and resources to create the database. Sui generis database rights are primarily enacted within the European Union and a handful of other jurisdictions.

What are collecting societies?

Collecting societies are copyright management organizations. Some examples of collecting societies include ASCAP and BMI (United States), BUMA/STEMRA (Netherlands), PRS (United Kingdom), and APRA (Australia). These societies license works on behalf of their owners and process royalty payments from parties using the copyrighted works.

CC offers additional information on how collecting societies might affect your rights and your ability to apply CC licenses to your work. CC has several pilots underway with collecting societies that have chosen to allow their members to use CC licenses on a limited basis.

What are publicity, personality, and privacy rights?

These terms are used differently in different jurisdictions. Generally speaking, these rights allow individuals to control the use of their voice, image, likeness, or other identifiable aspect of their identity, especially for purposes of commercial exploitation. Similarly, in some jurisdictions these rights allow people to restrict others’ ability to publish information about them without their permission. Whether and to what extent these rights exist, and if so, how they are labeled, varies depending on the jurisdiction.

Creative Commons licenses have a limited effect on these rights where the licensor holds them. Where the licensor has publicity, personality, or privacy rights that may affect your ability to use the material as the license intends, the licensor agrees to waive or not assert those rights. However, any such rights not held by the licensor are not affected and may still affect your desired use of a licensed work. If you have created a work or wish to use a work that might in some way implicate these rights, you may need to obtain permission from the individuals whose rights may be affected.

Data

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

: Uses of CC Licenses with Data and Databases : Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker’s investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [marking page]https://wiki.creativecommons.org/wiki/Marking_your_work_with_a_CC_license “wikilink”) for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights–but not copyright–are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.1 These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker’s substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Artificial intelligence and CC licenses

What are the limits on how CC-licensed works can be used in the development of new technologies, such as training of artificial intelligence software?

The licenses grant permission for reuse in any situation that requires permission under copyright. There are many ways in which CC-licensed work works and even all rights reserved works can be reused without permission. This includes uses that are fair uses, for example.

If someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected. This is one of the enduring qualities of our licenses — they have been carefully designed to work with all new technologies where copyright comes into play. No special or explicit permission regarding new technologies from a copyright perspective is required.

But what about privacy laws, rules governing ethical research, and data protection laws?

CC’s copyright licenses are not universal policy tools. Copyright is the primary obstacle to reuse that our licenses solve, but there are many other issues related to the reuse of content that our licenses do not address and that reusers should be aware of. These can include privacy and rules governing ethical research and the collection or use of data, which have to be addressed and respected separate and apart from the copyright issues that CC licenses cover.

What attribution obligations exist when CC-licensed images are included in a published dataset? Is linking to the original image or URI required, and if so, is it adequate?

It depends. First, keep in mind that CC licenses never limit uses that copyright doesn’t control. For example, as a general matter text and data mining in the United States is considered a fair use and does not require permission under copyright. This means that reusers engaged in text and data mining do not have to adhere to the marking and attribution requirements in our licenses for that activity even though we strongly recommend they do so anyway. A second example is linking. In some countries, linking to copyrighted content doesn’t require permission under copyright law, which means the CC license obligations do not come into play even though the linked content is CC-licensed.

Where a CC-licensed work is distributed as part of a database or dataset, and assuming copyright (or in the European Union, copyright or sui generis database rights) is triggered, then the license conditions must be respected. This means providing the required attribution information in a way that is reasonable under the circumstances. Our licenses allow for some flexibility, and in some cases that may be as simple as providing a link to the website where the relevant attribution information is provided. Visit our marking practices page for more information.

If a for-profit company uses CC-licensed content under a Non Commercial license and releases the work under terms that allow only research purposes, is the NC restriction violated?

This depends on whether any of the uses made of the works by the company, whether for profit or non profit, are primarily intended for commercial advantage or monetary compensation. This is hard to know without having all of the facts about how a work was used, whether internally by the company for its own purposes or how the work was distributed for further use. Visit our NC page for more information about what constitutes commercial and non commercial uses of works.

If NC-licensed content is redistributed to the public under an NC license, that distribution would not violate the NC clause. (Note that CC strongly discourages the use of any license terms other than a CC NC license for redistributions of NC-licensed content.)

If CC SA-licensed content is included in a database, does the entire database have to be licensed under an SA license?

CC licenses never require a reuser of a CC-licensed work to make the original work or resulting works (collections, derivatives, etc.) publicly available. There are lots of private reuses of works that are permitted by CC’s licenses that do not require compliance with their terms. Regarding ShareAlike, the condition only applies if a work is modified and if the work is shared publicly. In the situation where a reuser created a dataset of photos and made it publicly available, and assuming copyright permission is required, then what is released is likely a collection or compilation of pre-existing works. CC licenses do not require the collection or the compilation itself to be made available under an SA license, even though each individual work is still licensed individually under an SA license and if they were modified by the distributor the modified photo would need to be licensed under the same terms. For example, were Creative Commons to compile photographs from a photo sharing website under a BY-SA 2.0 license and create a database that it then publicly distributed, CC could license the collection as a whole under a BY license, but the photographs would continue to be licensed under BY-SA 2.0.

What, if any, remedies, do users have if they dislike how their photos or images have been reused?

Several remedies are potentially available. Some may be available if the CC license terms have been violated, and others may be available through other, separate avenues because they involve other laws or regulations that the CC licenses do not cover. It’s important to remember, however, that absent a violation of the license the permissions granted under the license remain in place and cannot be revoked.

  • Under the CC licenses, even if a license condition has not been violated licensors can ask that attribution to them be removed so they can distance themselves from the reuse.
  • For violations of a CC license term where the license was required (not a fair use, etc.) then you may have a claim for copyright infringement. Fortunately, in the CC community most license violations are handled amicably without resorting to the courts.
  • For claims involving laws and regulations other than copyright, recourse may be available depending on your local laws.

An important starting point for any would-be sharer of content under a CC license is to educate yourself in advance about how they work and what rights they do and do not cover. We have many FAQs on our website. We also provide human-readable deeds with links to the full text of our licenses. Additionally, all of our licenses highlight at the beginning many considerations that licensors should have in mind before they license, and considerations for reusers of works before they do so in order to avoid inadvertent violations.

Notes

  1. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).↩

#####EOF##### Creative Commons — Navngivelse-DelPÃ¥SammeVilkÃ¥r 3.0 Unported — CC BY-SA 3.0
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Dette er et menneske-lesbart sammendrag av (men ingen erstatning for) den juridiske lisensteksten. Ansvarsfraskrivelse.

Du har lov til:

  • Bearbeide — remixe, endre, og bygge videre pÃ¥ materialet
  • til et hvilket som helst formÃ¥l, inkludert kommersielle.
  • Lisensgiver kan ikke kalle tilbake disse frihetene sÃ¥ lenge du respekterer disse lisensvilkÃ¥rene.

På følgende vilkår:

  • Navngivelse — Du mÃ¥ oppgi korrekt kreditering, oppgi en lenke til lisensen, og indikere om endringer er blitt gjort. Du kan kan gjøre dette pÃ¥ enhver rimelig mÃ¥te, men uten at det kan forstÃ¥s slik at lisensgiver bifaller deg eller din bruk av verket.

  • DelPÃ¥SammeVilkÃ¥r — Dersom du remixer, bearbeider eller bygger pÃ¥ materialet, mÃ¥ du distribuere dine bidrag under samme lisens som originalen.

  • Ingen ytterligere begrensninger — Du kan ikke gjøre bruk av juridiske betingelser eller teknologiske tiltak som lovmessig hindrer andre i Ã¥ gjøre noe som lisensen tillater.

Notiser:

#####EOF##### Education / OER Archives - Creative Commons
Creative Commons > Blog > Education / OER

Education / OER

CC Certificates

CC Certificate Changes and Improvements for 2019

  12/6/18 UPDATE: January 2019 courses have only seven tickets left!  Background: The CC Certificate provides an-in depth study of Creative Commons licenses and open practices, developing participants’ open licensing proficiency and understanding of the broader context for open advocacy. The course content targets copyright law, CC legal tools, values and recommended practices of working … Read More “CC Certificate Changes and Improvements for 2019”

Education / OER

2nd World OER Congress + 2017 Ljubljana OER Action Plan

30 ministers of education and 690 members of the open education community (140 of them virtual) from 111 nations convened in Ljubljana, Slovenia at the 2nd OER World Congress with the goal of mainstreaming open education to meet the education targets in the United Nations SDG4. In addition to the 3-day Congress program, there were 21 satellite sessions … Read More “2nd World OER Congress + 2017 Ljubljana OER Action Plan”

Education / OER

Invitation to Join: CC Open Education Platform

In the spirit of openness and to effectively strategize, these platforms are open to all interested parties working in the platform area and adjacent spaces. That’s why Creative Commons invites you to join the CC Global Network Open Education Platform!

Education / OER
#####EOF##### Creative Commons — Attribution-ShareAlike 4.0 International — CC BY-SA 4.0
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This is a human-readable summary of (and not a substitute for) the license. Disclaimer.

You are free to:

  • Adapt — remix, transform, and build upon the material
  • for any purpose, even commercially.
  • The licensor cannot revoke these freedoms as long as you follow the license terms.

Under the following terms:

  • Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.

  • ShareAlike — If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.

  • No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.

Notices:

  • You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.
  • No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
#####EOF##### Choose a License

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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS DRAFT LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.

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  1. You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any reference to such Licensor or the Original Author, as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any reference to such Licensor or the Original Author, as requested.
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#####EOF##### Creative Commons Global Network Membership Charter - CC Global Network Creative Commons Global Network Membership Charter - CC Global Network

Creative Commons Global Network Membership Charter

(28.09.2017 Public Version)

This document is the agreement you, an individual person (a “Member”) or an institution (an “Institutional Member”), in the Creative Commons Global Network, have with all of the other Members and Institutional Members of the Creative Commons network and Creative Commons (“we” or the “CCGN”). As used in this Charter all references to “Member” or “Members” refers collectively to Members and Institutional Members, though their rights as defined in other CCGN documents differ.

This Charter includes the list of values we share, the principles that guide our work and mutual responsibilities. It also identifies policies with which all Members and others, if acting in the name of Creative Commons (when allowed) or a participant in a Chapter or elsewhere in our network in any capacity, must adhere in order to safeguard the reputation of Creative Commons and the coordination of activities in the course of pursuing our shared mission and objectives.

Rights and Responsibilities

Membership in the Creative Commons Global Network is open to any individual or organization that has a demonstrated commitment to supporting the sharing of knowledge and culture, and who shares the values of the community.

Joining as a Member or other participant means joining a global network of individuals and organizations that work together, in many different ways, to promote and enable openness and sharing around the world. We are all collectively committed to building a global network that is supportive and that recognises and celebrates the achievements of others. We expect that as a Member or other participant, you will strive to work collaboratively and help others achieve our shared goals.

Becoming a Member is a position of trust. It means we trust one another to be a face of the Creative Commons community and to collaborate productively and constructively to promote a shared vision and common objectives, consistent with the objectives and activities of your local Chapter, if any. Joining as a Member also means playing a leadership role in the movement’s international dimension, with expectations to support collective decision-making and advancing the major areas of focus of the network.

All Members are expected to:

  • Abide by the CCGN Code of Conduct

  • Abide by policies that Creative Commons establishes and updates from time to time in connection with use of its trademarks, websites and web domains, and similar, which CC pledges to advise members, partners and Chapters of in a timely fashion and to publish in advance as described below

  • Work towards the mission of the movement in a way that aligns with its collective strategy

  • Always act consistently with the values of the CCGN movement

  • Communicate with and support others in the CCGN via mailing lists, or others methods of communication

  • Share your work and experiences with the CCGN

  • Actively contribute to the CCGN in some way (e.g., participating in a CC Network Platform)

The work of a Creative Commons Network Member

The work of a Creative Commons Network Member can take place in two overlapping networks – in subject matter specific Platforms, and in geographically specific local Chapters.

As a Member , you do not have to seek permission to carry out activities that further CC’s mission, as long as they do not conflict with Creative Commons values or the collective strategy and activities of others in the CCGN. You acknowledge that the Chapter in your country or with which you choose to associate may develop and maintain an organizational structure that could include management and coordination, governance processes, designated spokespersons, or designated subject matter leads who speak or direct communications on issues in a specific country. Chapters may also define limits and offer guidance to Members of the Chapter team as to how they can operate and speak on behalf of the Chapter in that country. Members within a country with a Chapter are expected to abide by those, as are other participants working on behalf of CC in the country. On issues of legal interpretation and government policy, among other matters to be identified by Chapters and Creative Commons, Members and others operating in or in association with a country are expected to coordinate with the local Chapter leadership on these matters, whether or not they participate directly in the Chapter.

In your activities as a Member many Members will work with others in your country to constitute a local Chapter, organizing activities consistent and aligned with the CCGN shared strategic vision. In addition to a local Chapter’s organizational structure as described above, CCGN Platforms frame what a Member or other contributors can say and do on behalf of Creative Commons or the local Chapter. Platforms enable diverse and widespread participation while ensuring that activities of Members and other contributors are strategically aligned and consistent. We welcome your initiative and creativity in how you contribute to the CCGN and our shared goals.

Codes of Conduct

(NOTE: Several sources were consulted in development of the CCGN Code of Conduct, including Ubuntu Code of Conduct (CC:BY-SA 3.0), The Contributor Covenant (CC:BY), the Open Source Code of Conduct (CC:BY-SA 3.0) and some ideas from Geek Feminism.

The pledge

The Creative Commons Global Network is a movement that advocates, promotes and enables openness and sharing around the world. This is an open, safe and inclusive space fostering sharing and collaboration regardless of age, disability, ethnicity, gender identity and expression, level of experience, nationality, personal appearance, race, religion, or sexual identity and orientation.

We are committed to making it as inclusive as possible, and hope that everyone feels encouraged and excited about participating in the process by sharing opinions, suggestions and concerns about what we believe we can and should develop for our common future: the Creative Commons Global Network.

Guiding Principles

Be welcoming. All of the Members of this community have different backgrounds and experiences. We expect all Members to welcome new Members, and have special consideration to help them orient themselves in the network.

Be respectful. Disagreement is no excuse for disrespectful behaviour. We work together to resolve conflict, assume good intentions and do our best to act in an empathic fashion. We will not allow frustration to turn into a personal attack. We do not tolerate harassment or discrimination in our communities. A community where people feel uncomfortable or threatened is not productive. Be thoughtful in the words that you choose. Be kind to others. Do not insult or put down other participants.

Different people have different perspective on issues. Being able to understand why someone holds a viewpoint doesn’t mean they are wrong. Disagreements, social and technical, are normal, but we will not allow them to persist and fester leaving others uncertain of the agreed direction. We expect participants in any project to resolve disagreements constructively. When they cannot, matters should be escalated within established structures for resolution.

Always remember, CCGN is a diverse and global community where English is not the first language for the vast majority of participants. Always try to pick the short way to express the idea you are trying to share, considering the language and cultural barrier always present.

Be considerate. Our work will be used by other people, and we in turn will depend on the work of others. Any decision we take will affect users and colleagues, and we should consider them when making decisions.

Be collaborative. Collaboration between people that each have their own goal and vision is essential. Collaboration reduces redundancy and improves the quality of our work. Wherever possible, we work closely with other projects and communities on the Open world to coordinate our efforts. We prefer to work transparently and involve interested parties as early as possible.

Ask for help when unsure. Nobody is expected to be perfect in this community. Asking questions early avoids many problems later, so questions are encouraged, though they may be directed to the appropriate forum. Those who are asked should be responsive and helpful.

Share leadership. The most powerful way a community can advance its cause is by bringing in new people, and helping them to become leaders. The most influential among us should actively seek to mentor, promote, advise, and advance those with potential to have impact in their communities, and as part of our global network.

Reporting Issues

If you experience or witness unacceptable behavior — or have any other concerns — please report it by emailing members-support@creativecommons.org. For more details, please see our Reporting Guidelines below.

Reporting Guide

If you experience or witness unacceptable behavior — or have any other concerns — please report it by emailing members-support@creativecommons.org. All reports will be handled with discretion.

In your report please include:

  • Your contact information.

  • Names (real, nicknames, or pseudonyms) of any individuals involved. If there are additional witnesses, please include them as well.

  • Your account of what occurred, and if you believe the incident is ongoing. If there is a publicly available record (e.g. a mailing list archive or a Slack logger or similar), please include a link.

  • Any additional information that may be helpful.

After filing a report, a representative from Creative Commons or the GNC (with support from Creative Commons) will contact you personally. The incident will be reviewed, follow up with any additional questions, and make a decision as to how to respond.

Anyone asked to stop unacceptable behavior at odds with or in the spirit of this Code of Conduct is expected to do so immediately. If an individual continues to engage in unacceptable behavior, Creative Commons may take any action it deems appropriate, up to and including a permanent ban from the Creative Commons Global Network without further warning.

CC Policies

Creative Commons establishes policies regarding its trademarks and domain names, use of its internet services including subdomains, and similar. Most of these policies are allowed to give you permission in advance, rather than requiring you as a Member or other participant to ask first. These policies are revised periodically by Creative Commons after consultation with the CC Global Network Council and are published at https://creativecommons.org/policies.

For the avoidance of doubt, while we use the term “Member” to refer to individuals and organizations admitted to the CCGN upon agreement with this Charter, that does not make them a member, partner, agent or employee of Creative Commons as a legal matter, or of any other Member or participant in the CCGN. More details are provided in the Policies linked to above.

This Charter

This Charter is first published on October 6th, 2017, concurrently with the announcement that Members may start to join the CCGN. Please note, that this Charter may be amended from time to time by Creative Commons in consultation and collaboration with the Global Network Council. When changes are made, then-current Members will be notified of changes and will be deemed to have agreed and be bound by them unless they withdraw within 30 calendar days of receiving notice. If a Member does withdraw, then notwithstanding that withdrawal, in the event they participate in a Chapter, Platform or Working Group, or otherwise participate in their country on behalf of CC (such as holding themselves out as a participant in the CCGN), the Charter (as amended) and the CC Policies and any other policies and procedures established by the Platform or Working Group will apply to such activities.

Change log

  • First public version October 6th, 2017
#####EOF##### Version 4.0 - License Draft Ready for Public Comment! - Creative Commons
Creative Commons > Blog > Weblog > Version 4.0 – License Draft Ready for Public Comment!

Version 4.0 – License Draft Ready for Public Comment!

Diane Peters

April 2, 2012

The Public, West Bromwich – Welcome to The Public Entrance Free
“The Public, West Bromwich – Welcome to The Public Entrance Free” / ell brown / CC BY

We are pleased to post for public comment the first discussion draft of version 4.0. This draft is the product of an extended (and unprecedented) requirements gathering period involving input from CC affiliates, community and stakeholders. Thanks to all of you who contributed your valuable time and energy in the policy discussions and drafting sessions in support of this draft.

We crafted this first draft (v4.0d1) mindful of the overarching design goals first articulated at the 2011 Global Summit:

  • Producing a 4.0 suite that addresses pressing challenges of important adopters, including those in countries where localized version of CC licenses have not existed, and never may, for any number of reasons;
  • Maximizing interoperability, reducing license proliferation and promoting standardization where possible; and
  • Longevity and ease of use.

We have also been mindful of supporting those for whom version 3.0 is working well. We will continue efforts to ensure those constituents are aware of our support throughout this process and our eagerness to see those implementations thrive.

We’ve documented and discussed all of these at length, and are excited to hear back from our community on how we can still better accomplish these goals. Here are some highlights of the major policy and drafting choices reflected in the draft, as well issues on which we would especially value your input. Join the discussion!

Database rights

As anticipated, the license fully licenses database rights on the same terms and conditions as copyright and neighboring rights. We have heard no compelling reason for reversing course on this new policy, and all early feedback suggests this is a welcomed change despite questions about their utility. We have taken care to ensure that the license only applies where permission is needed and the licensor holds those rights.

Other copyright-like rights

Rights beyond copyright and neighboring rights are more complicated, however. We know from our community that other sui generis, copyright-like rights exist and more have been or will be proposed. These include press publisher rights in Germany and catalogue rights in Nordic countries. We remain concerned that these “ancillary rights” (the term coined for use in the draft) could undermine or interfere with expected uses of the licensed work, much as sui generis database rights (and their treatment in 3.0 and its ports) have vexed CC licensors and licensees in Europe for years.

We have taken the approach in this first draft of requiring waiver of those ancillary rights, but only if possible and then only to the extent necessary to allow the work to be used as intended under the license. (These ancillary rights do not include the traditional group of rights long excluded from CC licenses and reserved to licensors, such as trademark, privacy and personality rights, and similar.) We look to our community for input on this important policy choice.

Moral rights

Treatment of moral rights is the other central policy issue addressed in this draft. In 3.0 (unported) and a rough majority of the 3.0 ports, moral rights are generally reserved and unaffected by the license. Yet in other ports, those rights are reserved only where they cannot be waived, suggesting the licensor is waiving those rights where possible, and possibly without limitation. The difference is nuanced but not trivial, and merits consideration.

For purposes of this first draft, we have chosen a middle ground: where waiver is possible, a limited waiver (or non assert) is granted to allow the work to be used as otherwise permitted by the license. For all other purposes (or where a waiver or non assert is not permitted), those rights are fully reserved. This proposal draws heavily from the proposal made for 3.01, and is intended to re-start the discussion for 4.0 where that discussion left off. We look forward to hearing the views of our community on this proposal as well.

Proposals under development

A few policy decisions are still under consideration and will benefit from further public discussion before formal proposals are made. To the extent these decisions involve existing terms in 3.0, we have [bracketed] related provisions in the draft. These include technical protection measures and the definition of NonCommercial. On the former, discussion during the requirements gathering period was robust and productive, but not conclusive on any approach. We plan to use a portion of this public discussion period to curate use cases that will inform a formal proposal. Ideally, these use cases will be based on demonstrated needs (or lack thereof) by licensees for a change from the prohibition in 3.0. As for NonCommercial, more discussion is necessary if any of the current proposals or arguments for changing that definition are to be advanced. Consequently, we have left the definition unchanged in this first draft. On both of these issues, look for prompts from us on the license discussion list and this blog, and please contribute your voice to the discussion.

Other features

The draft license has several new features deserving of attention and your feedback. Attribution and marking requirements are now centralized in a single location and clarified for ease of understanding and compliance. The collecting society provision is dramatically simplified, though operating in the same spirit as in 3.0. Overall, we have strived to simplify, better organize, internationalize and enhance usability whenever possible. We welcome your ideas for making this license still better in these respects and more.

We need your input!

One of our highest priorities is to ensure to the extent possible that the 4.0 licenses work seamlessly in as many jurisdictions, and for as many constituents, as possible. Please help us identify provisions that could be improved to operate better in your locale and for the communities of CC adopters you care about.

We have updated the 4.0 wiki with a special page dedicated to this first draft, where you can find the full draft of BY-NC-SA and a detailed chart comparing this draft to version 3.0, among other resources. The primary discussion forum continues to be the license-discuss list. We look forward to hearing from you!

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#####EOF##### Technology Archives - Creative Commons
Creative Commons > Blog > Technology

Technology

CC Search: A New Vision, Strategy & Roadmap for 2019

At A Grand Re-Opening of the Public Domain at the Internet Archive, I teased a new product vision for CC Search that gets more specific than our ultimate goal of providing access to all 1.4 billion CC licensed and public domain works on the web.

Technology

Los Angeles: CC and a panel of VR experts tackle the issue of social change in emerging media

Watch or listen to the recording on Vimeo, YouTube, or Soundcloud. On February 15, Creative Commons hosted an evening of demos, discussion, and drinks in Los Angeles called, “CC as a Vehicle for Social Change in Emerging & Immersive Media.” With 200 guests registered, the evening featured demos of three virtual reality social impact projects. They were: … Read More “Los Angeles: CC and a panel of VR experts tackle the issue of social change in emerging media”

Arts / culture
ccsearch-creativecommons

Announcing the new CC Search, now in Beta

Creative Commons’ goal is a vibrant, usable Commons powered by collaboration and gratitude. That work has taken us beyond the licenses to explore new tools for discovery, reuse and collaboration.

About CC
#####EOF##### Compatible Licenses - Creative Commons
Creative Commons > Share your work > Licensing considerations > Compatible Licenses

Compatible Licenses

This is the list of licenses that have been approved by Creative Commons as compatible with the two Creative Commons ShareAlike licenses, CC BY-SA and CC BY-NC-SA. You must use one of the licenses listed on this page for your contribution when you make adaptations of material under BY-SA or BY-NC-SA and share the adaptation, unless your use falls under an exception or limitation to copyright. Below is the definitive list of permissible licenses for your contributions to adaptations, which depends on the particular license that covers the material you are adapting.

Creative Commons evaluates licenses for ShareAlike compatibility according to its published process and criteria. Any license that has been considered formally by CC under this process will be listed on this page, with unsuccessful candidates noted in a separate section. To read about compatibility within the CC license suite, please see our FAQ.

BY-SA

See this page for an explanation of how compatibility with BY-SA works.

Version 4.0

Your contributions to adaptations of BY-SA 4.0 materials may only be licensed under:

  • BY-SA 4.0, or a later version of the BY-SA license.
  • Ported versions of the BY-SA license (if any), version 4.0 or later
  • A license designated as a “BY-SA Compatible License” as defined in BY-SA 4.0.
    • Free Art License: The Free Art license 1.3 was declared a “BY-SA–Compatible License” for version 4.0 on 21 October 2014. See the full analysis and comparison for more information.
    • GPLv3: The GNU General Public License version 3 was declared a “BY-SA–Compatible License” for version 4.0 on 8 October 2015. Note that compatibility with the GPLv3 is one-way only, which means you may license your contributions to adaptations of BY-SA 4.0 materials under GPLv3, but you may not license your contributions to adaptations of GPLv3 projects under BY-SA 4.0. Other special considerations apply. See the full analysis and comparison for more information.

Other licenses may be added to this list at any time according to the established process and criteria. Once a license has been added to this list, it will not be removed.

Version 3.0

Your contributions to adaptations of BY-SA 3.0 materials may only be licensed under:

  • BY-SA 3.0, or a later version of the BY-SA license.
  • Ported versions of the BY-SA license, version 3.0 or later.
  • A license designated as a “Creative Commons Compatible License” as defined in BY-SA 3.0.

Currently, no non-CC licenses have been designated as compatible with BY-SA 3.0. Other licenses may be added to this list at any time according to the established process and criteria. Once a license has been added to this list, it will not be removed.

Version 2.0 and 2.5

Your contributions to adaptations of BY-SA 2.0 or 2.5 materials may only be licensed under:

  • The license used for the original work, or a later version of that BY-SA license.
  • Ported versions of that BY-SA license, the same or later version as the licensed work.

Version 1.0

There is no compatibility mechanism in CC BY-SA 1.0. You must use version 1.0 for your contributions to adaptations of material under BY-SA 1.0.

BY-NC-SA

Version 4.0

Your contributions to adaptations of material under BY-NC-SA 4.0 may only be licensed under:

  • BY-NC-SA 4.0, or a later version of the BY-NC-SA license.
  • Ported versions of the BY-NC-SA license, version 4.0 or later.
  • A license designated as a “BY-NC-SA Compatible License” as defined in BY-NC-SA 4.0.

Currently, no non-CC licenses have been designated as compatible with BY-NC-SA 4.0. Other licenses may be added to this list at any time according to the established process and criteria. Once a license has been added to this list, it will not be removed.

Versions 2.0, 2.5, and 3.0

Your contributions to adaptations of BY-NC-SA 2.0, 2.5 or 3.0 materials may only be licensed under:

  • The license used for the original work, or a later version of that BY-NC-SA license.
  • Ported versions of that BY-NC-SA license, the same or later version as the licensed work.

Version 1.0

There is no compatibility mechanism in CC BY-NC-SA 1.0. You must use version 1.0 for your contributions to adaptations of material under BY-NC-SA 1.0.

Evaluated licenses not deemed compatible

None yet.

15 thoughts on “Compatible Licenses”

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#####EOF##### CC Global Network Community Site CC Global Network Community Site

Welcome to the CC Global Network Community Site

The Creative Commons Global Network works together to realize our shared values and build relationships around the world.

Get Involved

Are you an individual who is interested in joining the global movement for the commons?

Find out how you can get involved!

What do we do

The Creative Commons Global Network is a network made of people and institutions working to strengthen the Commons

More about the CC Network

Individual Sign Up

Are you interested in joining the global movement for the commons?

Become a member

Institutional Sign Up

If you are an existing or prospective institutional member, please visit the institutional membership page to learn more.

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Chapters

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#####EOF##### Best practices for attribution - Creative Commons

Best practices for attribution

From Creative Commons
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You can use CC-licensed materials as long as you follow the license conditions. One condition of all CC licenses is attribution. Here are some good (and not so good) examples of attribution. Note: If you want to learn how to mark your own material with a CC license go here.

Examples of attribution

Here is a photo. Following it are some examples of how people might attribute it.

8256206923 c77e85319e n.jpg

This is an ideal attribution

"Creative Commons 10th Birthday Celebration San Francisco" by tvol is licensed under CC BY 2.0

Because:

Title? "Creative Commons 10th Birthday Celebration San Francisco"
Author? "tvol" - linked to his profile page
Source? "Creative Commons 10th Birthday Celebration San Francisco" - linked to original Flickr page
License? "CC BY 2.0" - linked to license deed

This is a pretty good attribution

Photo by tvol / CC BY

Because:

Title? Title is not noted (it should be) but at least the source is linked.
Author? "tvol"
Source? "Photo" - linked to original Flickr page
License? "CC BY" - linked to license deed

This is an incorrect attribution

Photo: Creative Commons

Because:

Title? Title is not noted.
Author? Creative Commons is not the author of this photo.
Source? No link to original photo.
License? There is no mention of the license, much less a link to the license. "Creative Commons" is an organization.

This is a good attribution for material you modified slightly

8256206923 c77e85319e n desaturated.jpg
"Creative Commons 10th Birthday Celebration San Francisco" by tvol, used under CC BY / Desaturated from original

Because:

Title, Author, Source, and License are all noted
Modification? "Desaturated from original"

This is a good attribution for material from which you created a derivative work

8256206923 c77e85319e n 90fied.jpg
This work, "90fied", is a derivative of "Creative Commons 10th Birthday Celebration San Francisco" by tvol, used under CC BY. "90fied" is licensed under CC BY by [Your name here].

Because:

Original Title, Author, Source, and License are all noted
Derivative? "This work, "90fied", is a derivative of..."
New author of the derivative work is also noted

Note: If you're at a point where you are licensing derivative works, go to Marking your work with a CC license.

This is a good attribution for material from multiple sources

Saylor marking example.jpg

Because:

Title? Specific works are named, eg. "Box-and-whisker Plots"
Author? Different authors noted for the different works.
Source? Original materials are linked for each work
License? The different licenses (Creative Commons Attribution for Collaborative Statistics and Creative Commons Attribution-Noncommercial-ShareAlike for the Khan Academy video) are spelled out and linked for each work
Lastly, it is clear which attribution belongs to which work.

You can visit the Saylor.org Introduction to Statistics course page to see how they marked it up directly.

Title, Author, Source, License

A good rule of thumb is to use the acronym TASL, which stands for Title, Author, Source, License.

Title - What is the name of the material?

If a title was provided for the material, include it. Sometimes a title is not provided; in that case, don't worry about it.

Author - Who owns the material?

Name the author or authors of the material in question. Sometimes, the licensor may want you to give credit to some other entity, like a company or pseudonym. In rare cases, the licensor may not want to be attributed at all. In all of these cases, just do what they request.

Source - Where can I find it?

Since you somehow accessed the material, you know where to find it. Provide the source of the material so others can, too. Since we live in the age of the Internet, this is usually a URL or hyperlink where the material resides.

License - How can I use it?

You are obviously using the material for free thanks to the CC license, so make note of it. Don't just say the material is Creative Commons, because that says nothing about how the material can actually be used. Remember that there are six different CC licenses; which one is the material under? Name and provide a link to it, eg. http://creativecommons.org/licenses/by/4.0/ for CC BY.
→ If the licensor included a license notice with more information, include that as well.

Lastly, is there anything else I should know before I use it?

When you accessed the material originally did it come with any copyright notices; a notice that refers to the disclaimer of warranties; or a notice of previous modifications? (That was a mouthful!) Because that kind of legal mumbo jumbo is actually pretty important to potential users of the material. So best practice is to just retain all of that stuff by copying and pasting such notices into your attribution. Don't make it anymore complicated than it is -- just pass on any info you think is important.
→ Regarding modifications: Don't forget to note if you modified the work yourself (example). If you are at the point where you are creating and licensing derivative works (example), see Marking your work with a CC license.

These best practices are based on actual CC license requirements. Noting the title is a requirement of all CC licenses version 3.0 or earlier, optional for 4.0. Noting the author, source, license, and retaining any extra notices is a requirement of all CC licenses. See Devil in the details.

Devil in the details

If you have any doubts or questions, you can read the complete attribution requirements which are spelled out in detail in the legal code of every CC license, eg. http://creativecommons.org/licenses/by/4.0/legalcode#s3a. This chart compares the detailed requirements across all versions of CC licenses.

Don't make it too complicated

The license tells you to be reasonable:

You may satisfy the conditions in (1) and (2) above in any reasonable manner based on the medium, means and context in which the Licensed Material is used. For example, it may be reasonable to satisfy some or all of the conditions by retaining a copyright notice, or by providing a URI or hyperlink associated with the Licensed Material, if the copyright notice or webpage includes some or all of the required information.

There is no one right way; just make sure your attribution is reasonable and suited to the medium you're working with. That being said, you still have to include attribution requirements somehow, even if it's just a link to an About page that has that info. (More on different mediums below.)

Attribution in specific media

As stated above, best practices for attribution apply as reasonable to the medium you're working with. For media such as offline materials, video, audio, and images, consider:

1. Publishing a web page with attribution information. For example, on a webpage featuring your audio recording, provide a credit list of material you used that adheres to best practices above. Doing so allows not only your material, but the materials you attribute, to be found by search engines and other web discovery tools. If possible within the medium, make the Author, Source, and License links the user can follow.
Example:
This video features the song "Desaprendere (Treatment)" by fourstones, available under a Creative Commons Attribution-Noncommercial license.
2. Mentioning the credits within the media itself. For example, crediting videos can be a simple list of the materials used with their associated licenses in a screen at the end of a video. For audio, it can be a verbal recitation of credits at the end of the recording.
Video example 1: "Science Commons" by Jesse Dylan - see attribution starting at 1:52
Video example 2: "Video Editing and Shot Techniques: Study of jump cuts, match cuts and cutaways " video by New Media Rights - see attribution starting at 3:21
Audio example: "Down and Out in the Magic Kingdom" by Cory Doctorow read aloud. Mastered by John Taylor Williams - listen to attribution starting at 17:08

If you want to get Technical

If you really want to go there, we have a document about marking materials so that they are machine-readable.

Also, several groups are exploring ways to make attribution easier and simultaneously machine-readable for the web. Here are some tools that have been developed:

  • Open Attribute - a browser plugin for Firefox and Chrome that grabs the CC license metadata on a web page and turns it into an attribution for you
  • Commons Machinery - a suite of plugins for Firefox and open office tools that enables copying and pasting images with the attribution info already attached


Other guides to attribution

  • How To Attribute CC Photos poster by foter
  • Attributing Creative Commons Material (pdf) - Creative Commons Australia's publication is full of examples with colorful imagery.
  • How to attribute works you reuse under a Creative Commons license by New Media Rights provides real world examples by different media type
  • Library Resources Fox Valley Technical College provides examples of suggested OER attribution and citations. They recommend the following TASL format: “Content Title” from Encompassing Container Title, Version, by Author © Copyright date [Alternate owner if different from Author] is licensed with License [URL of license description]. Access at DOI or permalink or URL. Additional Publisher notes or licensing requirements.
Retrieved from "https://wiki.creativecommons.org/index.php?title=Best_practices_for_attribution&oldid=116817"

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#####EOF##### Creative Commons — Atribusi-BerbagiSerupa 3.0 Tanpa Adaptasi — CC BY-SA 3.0
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Creative Commons License Deed

Atribusi-BerbagiSerupa 3.0 Tanpa Adaptasi (CC BY-SA 3.0)

Lisensi ini adalah lisensi ringkas (dan bukan merupakan pengganti) dari lisensi lengkap. Penyangkalan.

Anda diperbolehkan:

  • Adaptasi — menggubah, mengubah, dan membuat turunan dari materi ini
  • untuk kepentingan apapun, termasuk kepentingan komersial.
  • Pemberi lisensi tidak dapat mencabut ketentuan di atas sepanjang Anda mematuhi ketentuan lisensi ini.

Berdasarkan ketentuan berikut:

  • Atribusi — Anda harus mencantumkan nama yang sesuai, mencantumkan tautan terhadap lisensi, dan menyatakan bahwa telah ada perubahan yang dilakukan. Anda dapat melakukan hal ini dengan cara yang sesuai, namun tidak mengisyaratkan bahwa pemberi lisensi mendukung Anda atau penggunaan Anda.

  • BerbagiSerupa — Apabila Anda menggubah, mengubah, atau membuat turunan dari materi ini, Anda harus menyebarluaskan kontribusi Anda di bawah lisensi yang sama dengan materi asli.

  • Tidak ada pembatasan tambahan — Anda tidak dapat menggunakan ketentuan hukum atau sarana kontrol teknologi yang secara hukum membatasi orang lain untuk melakukan hal-hal yang diizinkan lisensi ini.

Pemberitahuan:

  • Anda tidak perlu menaati lisensi untuk bagian materi ini yang telah berada di bawah domain publik atau untuk penggunaan yang diizinkan di bawah pengecualian atau pembatasan.
  • Tidak ada jaminan yang diberikan oleh lisensi ini. Lisensi ini mungkin tidak memberikan izin yang sesuai dengan tujuan penggunaan Anda. Sebagai contoh, hak-hak lainnya seperti hak atas potret, hak atas privasi, atau hak moral dapat membatasi penggunaan materi berlisensi CC.
#####EOF##### jennierosehalperin
Creative Commons > About CC > Team > Articles by: Jennie Rose Halperin
Jennie Rose Halperin

Jennie Rose Halperin

Jennie Rose Halperin
Senior Communications Manager
Jennie crafts delightful communications for Creative Commons.
Jennie Rose Halperin

Jennie is the Senior Communications Manager at Creative Commons. She makes the CC communications and brand sparkle and works with communities to tell their stories through a variety of media.

Before joining Creative Commons, Jennie worked for Safari Books Online/O'Reilly Media as the Product Engagement Manager where she managed community marketing and test-driven product growth with a mighty team of technologists dedicated to innovation in online learning. She was previously at Mozilla on the Community Building Team and earned her masters degree in Library Science.

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Is it possible to decolonize the Commons? An interview with Jane Anderson of Local Contexts

Joining us at the Creative Commons Global Summit in 2018, NYU professor and legal scholar Jane Anderson presented the collaborative project “Local Contexts,” “an initiative to support Native, First Nations, Aboriginal, Inuit, Metis and Indigenous communities in the management of their intellectual property and cultural heritage specifically within the digital environment.”

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#####EOF##### Creative Commons — Attribution-NoDerivatives 4.0 International — CC BY-ND 4.0
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Creative Commons License Deed

Attribution-NoDerivatives 4.0 International (CC BY-ND 4.0)

This is a human-readable summary of (and not a substitute for) the license. Disclaimer.

You are free to:

  • for any purpose, even commercially.
  • The licensor cannot revoke these freedoms as long as you follow the license terms.

Under the following terms:

  • No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.

Notices:

  • You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.
  • No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
#####EOF##### Creative Commons — Aitortu-PartekatuBerdin 3.0 Moldatu gabea — CC BY-SA 3.0
Orri hau hizkuntza hauetan ikus daiteke: Languages
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Creative Commons lizentzia-laburpena

Aitortu-PartekatuBerdin 3.0 Moldatu gabea (CC BY-SA 3.0)

Lizentziaren laburpen bat da hau (ez du hori ordezkatzen), gizakientzat irakurgarria. Oharra.

Honakoak egin ditzakezu:

  • Moldatu — nahasi, eraldatu eta horretan oinarrituz sortu
  • edozein xedetarako, baita merkataritza-xedeetarako ere.
  • Lizentzia-emaileak ezin ditu askatasun horiek atzera bota, lizentziako baldintzak betetzen dituzun bitartean.

Honako baldintzen arabera:

  • Aitortu — Aitortza egokia egin behar duzu, lizentziaren esteka eman behar duzu eta aldaketak egin diren adierazi behar duzu. Zentzuzko edozein modutan egin dezakezu hori, baina ez duzu aditzera eman behar lizentzia-emaileak zu edo zure erabilera onesten duenik.

  • PartekatuBerdin — Materiala nahasten, eraldatzen eta horretan oinarrituz sortzen baduzu, jatorrizkoaren lizentzia berarekin banatu beharko dituzu zure ekarpenak.

  • Ez dago murrizketa gehigarririk — Ezin duzu lege-baldintzarik edo neurri teknologikorik aplikatu, baldin eta lizentziak baimentzen duen zerbait legez murrizten badiete gainerakoei.

Oharrak:

#####EOF##### PDM FAQ - Creative Commons

PDM FAQ

From Creative Commons
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These Public Domain Mark FAQs contain information that you should familiarize yourself with before applying the Public Domain Mark (“PDM”) to a work, or before using a work that is marked with the PDM. The information provided below is not exhaustive – it may not cover important issues that could affect you.

Contents

These FAQs are intended to supplement, not replace, our existing FAQs and our CC0 FAQs. You are encouraged to review those FAQs before using the PDM or any of our other legal tools or licenses. You should also read the PDM deed carefully, as well as the information linked to from the deed. The deed and supplemental information contain important information about the work that has been marked, and should be fully understood before you apply it to a work or use a PDM-marked work.

Please note: Creative Commons does not provide legal advice. The information provided below is not a substitute for legal advice and is not complete. Please consult your own legal advisor if you have any questions or concerns about the information provided below, about the Public Domain Mark or about Creative Commons licenses and tools generally.

Questions about the Public Domain Mark generally

What is the Public Domain Mark?

The Public Domain Mark (“PDM”) is a tool that allows anyone to mark and tag a work that is free of known copyright restrictions worldwide, all in a way that clearly communicates that status to the public and allows it to be easily discoverable. The PDM is not a legal instrument like CC0 or our licenses; there is no accompanying legal code or agreement. It should only be used to label a work that is already free of known copyright restrictions around the world, typically very old works. It should not be used to attempt to change a work’s current status under copyright law, or affect any person’s rights in a work. Just like CC0 and our licenses, PDM has a metadata-supported deed and is machine readable, allowing works properly tagged to be readily discovered over the Internet.

How does it work?

Anyone can use the PDM to mark a work that is free of known copyright restrictions. Information about the work, its author(s), and the person marking the work is supplied through our PDM Chooser and embedded in the HTML generated for the work. When supplied, this information may help users of the work evaluate the copyright status of the work for themselves, and learn more about the work. Again, please keep in mind that the PDM does not affect the legal status of the work or the legal rights of the author, the person identifying it or others. The PDM serves a marking and labeling function only.

What is the difference between the PDM and CC0?

PDM and CC0 differ in important respects and have distinct purposes. CC0 is intended for use only by authors or holders of copyright and related or neighboring rights (including sui generis database rights), in connection with works that are still subject to those rights in one or more jurisdictions. PDM, on the other hand, can be used by anyone, and is intended for use with works that are already free of known copyright restrictions throughout the world.

The tools also differ in terms of their effect when applied to a work. CC0 is legally operative in the sense that when it is applied, it changes the copyright status of the work, effectively relinquishing all copyright and related or neighboring rights worldwide. PDM is not legally operative in any respect – it is intended to function as a label, marking a work that is already free of known copyright restrictions worldwide. Learn more about CC0.

Can I use the PDM with data, such as metadata? What about databases?

Yes, PDM can be applied to any work that is free of known copyright restrictions. This means, for example, that you can use PDM to mark metadata, which is data about data, if the metadata is not copyrightable or otherwise free of copyright. For example, whether or not a photograph is still protected by copyright, metadata that describes the photograph may be unprotected by copyright. In that instance, PDM could be applied to the metadata itself.

PDM can also be applied to databases that are not protected by copyright, including databases containing metadata. The treatment of databases under copyright law varies from jurisdiction to jurisdiction, however, sometimes dramatically. Additionally, databases are also granted sui generis protection in some jurisdictions, which may limit the ability to extract and/or reuse information from the database even if the information itself in the public domain. If you are uncertain whether a database is protected by copyright around the world, then you should not mark the database itself with the PDM, but could use PDM to mark unprotected content in the database.

If you are the creator or maker of a database and want to ensure that anyone can freely extract and reuse content (subject, of course, to other rights that may apply to the contents of the database such as a photograph still under copyright), then you may wish to consider using CC0 to waive all of your copyright and sui generis database rights in the database itself. In all cases, clearly marking and labeling the works to which PDM and CC0 apply is important.

What about CC’s Public Domain Dedication and Certification? Can that tool still be used?

With the launch of the PDM, Creative Commons is officially deprecating its Public Domain Dedication and Certification (“PDDC”). CC no longer recommends the PDDC for use in any situation. The PDDC had served the dual purposes of allowing a copyright holder to dedicate a work to the public domain, and to mark and certify a work as being in the public domain. We discovered that having a single tool performing both functions was confusing, among other things. In early 2008, we published CC0 to take on the dedication function the PDDC had been performing. We announced at that time that we would be working to improve the way people mark or “tag” a work with information relevant to a work’s public domain status. The PDM is that improved tool. The PDM now assumes the marking and tagging function previously served by PDDC, thereby replacing the PDDC as the recommended tool of choice for doing so.

For those who have used the PDDC to date, you can remain confident that CC will continue to support and serve the PDDC deed.

If you need to certify your public domain dedication, you may visit a service provider such as RegisteredCommons.

Questions for those thinking about applying the PDM to a work

Who can apply the Public Domain Mark to a work?

Anyone who believes a work is free of known copyright restrictions may use the PDM. Keep in mind, however, that the PDM is recommended only for works that are free of known copyright restrictions around the world. You should not apply the PDM to works that you know are only in the public domain in a limited number of jurisdictions. We anticipate that most of the time, the PDM in its current form will only be applied to very old works.

If I apply the PDM to a work, am I warranting or promising that the work is free of copyright around the world?

No, not unless the law otherwise provides or you want to provide a separate warranty to that effect. Like all CC legal tools, the PDM deed includes express disclaimers of warranties and liabilities, to the extent those are enforceable under applicable laws. Additionally, the PDM deed puts users on notice that the work may not be free of copyright restrictions in all jurisdictions. That notice is intended to caution would-be users of the work that it can be difficult to account for all laws and all possible underlying factual circumstances that impact the copyright status of a particular work in every jurisdiction.

Notwithstanding the disclaimers and notice, if you know that a work you would like to mark is still in copyright in one or more jurisdictions, please do not apply the PDM. We are working on other means for marking works that are in the public domain in some jurisdictions while still restricted by copyright in others, and hope to publish that soon.

How do I apply the PDM to a work?

Our PDM Chooser will lead you through process. When completed, you will be provided with HTML code that you can copy and paste into your website. Please be aware that it is up to you, the person identifying the work, to publish the work marked with the PDM to your website or elsewhere. Creative Commons does not publish any works and cannot accept responsibility for doing so.

What are the benefits of including the information requested by the PDM Chooser?

The information you provide when using the PDM Chooser will be included in the rendered PDM deed that is linked to the work, as well as included in the machine-readable code. Potential users of the work can then use that information to find out more about the work and its status. Although the information fields are optional, we encourage you to provide all of the information you can for the benefit of users.

Does the PDM require those using a work I have marked to give me credit? Or the author?

No, there is no credit or attribution requirement, either for the person marking the work or the original author of the work. However, this does not mean that you cannot ask others to give you credit for your effort digitizing and/or marking the work in accordance with community or professional norms and standards.

PDM makes it very easy for users to cite the work itself. If information about the author and work is supplied during the PDM Chooser stage, an HTML citation box will appear on the deed. Users of the work can easily copy the code contained in the box and paste it into the webpage where the work is being used, providing citation information. We encourage everyone identifying works using the PDM Chooser to supply that information; and whenever made available, we encourage users of PDM-marked works to use the ready-to-use citation information.

Questions for those thinking about using a PDM-marked work

Can anyone use a work that is marked using the PDM?

Yes, the PDM doesn’t restrict who may use a marked work. Generally, any work free of copyright restrictions can be used for any purpose, even commercial purposes, without asking anyone’s permission first. Note, however, that the PDM deed identifies some important caveats under Other Information that all would-be users of the work should understand. Among others, it’s possible that a work marked using PDM is not free of all copyright restrictions in all jurisdictions around the world, or that other laws outside of copyright restrict how the work may be used. Read more about these possibilities and others, below.

If you are in doubt about whether or how you can use a PDM-marked work, you should consult with your legal advisor.

Am I really free to use a work marked with the PDM anyway I want, anywhere in the world?

Like all works that are labeled “free of known copyright restrictions,” “in the public domain” or similar – including works published on the Flickr Commons, museum or library websites or elsewhere – the answer is simple: “It depends.” In this one respect, PDM is no different than any other public domain marking system. That said, one of the most important advantages PDM has over other systems is that the deed alerts would-be users of a work to some of the important, potential limitations on their ability to use the work.

These potential limitations and caveats are highlighted on the PDM deed under Other Information. Users are strongly encouraged to review and understand those in advance of using a PDM-marked work (or any other work characterized as part of the public domain, for that matter).

Why might a free of copyright restrictions in one jurisdiction not be free of copyright restrictions everywhere?

Copyright laws around the world vary; there is no harmonized or standardized copyright law that all jurisdictions follow for purposes of determining when a work is no longer restricted by copyright. Additionally, circumstances causing a work to become part of the public domain under the laws of one jurisdiction may not cause a similar result under others’ laws. Thus, the identical work may be restricted by copyright in some jurisdictions while free of copyright in others.

A work may have this limited or “hybrid” public domain status for a variety of reasons. Some jurisdictions have unusually long copyright terms, which may mean that a work free from copyright restrictions most everywhere else in the world may still be protected by the copyright laws of that particular country. Sometimes a work is no longer restricted by copyright in a jurisdiction because the author or owner failed to comply with formalities such as renewal of registration or publication with notice, where those formalities apply. It could also be the case that certain categories of works are not protected by copyright by operation of law in a particular jurisdiction, but may be afforded protection under the copyright laws of other jurisdictions. This is the case, for example, with U.S. government works.

CC does not recommend the current version of PDM for works with are in public domain in some jurisdictions but known to be restricted by copyright in others. Even when this recommendation is followed, however, you should be aware that the possibility still exists. We choose to alert would-be users to that possibility up front, however remote it may be.

What practices do those who apply PDM to works use to arrive at a determination that a work is free of known copyright?

That will depend. CC has not established standards, expectations or even suggested practices for those choosing to apply the mark. Nor are we qualified to do so. Every institution and individual applying the mark must exercise their own judgment for marking works they wish to indicate are free of known copyright. Our hope is that those practices will be published widely and made transparent so that would-be users of PDM-marked works are able to understand the review that was undertaken. We also encourage potential users of PDM-marked works to inquire about those practices with the identifying institution or individual if they want to know more.

Unless otherwise stated to the contrary, however, the person applying the PDM to a work is not guaranteeing anything about it, including what processes or diligence they engaged in before applying the PDM to a work. Creative Commons does not verify the copyright status of works to which the Public Domain Mark has been applied.

Are there other laws I should be aware of that might restrict my ability to use a PDM-marked work?

Probably. PDM is focused exclusively on copyright law and related and neighboring rights. It does not address the applicability (or inapplicability) of other laws, except to alert users that use of the work may be otherwise regulated or limited. For example, if the work contains an image or likeness of a person or their voice, privacy or publicity rights may be implicated in some jurisdictions. Similarly, personal data protections laws could come into play depending on the nature of the work, its contents and the particular jurisdiction.

The freedom that comes with using a work in the public domain doesn’t extend to uses that may violate other applicable laws. Just as with works licensed under a CC license, you should be cognizant of other laws that may apply to your particular uses of a work.

Am I required to attribute the author of the work, or the person who applied the PDM to the work?

No, there is no legal requirement that you credit the author of the original work or the person who identified the work, only a request that you do so voluntarily if requested and the means are provided for doing so.

For purposes of author/work citation, the PDM deed provides HTML code that can be copy and pasted into a webpage to easily cite the author and the work if the person who marked the worked provided that information. We encourage you to take advantage of this copy/paste citation feature whenever possible.

How can I be sure that I can use the work as I would like?

The Public Domain Mark contains a disclaimer of warranties just like our licenses and CC0, so there is no assurance whatsoever that the work is free of all copyright restrictions in every jurisdiction around the world just because the mark is applied. You should also be aware of restrictions or limitations beyond copyright that may apply, such privacy, publicity, personal data laws and the like.

If you are in doubt, then we strongly recommend you not use the work until you have taken all the steps and precautions you feel you need to before doing so, which may include contacting the person who applied the PDM to the work and consulting legal counsel.


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#####EOF##### License Versions - Creative Commons

License Versions

From Creative Commons
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This page identifies the principal improvements to the Creative Commons license suite since the publication of the first licenses (version 1.0) in December 2002, through the current version 4.0, published November 2013. It also highlights important similarities and differences among the major license versions. For more information on using CC tools or works offered under Creative Commons licenses, consult the Frequently Asked Questions page. For a further historical perspective, you are invited to review deprecated CC legal tools identified on the retired legal tools page.

Please note that the summaries below may not reflect all changes between license versions or fully or accurately describe the differences between them. CC cannot provide legal advice, and what follows is not legal advice. What follows below is a general description of differences and similarities between the license versions, for general informational purposes only. Consult your own attorney if you are in need of legal advice.

Contents

License Versioning History

The chart below presents the major license versions, launch dates, and blog posts announcing major public comment periods, the launch of each license suite, and improvements. It does not reference the unfinished version 3.x (3.01 or 3.5) licenses, which did not include active public consultation and were never published. Version 4.0 is the premier, recommended Creative Commons license suite.

License version [1] Release date Calls for public comment Launch announcement Explanation of changes from prior version
1.0 2002 Dec 16 Creative Commons Unveils Machine-Readable Copyright Licenses
2.0 2004 May 25 Versioning -- Public Review Begins Announcing (and explaining) our new 2.0 licenses Announcing (and explaining) our new 2.0 licenses
2.5 2005 June Tweaking CC's Standard Attribution Language -- An Invitation to Comment Comments Period Drawing to a close for Draft License Version 2.5
3.0 2007 Feb 23 Version 3.0 -- Public Discussion Launched Version 3.0 Launched Creative Commons Version 3.0 Licenses -- A Brief Explanation
4.0 2013 Nov 25 CC’s Next Generation Licenses — Welcome Version 4.0!
  1. ↑ Note that CC released a version 2.1 suite for jurisdictions like Spain, Australia, and Japan, whose localized ports of the 2.0 suite contained errors.

International License Development Process

Creative Commons develops, releases, and updates its public copyright licenses (and other legal tools) via an open and inclusive process of engagement with Creative Commons’ global network of attorneys and affiliates, as well as varied communities and constituents. The process culminates in the publication of the preferred, most up-to-date set of CC licenses for use around the world. Creative Commons released its latest version of the licenses in November 2013, the 4.0 international licenses.

The public license development process includes the publication of drafts, formal comment periods, and transparent decision-making. In recognition of its stewardship role, CC has also made public commitments about the development of its ShareAlike licenses: the Statement of Intent for Attribution-ShareAlike licenses following the publication of 3.0. After publication of 4.0, Creative Commons posted for public comment a continuation of that statement, but that has not been finalized for lack of demonstrated need or interest of the community.

While each version of licenses is drafted to conform with copyright law, the version 4.0 license suite includes significant improvements to ensure the licenses operate well internationally. Through extensive consultation with our global network of legal affiliates, the 4.0 international license suite is designed for use in jurisdictions around the world, without the need for localization beyond translation. CC has an established a policy for official translations of the 4.0 licenses as well as other legal tools.

Prior to version 4.0, Creative Commons granted permission to legal experts around the world to adapt (or “port”) the licenses where necessary to more fully align the text with the laws of different legal jurisdictions, and to translate the licenses to the local language(s). For the 4.0 suite, every effort has been made to avoid the need to port (though we will support official language translations). CC may consider requests to port the 4.0 suite in 2014, but only where a compelling need is demonstrated. If CC decides to consider requests, in no case will CC grant permission if the basis for doing so is to include a choice of law or if the change presented would otherwise alter the basic operation of the licenses. CC will post more information on the topic of porting in Q2 of 2014.

License Suite Versions

The chart below and linked explanations that follow detail some of the improvements and important similarities among Creative Commons license versions. Some of the explanations contain links to further information on the topic.

General license features

License Suite Version 1.0 2.0 2.5 3.0 4.0
All international (unported/generic) and ported licenses
Nomenclature (for unported licenses) Generic license Generic license Generic license International (unported) license International license
License scope (beyond copyright)
Express permission granted under sui generis database rights No No No EU ports only Yes
License conditions apply to sui generis database rights No Few ports only Few ports only No Yes
Treatment of moral rights Not addressed Not addressed Not addressed Varied Waived/not asserted
Trademark and patent explicitly reserved No No No No Yes
Other license features
Representations and warranties from licensor included Yes No No No No
Licensor expressly waives rights to enforce, and grants permission to circumvent, technological protection measures No No No No Yes
Automatic reinstatement after termination if violations corrected No No No No Yes, if corrected within 30 days
Express reservation of right by collecting society to collect royalty Not addressed Expressly waived where possible Expressly waived where possible Expressly waived where possible Expressly waived where possible
Element-specific features
Compatibility mechanism in BY-SA licenses same license only same license, later versions, or ports same license, later versions, or ports same license, later versions, ports, or CC-designated compatible licenses same license, later versions, CC-designated compatible licenses (including designated ports)
Compatibility mechanism in BY-NC-SA licenses No No No No Yes
Adaptations of SA material usable under conditions of adapter's license Yes (because adapter's license had to be same license) No No No Yes
Adaptations of NoDerivatives material permitted when not shared No No No No Yes

Attribution-specific elements

License Suite Version 1.0 2.0 2.5 3.0 4.0
Attribution reasonable to means, medium, and context Medium and means, with exceptions Medium and means, with exceptions Medium and means, with exceptions Medium and means, with exceptions Explicit
Reasonableness applies to all attribution requirements All but license notices All but license notices All but license notices All but license and copyright notices All
Licensors may name other attribution parties Implied Implied Implied Explicit Explicit
Licensors may request removal of attribution Adaptations and collections only Adaptations and collections only Adaptations and collections only Adaptations and collections only Always
Title of work required Yes Yes Yes Yes No
URI required No If contains copyright notice or licensing information If contains copyright notice or licensing information If contains copyright notice or licensing information Yes
"No endorsement" clause included No No No Yes Yes
Modifications must be indicated No No No Yes, but only adaptations Yes

Detailed attribution comparison chart

1.0 2.0 3.0 4.0
Author if supplied Author if supplied Author if supplied and attribution parties if designated in copyright notice, TOS, or other reasonable means Creator if supplied and attribution parties if designated in reasonable manner
Copyright notices if supplied Copyright notices if supplied Copyright notices if supplied Copyright notice if supplied
Title if supplied Title if supplied Title if supplied N/A
Notices that refer to Public License and the disclaimer of warranties if supplied Notices that refer to Public License and the disclaimer of warranties if supplied Notices that refer to Public License and the disclaimer of warranties if supplied Notice that refers to Public License and notice that refers to the disclaimer of warranties if supplied
N/A To the extent practicable, URI licensor specifies to be associated with the work (but only if references copyright notice or licensing info) To the extent practicable, URI licensor specifies to be associated with the work (but only if references copyright notice or licensing info) To the extent practicable, URI or link to the material if supplied
If adaptation, credit indicating Work has been used If adaptation, credit indicating Work has been used If adaptation, credit indicating Work has been used and reasonable steps taken to identify that changes were made to the original Indicate if you modified the material; retain an indication of previous modifications
Text/URI for Public License Text/URI for Public License Text/URI for Public License Indicate the material is available under Public License and include text/URI/link
If collection or adaptation, remove reference to author and licensor upon request to the extent practicable If collection or adaptation, remove reference to author and licensor upon request to the extent practicable If collection or adaptation, remove reference to author and licensor upon request to the extent practicable Remove attribution information upon request to the extent reasonably practicable
Copyright notice, author, title, credit noting use of original in adaptation – all may be implemented in any reasonable manner, so long as at least as prominent as other authorship credit if an adaptation or collection Copyright notice, author, title, URI, credit noting use of original in adaptation – all may be implemented in any reasonable manner, so long as at least as prominent as other authorship credit if an adaptation or collection Author, title, URI, credit noting use of original in adaptation -- all reasonable to medium and means All reasonable to medium, means, and context


Features remaining unchanged

License Features

Nomenclature (for international licenses)

The 4.0 licenses are referred to as "international."

Version 3.0 licenses were referred to as "unported" licenses until 2010, at which point they were re-branded as the "international" licenses. At that point, CC added a global flag to the licenses and deeds and changed the reference in the Chooser (among other things). In the 1.0, 2.0, and 2.5 versions, the international licenses were called the “generic” licenses. The generic licenses were drafted to conform with U.S. copyright law.

Starting with version 3.0, Creative Commons drafted its core suite of licenses to conform to relevant international treaties and drafting conventions. In this sense, version 3.0 and the current 4.0 international license suites are jurisdiction-agnostic: these licenses do not mention and are not drafted against any particular jurisdiction's laws or statutes. They are intended to function without adjustment in all jurisdictions around the world.

License scope (beyond copyright)

Sui generis database rights

The 4.0 international suite licenses database rights along with copyright. Where the use of a database under a CC license implicates sui generis database rights, whether or not copyright is implicated, that use is subject to the terms and conditions of the license. If sui generis rights are not implicated—for example, if the use is in a jurisdiction where these rights do not exist, or if the database is not protected by the laws of a jurisdiction where such rights exist— such uses are not regulated by the license if copyright or neighboring rights do not apply. A few early (2.0, 2.5) European jurisdiction license ports also licensed database rights subject to the terms and conditions of the license.

In 3.0, the international (unported) license suite does not mention sui generis rights. However, ported 3.0 licenses for jurisdictions where those rights exist address them according to CC's 3.0 database rights policy. Under this policy, version 3.0 EU jurisdiction ports must license sui generis rights subject to the terms and conditions of the license just like copyright and neighboring rights, but also must waive license restrictions and conditions (attribution, ShareAlike, etc) for uses triggering database rights—so that if the use of a database published under a CC license implicated only database rights but not copyright, the CC license requirements and prohibitions would not apply to that use. The license conditions and restrictions, however, continue to apply to all uses triggering copyright. Other ports and the 3.0 international license are silent on sui generis database rights: databases and data are licensed (i.e., subject to restrictions detailed in the license) to the extent copyrightable, and if data in the database or the database itself are not copyrightable the license restrictions do not apply to those parts (though they still apply to the remainder). Thus, regardless of the CC 3.0 license at play (unported, an EU port, another port), uses that implicate only database rights will not trigger the license conditions, while uses that implicate copyright will.

Neither the international nor the ported licenses that address database rights export the sui generis rights to jurisdictions where such rights are not recognized (the ported licenses accomplish this as well through inclusion of a territoriality limitation). This avoids the imposition of restrictions based on sui generis rights via contract where those rights are not enforceable or recognized. You may compare how different jurisdictions implemented this section of the license.

Treatment of moral rights

In version 4.0, moral rights are waived to the limited extent necessary to exercise the licensed rights.

While the existence and extent of moral rights differ by jurisdiction, the most consistently present rights are those of attribution and integrity (the right to prevent or halt the prejudicial use of one’s work by another). The 1.0, 2.0, and 2.5 licenses were drafted to conform to U.S. law, and because U.S. law recognizes moral rights in only very limited circumstances, the generic versions of those licenses suites do not address moral rights of authors.

The international licenses began to address moral rights in version 3.0. In version 4.0, moral rights are waived or not asserted to the extent possible under local law, to the limited extent they would otherwise interfere with exercise of the licensed rights. This avoids establishing moral rights through the license where they would not otherwise exist, but recognizes that there are jurisdictions where this limited waiver is not possible. The attribution requirements in Section 3 of the 4.0 licenses may satisfy many jurisdictions' right of attribution; however, they are a requirement of the license regardless of whether moral rights apply to a use.

In the 3.0 license suite, CC addressed moral rights in the international (unported) licenses. CC did not include a waiver of those rights in the international licenses. Instead, the licenses specifically instruct users that they “must not distort, mutilate, modify or take other derogatory action in relation to the Work which would be prejudicial to the Original Author's honor or reputation.” The only exception is where the right to make adaptations would be considered prejudicial to the author's honor and reputation, in which case the licensor waives or agrees not to assert their moral right in order to allow adaptations to be made. The attribution requirement is designed in part to satisfy the right of attribution. In the porting process, some jurisdictions slightly adjusted this provision, with CC’s permission, to specify that moral rights are waived to the extent necessary to effect the license to the degree a waiver is possible under applicable law. You may compare how different jurisdictions implemented this section of the license.

Trademark and patent explicitly not licensed

In the 4.0 licenses, trademark and patent rights are expressly mentioned as not among the rights licensed.

No CC license version licenses patent and trademark rights along with copyright. These rights are treated separately and are not covered by the license. In 4.0, this was made explicit to avoid confusion. However, in all license versions, implied licenses may come into play where these rights would interfere with exercise of the rights granted by the CC license.

Attribution and marking

Attribution reasonable to means, medium, and context

In 4.0, the manner of attribution is explicitly allowed to be reasonable to the means, medium, and context of how one shares a work.

In the 1.0, 2.0, 2.5, and 3.0 licenses, attribution may be reasonable to the medium or means, and applied to all elements other than certain notices where the requirement is firm. In 4.0, this explicit permission applies to the medium, means, and context of use. We believe this to be a clarification rather than a change: attribution reasonable to the means, medium, and context of use should be permissible for works under any CC license. Additionally, the pre-4.0 licenses specified that credit in adaptations and collections should be at least as prominent as credits for other authors; 4.0 is not specific in this regard.

Reasonableness applies to all attribution requirements

In 4.0, all attribution requirements may be fulfilled reasonable to the means, medium, and context of the use.

In earlier license versions, compliance reasonable to means and medium of use was not expressly permitted for all elements, as certain notices were excluded; however, in 4.0 these are included in the elements that may be fulfilled in a reasonable manner.

Credit to others explicit

In 4.0, proper attribution requires credit to designated others where supplied by the licensor.

In the 1.0 and 2.0 licenses, CC licenses contemplated crediting the author only. Versions 2.5 and 3.0 allow licensors to identify another party or organization for attribution (called an “Attribution Party” in these licenses). This feature was introduced in part to alleviate burdensome or difficult attribution situations, such as when many people contribute to a collaborative effort and agree to be credited as a collective body. In licenses with this feature, licensors may designate another party for attribution purposes—such as a sponsor institute, publishing entity or journal—in addition to or instead of the author. You may review some of the concerns raised when CC proposed this change.

Licensors may request removal of attribution

In the 4.0 licenses, a user must remove attribution from a work at the creator's request to the extent it is reasonably practicable to do so. This is true whether the work is modified or unmodified.

All license versions after version 1.0 require attribution. However, legislation in many countries gives authors the right to control the use of their name in association with their works. Therefore, CC licenses require licensees to remove attribution to the creator at his or her request, where it would otherwise be required to include it. In 2.0, 2.5, and 3.0, credit must be removed from adaptations and collections, to the extent practicable, at the creator’s request. In 4.0, the creator may also request removal of credit from the unmodified work.

Title required

The title is not required for proper attribution in the 4.0 licenses. It is required in all earlier versions.

Beginning in version 1.0, one of the requirements for proper attribution was to include the title of the licensed work; this requirement was kept in versions 2.0, 2.5, and 3.0. In Version 4.0, this requirement was eliminated to increase flexibility and ease of compliance, particularly as many works do not have titles. Users are still encouraged to include titles where supplied.

URI required

For 4.0 licensed materials, a URI is required for proper attribution, if it is reasonably practicable to include.

The version 1.0 licenses contained no URI requirement. In version 2.0, CC introduced the requirement to retain a URI associated with a licensed work for proper attribution if it contains copyright notices or licensing information; this was kept through 2.5 and 3.0. In version 4.0, CC reconsidered this requirement. However, it was retained based on feedback from current and potential adopters that it is important for provenance, branding, and other reasons; a URI associated with the work is required as part of attribution if reasonably practicable to retain, regardless of whether it contains copyright notices or licensing information.

"No endorsement" clause included

In version 4.0, the license is clear that it should not be construed as giving permission to suggest the licensor endorses their use and similar.

In some jurisdictions, wrongfully implying that an author, publisher, or anyone else endorses a particular use of a work may be unlawful. Though not explicitly mentioned in the 1.0, 2.0, or 2.5 licenses, this has always been the case. The version 3.0 licenses contain an express no endorsement clause. In version 4.0, this clause is expressed as a limitation on the rights granted by the licensor.

Modifications and adaptations must be indicated

In the 4.0 license suite, licensees are required to indicate if they made modifications to the licensed material. This obligation applies whether or not the modifications produced adapted material. As with all other attribution and marking requirements, this may be done in a manner reasonable to the means, medium, and context. For example, "This section is an excerpt of the original." For trivial modifications, such as correcting spelling errors, it may be reasonable to omit the notice.

In the 3.0 suite, the obligation to indicate if modifications have been made applies if they result in the creation of an adaptation (when allowed by the license). Versions 1.0, 2.0, and 2.5 do not contain this requirement directly; however, the requirement in those licenses that the original work be credited if used in an adaptation (e.g., "French translation of the Work by Original Author") is some indication that the work has been modified. Even when not required, licensees are encouraged to indicate the material has been modified, and ideally (when reasonable) to describe or specify the changes made.

Other license features

Representations and warranties from licensor included

In version 4.0, the licensor does not provide representations and warranties regarding the licensed content.

In the 1.0 license suite, the licensor extends warranties—for instance, that the work does not infringe the work of another. These warranties were eliminated in all subsequent license versions. Versions 2.0, 2.5, 3.0 and 4.0 explicitly offer the work “AS IS” and disclaim all liabilities to the extent allowable by law. In 4.0, an interpretation clause was added to help ensure that the disclaimer would be interpreted as intended given variations in local law. Of course, licensors may continue to offer warranties and specialized disclaimers separately from the license.

Some ports of 3.0 include warranties where they may not be disclaimed under local law. You may compare how different jurisdictions implemented this section of the license.

Licensor expressly waives rights to enforce, and grants permission to circumvent, technological protection measures

Version 4.0 includes an explicit waiver of, or agreement not to assert, any right licensor may otherwise have to enforce anti-circumvention of any effective technological measures applied to licensed material. CC licensors may apply such measures to their own licensed material, but the 4.0 licenses ensure that, to the extent possible, users are able to exercise the licensed rights when applied by or with the permission of the licensor. To reinforce this, the version 4.0 licenses also expressly grant permission to circumvent those measures.

It is always possible for a licensor to upload his or her own work to a platform that applies technological protection measures, even though the licensor chooses to use a CC license. The permission for a third-party platform to apply ETMs is separate from the CC license, and the CC license cannot restrict that additional permission because CC licenses are nonexclusive. In many jurisdictions, that third party may be able to enforce ETMs through civil or criminal anti-circumvention laws even though the licensor has waived or agreed not to assert any such right under the CC license. Licensees should make themselves aware of any legal limits on their ability to circumvent ETMs in advance of doing so.

In versions 1.0, 2.0, 2.5, and 3.0, the waiver of any right to enforce and the permission to circumvent are not express; however, this does not preclude any implied right to do so that may exist.

Automatic restoration of rights after termination if license violations corrected

In version 4.0, licensees may regain their rights to use licensed material after the license terminates by correcting a license violation within 30 days of discovering it.

In all license versions, a breach of the license terms results in automatic termination. Under versions 1.0, 2.0, 2.5, and 3.0, express permission from the licensor is required for licensees to regain their rights to use the work. In version 4.0, a new provision allows the rights to be automatically reinstated without express permission from the licensor, provided that the violation is corrected within 30 days of its discovery. This is similar to provisions in a handful of other public licenses.

In all versions, a licensor may of course reinstate permissions at any time.

Collecting societies regimes addressed

Under 4.0, licensors waive any right to collect royalties under collecting society schemes if they have chosen licenses permitting commercial uses. A licensor may collect royalties for commercial uses for works under the NonCommercial licenses.

Many users of Creative Commons licenses are members of collective rights societies like ASCAP, BMI, BUMA/STEMRA, and others that manage copyright on behalf of owners. Every license version from the 2.0 suite onward contains clauses that account for the existence of those arrangements. They provide, for instance, that for works offered under a NonCommercial license, the licensor retains the right to collect royalties for commercial uses of the work. The structure of the provisions in the 2.0 and 2.5 licenses differs from that in the version 3.0 and 4.0 licenses. The 2.x licenses specifically regulate music, sound recordings, and webcasting. As those licenses were ported to different jurisdictions, those provisions were adjusted to conform to the local collecting society situation.

The version 3.0 licenses and later employ a broad, harmonized strategy to collective rights societies. This strategy still allows jurisdictions to adopt an approach that best aligns with local law and society structure in the 3.0 licenses, but also ensures that the approach is implemented consistently across jurisdictions. In the international license, as regards compulsory royalty collection, the licensor reserves any right they have to collect those royalties in jurisdictions in which collection cannot be waived. In those jurisdictions in which compulsory royalty collection can be waived, the right to collect royalties is waived completely for those licenses that permit commercial use, and is reserved for commercial uses in those licenses that permit NonCommercial use only. For voluntary royalty schema, the licensor reserves the right to collect royalties for commercial uses in those licenses that permit NonCommercial use only, and waives the right to collect such royalties for licenses permitting commercial use. This clause covers both individual royalty collection and, in the event that the licensor is a member of a collecting society that collects such royalties, collection via such societies to the extent permitted by law. Some ports of the version 3.0 licenses include only those clauses that address the particular situation in the jurisdiction. Others have adopted all the language from the international license in hopes of international harmonization, or out of concern that their jurisdiction’s regime may change. You may compare how different jurisdictions implemented this section of the license.

License-specific features

Compatibility mechanism in BY-SA licenses

Under the 4.0 licenses, licensees may use licenses designated by CC as compatible for their contributions to adapted material.

The ShareAlike licenses require that licensees make their contributions to adapted material available under the same terms and conditions, or, where the license allows, under a license designated by CC as compatible. The version 1.0 ShareAlike licenses require that adaptations be made under exactly the same license as applied to the original work. Starting with the release of the 2.x license suites, CC expanded compatibility by allowing contributions to adapted material to be created under the same or later version of the original license, including other ported versions of the same or later version of the license. The 3.0 Attribution-ShareAlike goes one step further, by allowing those contributions to be licensed under under a “Creative Commons Compatible License,” defined to mean licenses approved by CC as essentially equivalent to the 3.0 Attribution-ShareAlike license.

To date, CC has not approved any other licenses as compatible. However, CC will develop a compatibility process shortly following launch of the 4.0 licenses, and begin evaluating other licenses. You can view the list of compatible licenses, and a post about the upcoming compatibility process. You may also want to review CC’s statement of intent for the Attribution-ShareAlike licenses, and a draft statement that sets out further principles for the ShareAlike licenses.

Compatibility mechanism in BY-NC-SA licenses

In the 4.0 licenses, the same compatibility mechanism is present in the BY-NC-SA license as in BY-SA. Adapted material may be licensed under BY-NC-SA, version 4.0 or later, or any license CC has designated as compatible. To date, CC has not identified any other licenses as compatible; the process and criteria will be maintained on the compatibility page. There is no compatibility mechanism in the 1.0, 2.0, 2.5, or 3.0 versions of BY-NC-SA.

Adapted material usable under conditions of adapter's license

In version 4.0, CC added a provision in the ShareAlike licenses that enables downstream licensees to refer only to the adapter’s license when using adapted material that contains the copyrightable contributions of multiple authors. This feature is designed to minimize complexity for reusers where they are using a later version of the ShareAlike license or a compatible license as their adapter's license. In 4.0, users need only refer to a single set of conditions contained in the last license applied to reuse adapted material, rather than parsing the conditions of the original and other adapter's licenses (to the extent the licenses differ).

In all cases, the licenses stack (the later license does not supplant all previously-applied licenses) when adapted material is created. In particular, the license originally applied to the material being remixed continues to apply once remixed, however permission is given in 4.0 for licensees to meet the conditions of the 4.0 license with reference to those in the adapter's license.

Prior to the 4.0 versioning process, CC had not always been clear that the ShareAlike licenses stacked just as they stack for the BY and BY-NC licenses, and reasonable minds do differ on this point. CC believes, however, that this is the best reading of its all of its licenses that permit adaptations prior to 4.0 and, now, has made that explicit in version 4.0.

Adaptations of NoDerivatives material permitted when not shared

In Version 4.0, licensees are granted permission to create adaptations of material licensed under one of the NoDerivatives licenses, but not permission to share the adaptations publicly.

In general, private personal use does not require the permission of the licensor and, therefore, does not require that the conditions of the CC license be followed. In 4.0, NoDerivatives is a partial rather than an absolute limitation on the rights granted. It does not restrict the production of adaptations (an exclusive right of creators under copyright), but it does prohibit the public sharing of those adaptations (also an exclusive right of creators under copyright). This change enables private activities that may result in the creation of adaptations whether intentionally or unintentionally, such as adaptations made in the course or as a result of text and data mining.

The creation of adaptations in connection with those and other activities are not permitted under the 3.0 and earlier versions absent an applicable exception or limitation.

Features remaining unchanged across license versions

Attribution required

All of the CC licenses require attribution where "BY" is a license element, which is all but five of the eleven version 1.0 licenses.The required mode of attribution differs slightly among the versions, and is progressively more flexible with each version. The version 1.0 suite is unique because it contains five CC licenses that do not require attribution. All subsequent license suites make attribution a standard requirement, though the licensor may request removal in certain circumstances. It is also possible under all license versions for a licensor to release works anonymously, and to waive the requirement by not providing authorship information. Where an element of attribution information is not provided by the licensor, the licensee is not required to provide it.

Definition of "NonCommercial"

While the Creative Commons licenses have evolved over time, the scope of permitted uses under the NonCommercial licenses has remained unchanged across all license suites. (In 4.0, there was a small adjustment to the wording of the definition which was not intended to change its scope.) The NonCommercial clause prohibits the exercise of rights granted under the NonCommercial licenses “in any manner that is primarily intended for or directed toward commercial advantage or monetary compensation.” In 2008, Creative Commons conducted a study on the meaning of NonCommercial in the online environment.

During the 4.0 process, CC took another look at the role of these licenses in general as well as the NonCommercial definition, and considered a name change to "Commercial Rights Reserved". The ultimate decision was to leave unchanged the license name and definition.

Application of effective technological measures by users of CC-licensed works prohibited

All CC license versions prohibit licensees (as opposed to licensors) from using effective technological measures such as “digital rights management” software to restrict the ability of those who receive a CC-licensed work to exercise rights granted under the license. To be clear, encryption or an access limitation is not necessarily a technical protection measure prohibited by the licenses. For example, content sent via email and encrypted with the recipient's public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a set of users (e.g., with a username and password) does not restrict use of the work by the recipients. In the cases above, encryption or an access limitation does not violate the prohibition on technological measures because the recipient is not prevented from exercising all rights granted by the license (including rights of further redistribution).

This treatment was re-evaluated during the public process leading to release of the version 3.0 license suite. CC considered arguments in favor of such measures, coupled with an obligation of parallel distribution; these arguments were also reconsidered during the 4.0 process. However, in both versioning processes, those arguments were ultimately rejected.

Note that in 4.0, CC introduced a definition of Effective Technological Measures. This definition is not intended to change the scope of what is and is not allowed, but instead provide long-needed clarification over the scope of the prohibition.

Exceptions and limitations unaffected

All CC licenses only govern uses that would otherwise be restricted by copyright and other closely related rights as provided in the licenses. If a use is not regulated by virtue of an applicable exception or limitation, the license does not apply and there is no need to follow the license conditions. The licenses do not create obligations where they would not otherwise exist.

Effective for all copyrightable material

All Creative Commons license versions may be used with all copyrightable works (though CC recommends against using its licenses for computer software). Such works include compilations of data that exhibit the requisite level of creativity for copyright protection under applicable law. Thus, to the extent compilations of data are protected by copyright, Creative Commons licenses are suitable licenses for granting permission to exercise that right. For the avoidance of doubt, version 3.0 and 4.0 licenses explicitly identify compilations as material that may be licensed.

Note that sui generis database rights (existing separately from any copyright) are not explicitly licensed in the international suite until version 4.0.

Notices must be retained

The CC licenses all require users to retain a copyright notice, a notice of the disclaimers of warranties, and a license notice if supplied with the licensed material.

Synching creates adaptations

In all license versions, synching CC-licensed audio in timed relation with a video to create an audiovisual work creates an adaptation of that audio work for purposes of the license, regardless of whether the new work would be considered an adaptation under the relevant copyright law. This means, for example, that the requirements of ShareAlike are triggered if the audio work is licensed under a ShareAlike license, and that such works may be made but not shared if licensed under a NoDerivatives license as of version 4.0.

No sublicensing

None of the Creative Commons licenses grant permission to sublicense the licensed material. All of the licenses are direct licenses from the original licensor to all recipients. All permissions granted come directly from the original licensor, creating a direct relationship for enforcement and other purposes between the original licensor and all recipients.

Licensing of collections

Including a CC-licensed work in a collection (a work comprised of separate and independent works) is permitted by all CC licenses. However the collective work as a whole is licensed, the license on the collection does not affect the CC license applied to the work.

In 4.0, reference to distribution in a collection was removed from the license as unnecessary. There is no change from previous versions, however.

Licensing of contributions to BY and BY-NC adaptations

The 4.0 licenses make clear for the first time how contributions to adaptations of BY and BY-NC works may be licensed. Specifically, an adapting licensee may apply any license to her contributions provided that license does not prevent users of the adaption from complying with the original license. While new in 4.0, the introduction of this provision is intended as a clarifier only and is not a change from how earlier versions operate.

Licenses

Links to the International (unported) legal code for the six licenses making up the current suite, for each version:

4.0

3.0

2.5

2.0

1.0

Retrieved from "https://wiki.creativecommons.org/index.php?title=License_Versions&oldid=115094"

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#####EOF##### CC SearchFeedback
#####EOF##### Creative Commons — Attribution-NonCommercial-ShareAlike 3.0 Unported — CC BY-NC-SA 3.0
This page is available in the following languages: Languages
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Creative Commons License Deed

Attribution-NonCommercial-ShareAlike 3.0 Unported (CC BY-NC-SA 3.0)

This is a human-readable summary of (and not a substitute for) the license. Disclaimer.

You are free to:

  • Adapt — remix, transform, and build upon the material
  • The licensor cannot revoke these freedoms as long as you follow the license terms.

Under the following terms:

  • Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.

  • NonCommercial — You may not use the material for commercial purposes.

  • ShareAlike — If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.

  • No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.

Notices:

  • You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.
  • No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
#####EOF##### Creative Commons — Attribution-NonCommercial 4.0 International — CC BY-NC 4.0
This page is available in the following languages: Languages
cc logo

Creative Commons License Deed

Attribution-NonCommercial 4.0 International (CC BY-NC 4.0)

This is a human-readable summary of (and not a substitute for) the license. Disclaimer.

You are free to:

  • Adapt — remix, transform, and build upon the material
  • The licensor cannot revoke these freedoms as long as you follow the license terms.

Under the following terms:

  • No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.

Notices:

  • You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.
  • No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
#####EOF##### 4.0 draft 3 published – final comment period underway - Creative Commons
Creative Commons > Blog > Weblog > 4.0 draft 3 published – final comment period underway

4.0 draft 3 published – final comment period underway

Diane Peters

February 14, 2013
“… Civile”

“… Civile” / umjanedoan / CC BY

It’s a fitting start to CC’s second decade as a license steward that we are publishing for comment the third and final draft of version 4.0.

This draft has been long in the making, but we think it’s all the better for the extended discussion and drafting period, and therefore that much closer to finalization and realizing its full potential as an international license suite.

New in Draft 3

Much of our attention since publishing draft 2 has been focused on improving the license in ways tied to key objectives we had in mind when this process started a little more than a year ago.

Sui generis database rights – a weighty factor in our decision to version – are now handled more thoroughly and clearly. The changes introduced in draft 3 will be of particular benefit for data projects and communities forced to manage the complexities of licensing those rights in addition to copyright. The 4.0 suite will provide more certainty about application of the license and the obligations of re-users of data where those right apply. The revisions also reinforce CC’s policy of combatting the expansion of sui generis database rights beyond the borders of the few countries where they exist. Those rights and obligations remain safely confined.

Interoperability has been a second, important objective of this versioning process. Our BY and BY-NC licenses have never specified how adaptations may be licensed. This is a source of confusion at times for users, especially for those remixing materials under a variety of licenses whether within or external to the CC suite. In draft 3, we have introduced provisions specifying how contributions to adaptations built from BY and BY-NC licensed material must be licensed. The rule we introduce should be intuitive for most (and has always been true), and will be easily recognized by others because of its foundation in copyright. We are eager to hear feedback on whether it’s a workable rule in practice. If so, then these new provisions will clear the way for increased interoperability between those two licenses and other public licenses.

We have also introduced a number of features to better ensure that works can be reused as the licenses (and licensors) intend. We recognize that licensors are often required or encouraged to apply technological protection measures when distributing their works through large platforms, and that those TPMs can prevent the public from using the CC-licensed work as the license permits (reproduce, modify, share, etc.). The license is now clear that if users choose to circumvent those measures in order to exercise rights the CC licenses grant, the licensor may not object. In some situations others (such as the platform provider) may have the right to object, and in some circumstances and jurisdictions doing may still be a criminal offense. Our licenses do not help in those situations (and should not be relied upon to protect users in those cases). But at least between licensors and those reusers, circumvention is expressly authorized.

Several other changes have been introduced to improve the smooth functioning of the licenses, including a few worth highlighting here:

  • Although we have decided not to pursue a proposal that would have required licensors to offer representations and warranties, we now prominently highlight important before-licensing considerations that encourage rights clearances and proper marking of third-party content. These practices and considerations have long been promoted by CC. Placing them in closer proximity to the licenses educates licensors and encourages responsible licensing practices, and alerts the public to the limitations of the licenses.
  • The license now includes a mechanism that allows for automatic reinstatement of the license when a violation is cured within 30 days of discovery, while preserving a licensor’s right to seek remedies for those violations. This was a popular request, particularly by institutions wanting to use high-quality CC-licensed content in important contexts but who worried about losing their license permanently for an inadvertent violation.

Public Discussion – Featured Topics

In this third discussion period, we will be returning our attention to ShareAlike compatibility, the centerpiece of our interoperability agenda. We will take a harder look at the mechanism necessary to permit one-way compatibility out from BY-SA to other similarly spirited licenses like GPLv3, and whether one-way compatibility is, in fact, desired. We will also develop compatibility criteria and processes, though that may not conclude until after the 4.0 suite is launched. We expect to explore the introduction of a compatibility mechanism in BY-NC-SA similar to that already present in BY-SA. Draft 3 incorporates the changes that would accomplish all of this, if the decision is made to pursue these actions following vetting with our community.

Internationalization will also be a highlight of this discussion period. We will be making a final push with our legal affiliates to fine tune the legal code so the licenses operate as intended and are enforceable around the world. As part of this, we expect a full discussion on the new interpretation clause that establishes a default rule for how the license should be interpreted.

Other topics we will be covering include attribution and some finessing of those requirements. And as publication time draws nearer, we will also be having discussions about the license deed and related matters. You can find a complete list of open topics, a list of changes in draft 3 and a side-by-side comparison of Draft 2 and Draft 3 (237 KB PDF) on our 4.0 wiki, as well as downloads and links to all six draft licenses.

We look forward to hearing from you in this final comment stage. Check out all six of the 4.0d3 licenses, and join the CC license development and versioning list, or contribute ideas directly to the 4.0 wiki.

Thanks again for a productive comment period. Thanks for the many valuable contributions to date!

Category:Weblog

5 thoughts on “4.0 draft 3 published – final comment period underway”

  2. Thanks! This looks great and seems to be on track to achieve the right balances. Certainly compatibility issues are the primary concern, and anything which promotes compatibility without destroying the effect of copyleft is a step in the right direction.

  5. Not will the advancement of free software developed by freelance from home do that every time they sold more licenses but is marketed a product of much worse quality?

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#####EOF##### ShareAlike compatibility: FAL - Creative Commons

ShareAlike compatibility: FAL

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This page documents the primary decisions made by Creative Commons when considering the Free Art License 1.3 ("FAL") for ShareAlike compatibility pursuant to the compatibility process and criteria.

Timeline

License texts analyzed

Note that the compatibility process and discussion was conducted by CC in English, with reference to the English texts of the licenses.

How compatibility operates

When someone adapts a BY-SA work and applies the FAL to her contributions, both licenses apply and downstream users must comply with both. However, because of Section 2(a)(5)(B) of BY-SA 4.0, anyone who receives the adapted material downstream may satisfy the conditions of both BY-SA and FAL (i.e. attribution and ShareAlike) in the manner dictated by the FAL.

When someone adapts an FAL work and applies BY-SA 4.0, the the terms and conditions of the BY-SA 4.0 license apply to the entire work, including those elements originally licensed under the FAL. As in the BY-SA to FAL scenario, however, both authors must be attributed.[1]

For more information, see the compatibility-specific FAQs and explanatory information here.

Gatekeeping determination

In 2008, Creative Commons published the CC Attribution-ShareAlike Statement of Intent, in which CC articulated its intentions as steward for the SA licenses. In point 4 of the statement, CC commits that "any candidate for compatibility must also satisfy the definition of a Free Cultural License set out in the Definition of Free Cultural Works." This criteria serves as the initial gatekeeping factor for all candidate licenses.

The Free Art License 1.3 is listed as a Free Cultural License, and conforms to the Open Definition.

Policy decisions

Attribution

The two licenses have slightly different attribution and marking requirements. The FAL has fewer total requirements than BY-SA, but it does have some requirements that are not included in BY-SA.

The FAL requires:

  1. name of author(s),
  2. attach license to work or indicate where license can be found
  3. info on where to access the originals (Sec 2.2)

BY-SA requires:

  1. creator and attribution parties
  2. copyright notice
  3. license notice
  4. disclaimer notice
  5. URI or link to the licensed material
  6. indicate and link to license (Sec 3a1)

CC determined that the minor differences in attribution and marking requirements were not significant enough to disrupt licensor expectations or cause problems for licensees.

License scope

The FAL licenses copyright and performance rights, though licensors are prohibited from using related rights to prevent exercise of the permissions granted by the license. BY-SA 4.0, on the other hand, licenses some rights beyond copyright, such as sui generis database rights and neighboring rights. Unlike the FAL, BY-SA requires compliance with its conditions (attribution, ShareAlike) even when only those other rights, and not copyright, are being exercised by the reuser.

For compatibility purposes, when someone adapts a BY-SA work and applies the FAL to their contribution, there is a possibility that a downstream user may not realize they need to attribute and comply with the ShareAlike condition when they exercised a right other than copyright covered by BY-SA before sharing it. As a practical matter, however, we feel this is unlikely to be a major problem given that most reusers will either be unwilling or unable to discern when one type of right is implicated but not another closely related right. Accordingly, we expect most reusers are likely to attribute and/or ShareAlike where there is uncertainty.

Effective technological measures

Unlike BY-SA, the FAL does not explicitly prohibit the application of DRM or other effective technological measures ("ETMs") to the licensed work, but it prohibits users from doing anything that prevents others from exercising the license freedoms. Because this implicitly disallows ETMs, we feel this difference is not significant enough to preclude a compatibility determination.

Automatic reinstatement after termination

Unlike BY-SA, the FAL does not have a provision allowing licensees to automatically get their rights back under the license after they correct a violation. When a BY-SA work is adapted and the FAL is applied, at worst, licensees will not realize their rights are automatically reinstated under certain circumstances. We do not feel this is an obstacle to compatibility.

Option to comply with later versions

The FAL gives licensees the option to comply with a later version of the FAL, regardless of whether the work has been adapted. BY-SA, on the other hand, allows licensees to comply with the conditions of future versions of BY-SA, but only if that version was applied to an adaptation of the work. When a BY-SA work is adapted and the FAL is applied, licensees may attribute and ShareAlike according to the conditions of the FAL 1.3. The FAL provision giving the option to comply with later versions should not affect licensees' obligations vis-a-vis BY-SA 4.0 unless and until later versions of the FAL are deemed compatible to BY-SA 4.0.

Related policy notes

Creative Commons consulted extensively with the steward of the Free Art License during the 4.0 versioning process, as well as throughout the compatibility process on the policy matters described above. Especially where two-way compatibility is at issue, the opinions, interpretations, and support of the candidate steward are critical components of CC's analysis, as are the support and expectations of the community the steward serves. The final determination and policy statements above reflect the best interpretations by both stewards of their respective licenses.

Notes

  1. ↑ The interpretation of the FAL steward on this issue was provided in this email during the compatibility process.
Retrieved from "https://wiki.creativecommons.org/index.php?title=ShareAlike_compatibility:_FAL&oldid=100376"

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#####EOF##### How to give attribution - Creative Commons
Creative Commons > Use & remix > How to give attribution

How to give attribution

Here is a photo. Following it are some examples of how people might attribute it.

This is an ideal attribution

“Creative Commons 10th Birthday Celebration San Francisco” by tvol is licensed under CC BY 2.0

Because:

How you attribute authors of the CC works will depend on whether you modify the content, if you create a derivative, if there are multiple sources, etc. Find out more about attribution on the CC Wiki.

#####EOF##### Creative Commons — 署名-相同方式共享 3.0 未本地化版本 — CC BY-SA 3.0
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知识共享授权契约

署名-相同方式共享 3.0 未本地化版本 (CC BY-SA 3.0)

这是一份普通人可以理解的许可协议概要 (但不是替代) 。 免责声明.

您可以自由地：

  • 演绎 — 修改、转换或以本作品为基础进行创作
  • 在任何用途下，甚至商业目的。
  • 只要你遵守许可协议条款，许可人就无法收回你的这些权利。

惟须遵守下列条件：

  • 没有附加限制 — 您不得适用法律术语或者 技术措施 从而限制其他人做许可协议允许的事情。

声明：

  • 您不必因为公共领域的作品要素而遵守许可协议，或者您的使用被可适用的 例外或限制所允许。
  • 不提供担保。许可协议可能不会给与您意图使用的所必须的所有许可。例如，其他权利比如形象权、隐私权或人格权可能限制您如何使用作品。
#####EOF##### Privacy Policy (pre 2018-09-13) - Creative Commons
Creative Commons > Privacy Policy > Privacy Policy (pre 2018-09-13)

Privacy Policy (pre 2018-09-13)

1. Preamble

This Privacy Policy explains the collection, use, processing, transferring and disclosure of personal information by Creative Commons Corporation (“CC” or “Creative Commons”), a Massachusetts charitable organization.

This Privacy Policy is incorporated into and made part of Creative Commons Master Terms of Use (“Master Terms”) located at https://creativecommons.org/terms.

Unless otherwise noted on a particular website or service hosted by Creative Commons, this Privacy Policy applies to your use of all websites that Creative Commons operates. These include https://creativecommons.org, https://wiki.creativecommons.org, https://network.creativecommons.org, https://search.creativecommons.org, https://labs.creativecommons.org, http://openpolicynetwork.org, http://open4us.org, https://rightsback.org, http://teamopen.cc, and http://thepowerofopen.org, together with all other subdomains thereof, (collectively, the “Websites”). This Privacy Policy also applies to all products, information, and services provided through the Websites, including without limitation the license chooser, legal tools, the CC Login Services (defined below), and the CC Global Network community website (together with the Websites, the “Services”).

Please note that Creative Commons does not operate the website at http://ccmixter.org.

In addition, supplemental Privacy Policy terms (“Supplemental Privacy Policy Terms”) may apply to a particular Service, such as rightsback.org (https://rightsback.org/privacy-policy/). All such Supplemental Privacy Policy Terms will be accessible for you to read either within, or through your use of, that particular Service.

By accessing or using any of the Services, you are accepting and agreeing to the practices described in this Privacy Policy.

2. Our Principles

Creative Commons has designed this policy to be consistent with the following principles:

  • Privacy policies should be human readable and easy to find.
  • Data collection, storage, and processing should be simplified as much as possible to enhance security, ensure consistency, and make the practices easy for users to understand.
  • Data practices should always meet the reasonable expectations of users.

3. Personal Information CC Collects and How it is Used

As used in this policy, “personal information” means information that would allow someone to identify you, including your name, email address, IP address, or other information from which someone could deduce your identity.

CC collects and uses personal information in the following ways:

Website and Fundraising Analytics: When you visit our Websites and use our Services, CC collects some information about your activities through tools such as Google Analytics. The type of information that we collect focuses on general information such as country or city where you are located, pages visited, time spent on pages, heat-map of visitors’ activity on the site, information about the browser you are using, etc. CC collects and uses this information pursuant to our legitimate interest in enhancing the security and utility of our Services. The information we gather and process is used in the aggregate to spot trends without deliberately identifying individuals, except in cases where you engage in a transaction with Creative Commons by donating money, purchasing merchandise, or buying a ticket for an event or program. In those cases, CC retains certain information about your visit to the Services pursuant to its legitimate interest in understanding its community of supporters for fundraising purposes, and this information is stored in connection with other personal information you provide to CC.

Note that you can learn about Google’s practices in connection with its analytics services and how to opt out of it by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout. If you would like to opt out of CC’s fundraising analytics, please contact legal@creativecommons.org with your request.

Information from Cookies: We and our service providers (for example, Google Analytics as described above) may collect information using cookies or similar technologies for the purposes described above and below. Cookies are pieces of information that are stored by your browser on the hard drive or memory of your computer or other Internet access device.  Cookies may enable us to personalize your experience on the Services, maintain a persistent session, passively collect demographic information about your computer, and monitor advertisements and other activities. The Websites may use different kinds of cookies and other types of local storage (such as browser-based or plugin-based local storage).

Log-In Services: When you register to obtain a user account on any of the Services (any such person, a “Registered User”), including but not limited to the CCID service available at https://login.creativecommons.org/login, you will be asked to provide personal information to create your account and establish a password and profile. CC collects and uses this personal information pursuant to its legitimate interest in establishing and maintaining your account providing you with the features we provide Registered Users. We may use your email address to contact you regarding changes to this policy or other applicable policies. The name or nickname you provide in connection with your account may be used to attribute you in connection with any content you submit to any Service. In addition, whenever you use a CC Login Service to log into a Website or use the Services, our servers keep a plain text log of the Websites you visit and when you visit them.

Events: When you sign up for an event hosted or supported by Creative Commons, you will be asked to provide some personal information, including your name, email address, and other information as needed. CC collects and uses this personal information pursuant to its legitimate interest in organizing and running the relevant event. We may share your personal information with vendors, third party contractors, partner organizations, and volunteers for the purpose of organizing and running the event and related activities.

Emails and Newsletters: When you sign up to receive updates from Creative Commons or otherwise subscribe to one of our mailing lists, you will be asked to provide some personal information. CC collects and uses this personal information pursuant to its legitimate interest in providing news and updates to, and collaborating with, its supporters and volunteers.

Email Analytics: When you receive communications from CC after signing up for the CC newsletter, campaign updates, or other ongoing email communications from CC, we use analytics to track whether you open the mail, click on the links, and otherwise interact with what we send. You may opt out of this tracking by choosing to get plain-text emails from CC. CC collects and uses this personal information pursuant to its legitimate interest in understanding the interests of its community of supporters and volunteers in order to provide more relevant news and updates.

Donations: When you donate money to Creative Commons, purchase merchandise at https://store.creativecommons.org/, or pay for attendance at an event or participation in the CC Certificate program, you will be asked to provide personal information, including payment information. CC collects and uses this personal information pursuant to its legitimate interest in raising funds to ensure the sustainability of our nonprofit organization and, where applicable, to provide you with the merchandise, event, or program you purchased.

Creative Commons Global Network (“CCGN”) Membership: In connection with your application for CCGN membership, you will be required to provide certain personal information. CC collects and uses that personal information pursuant to its legitimate interest in evaluating applications for CCGN membership and for helping to manage the CCGN once you are admitted.

In connection with your application you will be required to have two CCGN members provide information about you in order to vouch for you as a potential member of the CCGN. The personal information you provide with your application will be shared with the individuals you select to vouch for you, and with those reviewing your application, including the Membership Council whose members include people not employed by Creative Commons and who are located in various countries around the world.

If you vouch for someone’s application to the CCGN, your personal information will be shared with those reviewing the application, including the Membership Council, and if you provide a positive vouching statement, that statement will be shared with the applicant if and when they are admitted for membership.

If you are admitted to membership in the CCGN, you will be given a public profile page, editable by you, which will be pre-populated with certain information you provide with your application. Your name, areas of interest, images and other content you upload will be publicly displayed to anyone who visits the site while logged in with their CCID. All other personal information that you submit to your profile page, including your biographical information, email address, languages spoken, country of residence, social media account information or URL details will be displayed only to CC and CCGN members. Further, if you are admitted, your information will be transferred to and from the various fora that further the CC mission and enable the CCGN, including country chapters, platforms, working groups, and the Membership Council, for purposes of governance participation, activity interaction, and other purposes related to the mission, vision, and activities of CC.

If your CCGN membership application is rejected, the personal information that was collected from you and from the voucher will be deleted 21 days after CC sends out the decision, with the exception of the voucher’s vote or abstention (e.g., vouch for applicant / does not vouch for applicant).

Funding and Participation Opportunities: When you apply for a scholarship, grant, or fellowship from Creative Commons, or when you apply to be selected to participate in one of our other programs, CC will collect certain personal information from you in order to evaluate your application and process your funding as necessary. CC collects and uses this personal information pursuant to its legitimate interest in providing funding and participation opportunities to its supporters and volunteers and in order to comply with its legal obligations under applicable law. We will share that information with the people who are designated to select participants in, and help manage, those programs, which may include people not employed by Creative Commons.

Other Voluntarily Provided Information: When you provide feedback to Creative Commons, sign a petition distributed by CC, or otherwise submit personal information to Creative Commons, CC collects and uses this personal information pursuant to its legitimate interest in better understanding our community of supporters and volunteers and in furtherance of the particular program or activity to which you provided feedback or other input.

License/Tool Selection . We use the personal information you provide to us as part of your selection of one of our licenses/tools to provide you the RDF, html, and the uniform resource locator that correspond to the license/tool you selected. Some older versions of the license chooser enable Creative Commons to send you this information via email. In those cases, your email address is expunged after this email has been sent. We may use all of this information to maintain usage data about our licenses/tools.

4. Retention of Personal Information

The majority of the personal information collected and used as explained in Section 3 above is aggregated and stored in a central database provided by a third party service provider. CC aggregates this data pursuant to its legitimate interest in having information stored in a single location to minimize complexity, increase consistency in internal practices, better understand its community of supporters and volunteers, and enhance the security of the data.  

CC erases the web browser logs described above on a regular, rolling basis.

5. Access to Your Personal Information

You are generally entitled to access personal information that Creative Commons holds and to have inaccurate data corrected or removed to the extent CC still maintains it. In certain circumstances, you also may have the right to object for legitimate reasons to the processing or transfer of personal information. If you wish to exercise any of these rights, please write to legal@creativecommons.org explaining your request.

6. Disclosure of Your Personal Information

CC does not disclose personal information to third parties except as specified elsewhere in this policy and in the following instances:

  1. Creative Commons may share personal information with our contractors and service providers in order to undertake the activities described in Section 3.  
  2. We may disclose your personal information to third parties in a good faith belief that such disclosure is reasonably necessary to (a) take action regarding suspected illegal activities; (b) enforce or apply our Master Terms and this Privacy Policy; (c) enforce our Charter, including the Code of Conduct and policies contained and incorporated therein, or (d) comply with legal process, such as a search warrant, subpoena, statute, or court order.

7. Security of Your Personal Information

Creative Commons has implemented reasonable physical, technical, and organizational security measures for personal information that Creative Commons processes against accidental or unlawful destruction, or accidental loss, alteration, unauthorized disclosure or access, in compliance with applicable law. However, no website can fully eliminate security risks. Third parties may circumvent our security measures to unlawfully intercept or access transmissions or private communications. If any data breach occurs, we will post a reasonably prominent notice to the Websites and comply with all other applicable data privacy requirements including, when required, personal notice to you if you have provided and we have maintained an email address for you.

The CC Login Services account systems have security risks in addition to those described above. Among other things, they are vulnerable to DNS attacks, and using any CC Login Service may increase the risk of phishing.

8. Children

The Services are not directed at children under the age of 13. Consistent with the U.S. federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personal information from anyone under the age of 13 without requiring parental consent. Our Master Terms specifically prohibit anyone using our Services from submitting any personally identifiable information about persons under 13 years of age. Any person who provides their personal information to CC through the Services represents that they are 13 years of age or older.

9. Third Party Service Providers

Creative Commons uses many third party service providers in connection with the Services, including website hosting services, database management, credit card processing, and many more. Some of these service providers may place session cookies on your computer, and they may collect and store your personal information on our behalf in accordance with the data practices and purposes explained above in Section 3.

10. Third Party Sites

The Services may provide links to a wide variety of third party websites. You should consult the respective privacy policies of these third-party websites. This Privacy Policy does not apply to, and we cannot control the activities of, such other websites.

11. Transferring Data to Other Countries

If you are accessing or using the Services in regions with laws governing data collection, processing, transfer and use, please note that when we use and share your data as specified in this policy, we may transfer your information to recipients in countries other than the country in which the information was originally collected. Those countries may not have the same data protection laws as the country in which you initially provided the information.

The Services are currently hosted in the United States and the United Kingdom, which means your personal information may be located on servers in the United States and/or the United Kingdom. The majority of contractors that Creative Commons is using as of the effective date of this Privacy Policy are located in the United States and in Canada, but this may change from time to time.

Data transferred from the European Union to the United States or outside the European Union will be made on the grounds of a certification to the E.U./U.S. Privacy Shield regime and/or a data transfer agreement based on the Standard Contractual Clauses approved of by the European Commission respectively, consistent with applicable data privacy requirements.

12. Changes to this Privacy Policy

We may occasionally update this Privacy Policy. When we do, we will provide you with notice of such update through (at a minimum) a reasonably prominent notice on the Websites and Services, and will revise the Effective Date below. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting, using, processing and transferring the personal information we collect.

Effective Date: 25 May 2018. For an archive of previous CC privacy policies, see here.

#####EOF##### Building CC's Network at scale for a new era of growth and opportunity - Creative Commons
Creative Commons > Blog > About CC > Building CC’s Network at scale for a new era of growth and opportunity

Building CC’s Network at scale for a new era of growth and opportunity

How can we build a Global Network at scale, empower members and communities to lead, and drive a new era of growth and opportunity for Creative Commons and its community?

Simeon Oriko

January 10, 2019
global-network-drawing
Creative Commons Global Network Strategy by Giulia Forsythe. CC0 Source: Flickr

How can we build a Global Network at scale, empower members and communities to lead, and drive a new era of growth and opportunity for Creative Commons and its community? CC has been engaged with this question over the past few years as we rebuild our Global Network to work better together. Today, we’re celebrating 306 individual members and 42 institutional members! Membership is distributed across 68 countries, and 31 chapters – a truly global movement for the Commons.

Structured membership has been the key to the network’s growth. With a network site and robust vouching system, our members are self-organizing in platforms, committees, and chapters with clear, inclusive pathways for contribution.

In November, the network’s governing council met to solidify and approve network activity, which means that now is a great time to join the platform of your choice. The list of platforms, working documents, and invitation to get involved is below:

  1. Open Education Platform
    • Platform working document
    • 845 members from 55+ countries
    • platform vision, mission, scope, goals, principles approved
    • Working on process to propose, select, fund and launch international open education activities / projects
  2. Copyright Reform Platform
    • Platform working document
    • 150 members
    • Platform rationale, goals and objectives, areas of engagement approved
    • Working on drafting collaborative projects
  3. Community Development Platform
  4. Open GLAM Platform
  5. Culture Platform

Whether you’re a CC Newbie or a seasoned Commoner, you’re invited to join the platform of your choice to connect, build, and grow. Want to jumpstart your involvement? Register for the CC Summit today and meet community members from around the world.

Other ways to get involved:

Category:About CC
Tags:,

  • Donate to help keep the internet free and open!

  • This field is for validation purposes and should be left unchanged.
#####EOF##### Creative Commons — Attribution-NonCommercial-ShareAlike 4.0 International — CC BY-NC-SA 4.0
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Creative Commons License Deed

Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0)

This is a human-readable summary of (and not a substitute for) the license. Disclaimer.

You are free to:

  • Adapt — remix, transform, and build upon the material
  • The licensor cannot revoke these freedoms as long as you follow the license terms.

Under the following terms:

  • Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.

  • NonCommercial — You may not use the material for commercial purposes.

  • ShareAlike — If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.

  • No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.

Notices:

  • You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.
  • No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
#####EOF##### Policies - Creative Commons
Creative Commons > Policies

Policies

Creative Commons maintains and publishes policies that apply to the use of our websites, content and software that we publish, our trademarks, and to those participating in the Creative Commons Global Network, including Individual and Institutional Members, as well as non-Members who participate in CC projects around the world. Note that some of these policies are maintained on other website pages but can be viewed by clicking on the relevant link below.

The following policies are applicable to anyone who uses our websites.

The Creative Commons Trademark Policy applies to anyone who uses the CC trademarks.

When you participate in the Creative Commons Global Network (“CCGN”) as a member or non-member, in addition to the generally applicable policies on this page, the following legal policies apply to you as you engage with CC and the network:

CC’s Licensing Statement for Content and Software Code

Other than the Creative Commons trademarks (licensed subject to the Trademark Policy below) and the text of Creative Commons legal tools and human-readable Commons deeds (dedicated to the public domain as specified below), all content on this site is licensed under the Creative Commons Attribution 4.0 International license unless otherwise marked.

Software: All of the software code we create is free software. Please check our code repository for the specific license that applies to software code you wish to use.
Legal text (we call this legal code) and Commons deeds: Creative Commons makes the legal code of its licenses and the CC0 Public Domain Dedication available under the CC0 Public Domain Dedication. CC also makes the Commons deeds associated with its licenses, the CC0 Public Domain Dedication, and the Public Domain Mark available under the CC0 Public Domain Dedication. This allows anyone to reuse those texts for any purpose; however, CC reserves fully and unconditionally all trademark and branding rights associated with the licenses, the CC0 Public Domain Dedication, and the Commons deeds. See the Trademark Policy below for more detail.

Creative Commons Trademark Policy

Trademarks are words, graphic designs, or other indicia that identify the source of a product or service. Creative Commons uses a variety of trademarks. Some Creative Commons trademarks serve the purpose of (i) communicating the type of legal tool chosen by the rights holder and/or (ii) indicating that the creator has applied a Creative Commons license to her work. Our registered trademarks and other trademarks include CREATIVE COMMONS (regardless of stylization, capitalization, translation, or other presentation), CC (including the CC in a circle logo (the “CC Logo”) and CC standing alone), CC+ (within a circle or standing alone) and CCPlus, CC0, all of the Creative Commons license and public domain buttons and icons, and any combination of the foregoing, whether integrated into a larger whole or standing alone. This also includes all of the CC trademarks incorporated into Unicode and any other similar standard.

You are authorized to use our trademarks subject to this Trademark Policy, and only on the further condition that you download images of the trademarks directly from our website or apply them through an authorized provider, including software that incorporates the trademarks in Unicode. You are not authorized to use any modified versions of our trademarks, except that you may use a different color for the CC logo and its background so long as the two colors chosen have a contrast ratio of at least 3:1.

Creative Commons retains the right to revoke any trademark license for any reason or for no specified reason. Creative Commons is particularly likely to revoke a license if, in its sole discretion, it finds that your use of the trademark is likely to bring disrepute to Creative Commons or any of its trademarks, or confuses the public. For the avoidance of doubt, you do not need our permission to use our corporate logo for referential use (e.g., to refer to Creative Commons as an organization), provided that such use does not imply endorsement by or association with Creative Commons.

For the avoidance of doubt, no member of the CC affiliate network or of the CC Global Network, including chapters, is authorized to use CC’s trademarks except in compliance with this policy. This includes, without limitation, that no use of CC trademarks may be used for projects or activities that are not expressly approved in advance by Creative Commons (via legal@creativecommons.org). Creative Commons intends to update these policies in advance of the CC Global Summit 2018, and once updated will apply to all members of the CC Global Network.

Modification of CC Licenses: To prevent confusion and maintain consistency, you are not allowed to use CREATIVE COMMONS, CC, the CC Logo, or any other Creative Commons trademarks with modified versions of any of our legal tools or Commons deeds, including modifications that do not modify the legal code directly but that further restrict or condition the rights granted by the particular legal tool. These modifications are often contained in a website’s terms of use, and where they are present you may not suggest that you are offering works under a Creative Commons legal tool. For the avoidance of doubt, you may not use any CC trademarks with unofficial language translations of CC licenses. See this page for more information.

Creative Commons Public Copyright License Marks: Creative Commons licenses the use of its public copyright license marks, which include the CC Logo, on the conditions that you use the marks solely to describe the Creative Commons license that applies to a particular work and, in a manner reasonable to the medium and context, include the URI or a hyperlink to the corresponding Commons deed on the Creative Commons server.

Public Domain Dedication Marks: Creative Commons licenses the use of its public domain dedication marks, on the conditions that you use the mark solely to describe that the CC0 Public Domain Dedication applies to a particular work and, in a manner reasonable to the medium and context, include the URI or a hyperlink to the Commons deed on the Creative Commons server.

Public Domain Mark: Creative Commons licenses the use of its trademarked Public Domain Mark badge on the conditions that you use the mark solely to describe that the Creative Commons Public Domain Mark applies to a particular work and, in a manner reasonable to the medium and context, include the URI or hyperlink to the Public Domain Mark on the Creative Commons server.

Creative Commons License Buttons and Icons: Creative Commons licenses the use of its button marks that describe a particular legal tool and its icon marks that describe a key license element, such as BY, NC, ND, and SA, on the conditions that you use the mark solely to describe the Creative Commons legal tool that applies to a particular work and, in a manner reasonable to the medium and context, include the URI or hyperlink to the relevant Commons deed on the Creative Commons server.

Legacy marks: Creative Commons has retired some of its prior legal tools, all of which have associated trademarks, such as the Developing Nations License, the Sampling License, and Founder’s Copyright. Although these tools have been retired and are no longer recommended for use, they are still legally effective as to works to which they are applied. Therefore, those trademarks may only be used under the terms and conditions of this Trademark Policy. Creative Commons licenses the use of its legacy marks on the conditions that you use the mark solely to describe the Creative Commons legal tool that applies to the particular work and, in a manner reasonable to the medium and context, include the URI or hyperlink to the relevant Commons deed on the Creative Commons server. Note that legacy marks are not available for download on our website.

Additional permissions: In addition to the permissions granted in advance to the public as set forth above, Creative Commons may agree to grant additional permissions upon request. Please submit any such request to legal@creativecommons.org. Except as specifically stated above or otherwise set forth in a written agreement with you, no additional permissions are granted.

Merchandising Policy: If you would like to use the Creative Commons or other CC trademarks on clothing or other merchandise, you must first receive permission from Creative Commons. Please submit your request to legal@creativecommons.org.

CCGN Internet Services Policy

This Policy governs the operation of websites, social media accounts, and mailing lists for CC Chapters in the Creative Commons Global Network.

Chapter Websites

To avoid confusion, all Chapters should have one principal public source of online information about the Chapter and its activities. Chapters can choose to use a subdomain provided and hosted by CC HQ, or Chapters can use a domain name of their own and host/manage the site themselves. If Chapters use their own domain name, the subdomain will be forwarded, so that everyone coming to creativecommons.org can find the site.

                       Subdomains: Creative Commons will establish a subdomain on its main website for each Chapter. The sub-domain will consist of xx.creativecommons.org, where xx is the top-level domain extension for the Project’s jurisdiction (e.g., ca.creativecommons.org). The subdomain will be maintained by CC HQ as part of a WordPress multisite setup. Each Chapter is asked to designate at least one representative to be on point to correspond with CC about administrator access privileges to the subdomain.

                       Top-Level Domain Names (“TLDs”) and Country Code Top-Level Domains (“ccTLD”): Chapters may decide to use a separate domain name. We ask that such website holders hold the domain name and website in trust for Creative Commons, and add Creative Commons as a technical contact on the WHOIS for the site. If, at any time, the Chapter decides that the website and domain should be operated by another person or institution or retired, the website holder must cooperate in the transfer or lapse of the website and domain, as applicable. Creative Commons reserves the right to decide that a TLD must be transferred to Creative Commons or shut down in order to avoid trademark confusion, if a Chapter was unable to continue operating, or for any other reason.

Chapter Website Content

All website content on Chapter Websites should be made available under a CC license, ideally CC BY 4.0 or CC0. Chapters should establish their own guidelines for continued operation and updating of their Chapter Website, consistent with the Chapter Guidelines (https://github.com/creativecommons/global-network-strategy/blob/master/docs/chapters-guidelines.md) and other CC policies. All Chapter Websites must include a prominent disclaimer that the website does not provide legal advice. CC reserves the right to request the removal of any content that fails (in CC’s sole discretion) to comply with this or other CC policies.

Chapter Website Administration

As part of the main Creative Commons website, the subdomains are managed by Creative Commons and therefore subject to all of the policies of the CC site, including the DMCA policy, terms of service, and privacy policy. Every participant in a Chapter agrees to comply with all such policies and will take any actions requested by CC in order to ensure compliance. Unlike subdomains, Chapters that choose to operate TLDs in accordance with the above are alone responsible for ensuring that they establish and maintain terms of service, a privacy policy, and any other policies necessary to comply with applicable laws, including copyright and data privacy laws.

Chapter Social Media Accounts

Chapters may establish and maintain a single account on a reasonable number of public-facing social media platforms on behalf of the Chapter. The Chapter should track the accounts, platforms, and login information as they are established, and alert CC as to which accounts it has and who operates them on behalf of the Chapter. The Chapter is responsible for ensuring consistency and quality in the content and operation of those accounts, and may establish guidelines in accordance with the Chapter Guidelines (https://github.com/creativecommons/global-network-strategy/blob/master/docs/chapters-standards.md) to achieve this.

Chapter Mailing Lists

If a Chapter wants to set up and maintain a mailing list for its activities, the Chapter may use the services provided by Creative Commons. Whether or not using CC-provided mailing lists, everyone participating in a Chapter must comply with data privacy laws when dealing with participant email addresses and other personal information.

Chapter Github Repositories

Each Chapter may request that Creative Commons open one repository on their behalf on CC’s organization account on Github. The Chapter is responsible for ensuring that the repository is used in accordance with Github terms and applicable law.

Note: This policy may be updated from time to time following consultation and collaboration with the Global Network Council.

Chapter Logo Policy

Every CC Chapter around the world, once established in accordance with the Charter and other applicable rules and guidelines, may create a single logo to designate their particular country chapter (“Chapter Logo”). The Chapter Logo must include our “Creative Commons” name and/or our CC in a circle logo in their original font and style.

Chapter Logo Approval: The Chapter Lead must submit the Chapter Logo to legal@creativecommons.org for approval. For the avoidance of doubt, this approval requirement applies even in cases where a Chapter selects a logo that was previously used in connection with a CC affiliate team under the prior network governance model.

Use of the Chapter Logo: We give you permission to use the approved Chapter Logo of the CC Chapter in which you are a participant, solely in order to promote and further the CC-related work done by your CC Chapter consistent with the Charter [https://creativecommons.org/network/charter/], the rules established by the CC Global Network Council, and the policies and positions established by Creative Commons. We recognize that you and the other individuals and institutions involved in your CC Chapter are also engaged in jobs, projects, and activities that are tangentially or unrelated to CC.  For the avoidance of doubt, you and others involved in the CC Chapter are not entitled to use the Chapter Logo for any purposes other than those stated above.

We will continue to work with you to ensure that you and others involved in the CC Chapter use the Chapter Logo in a manner consistent with the principles and policies of CC.  You agree to fully cooperate with and take any actions requested by CC relating to all usage of the Chapter Logo by anyone involved in your CC Chapter. It is understood that CC can end this permission at any time in its sole discretion, including if at any time your status as a participant ends, the CC Chapter becomes inactive, or if you or others involved in the CC Chapter fail to cooperate with or adhere to the policies of CC.  

You further agree to comply with any policies set forth by your Chapter as to how the Chapter Logo may or may not be used. In the event of a conflict between a guideline set forth by your Chapter and a policy of Creative Commons, the Creative Commons policy will govern.

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    3. Voluntary License Schemes. The Licensor reserves the right to collect royalties, whether individually or, in the event that the Licensor is a member of a collecting society that administers voluntary licensing schemes, via that society, from any exercise by You of the rights granted under this License that is for a purpose or use which is otherwise than noncommercial as permitted under Section 4(c).
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  1. This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Adaptations or Collections from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
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  6. The rights granted under, and the subject matter referenced, in this License were drafted utilizing the terminology of the Berne Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on July 24, 1971). These rights and subject matter take effect in the relevant jurisdiction in which the License terms are sought to be enforced according to the corresponding provisions of the implementation of those treaty provisions in the applicable national law. If the standard suite of rights granted under applicable copyright law includes additional rights not granted under this License, such additional rights are deemed to be included in the License; this License is not intended to restrict the license of any rights under applicable law.

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Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.

Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, Creative Commons does not authorize the use by either party of the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time. For the avoidance of doubt, this trademark restriction does not form part of the License.

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#####EOF##### CC’s Next Generation Licenses - Welcome Version 4.0! - Creative Commons
Creative Commons > Blog > Weblog > CC’s Next Generation Licenses — Welcome Version 4.0!

CC’s Next Generation Licenses — Welcome Version 4.0!

Diane Peters

November 25, 2013

We proudly introduce our 4.0 licenses, now available for adoption worldwide. The 4.0 licenses — more than two years in the making — are the most global, legally robust licenses produced by CC to date. We have incorporated dozens of improvements that make sharing and reusing CC-licensed materials easier and more dependable than ever before.

We had ambitious goals in mind when we embarked on the versioning process coming out of the 2011 CC Global Summit in Warsaw. The new licenses achieve all of these goals, and more. The 4.0 licenses are extremely well-suited for use by governments and publishers of public sector information and other data, especially for those in the European Union. This is due to the expansion in license scope, which now covers sui generis database rights that exist there and in a handful of other countries.

Among other exciting new features are improved readability and organization, common-sense attribution, and a new mechanism that allows those who violate the license inadvertently to regain their rights automatically if the violation is corrected in a timely manner.

You can find highlights of the most significant improvements on our website, track the course of the public discussion and evolution of the license drafts on the 4.0 wiki page, and view a recap of the central policy decisions made over the course of the versioning process.

The 4.0 versioning process has been a truly collaborative effort between the brilliant and dedicated network of legal and public licensing experts and the active, vocal open community. The 4.0 licenses, the public license development undertaking, and the Creative Commons organization are stronger because of the steadfast commitment of all participants.

With the 4.0 licenses published, we will be turning our attention to official translations of the legal code in partnership with our affiliate network and larger community. Translations of our new deeds are also underway, with a significant number already completed.

Thank you and congratulations to everyone who participated in making 4.0 a reality!

Category:Weblog

26 thoughts on “CC’s Next Generation Licenses — Welcome Version 4.0!”

  1. Great, congrats!

    But I want to give you a heads up that the license deeds for BY and BY-SA has a bug: The end of the text “…as long as you follow the license terms.” is hidden behind the Free cultural works image, so it looks like “…as long as you follow the license te”.

  3. IANAL, but to me it seems that work licensed under CC-BY-SA 4.0 cannot be used in collection without licensing collection under CC-BY-SA 4.0. The license text doesn’t even contain the word “collection” anymore.

    Does that mean that I can’t use CC-BY-SA 4.0 -licensed art in my game without licensing my game under CC-BY-SA 4.0 ?

    I really hope I’m wrong. Am I wrong?

  5. Thank you and congrats! We’ve been using Creative Commons licenses for our work ever since Trent Reznor started using them for Nine Inch Nails. Check us out! Black Milk for Dead Virginz: bmfdv.com

  7. Very cherishing! Huge thank you to each person involved. Now if we can just manage to import it straightforwardly even on the level of national “copyright” legislature in order to establish stronger foundation for the 21st Century creators and makers. Greetings from Slovakia.

  14. Gefeliciteerd, Auguri, Congratulations with this great step forward to make sharing creative works of all kinds easier, smoother and more effective. You guys (and dolls as well of course) are improving life online and IRL a lot for all of us. Keep up the good work.

    Thank y’all very much indeed.
    Happy Holidays & a prosperous 2014 and beyond

    Klaas V aka ZeaForUs, CIO of innocentisart.eu

  18. That`s great news, can I ask how will it affect me from version 3? I`m a web designer and sometimes I release my work (templates) for free.

  19. @William: as you hoped, you’re wrong! Nothing has changed for collections in 4.0.

    The mention was removed in the license because it was unnecessary–it wasn’t giving you additional rights to create collections beyond what you would have already had. You may still distribute CC-licensed works alongside works of any other license, so long as those works are not derivatives.

    See the FAQ entry: http://wiki.creativecommons.org/FAQ#If_I_create_a_collection_that_includes_a_work_offered_under_a_CC_license.2C_which_license.28s.29_may_I_choose_for_the_collection.3F

    and the License Versions page:
    http://wiki.creativecommons.org/License_Versions#Licensing_of_collections

  26. “allows those who violate the license inadvertently to regain their rights automatically if the violation is corrected in a timely manner.”

    Not sure how this would really be enforced, countries such as India, China & Eastern European countries regularly flought copyright laws and we feel powerless to contest.

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#####EOF##### Musician - Creative Commons

Musician

From Creative Commons
Jump to: navigation, search

Musicians and CC

Online Resources

  • ArtistServer - Over 11,000 MP3 downloads by more than 10,000 artists to download for free.
  • Audiofarm - Wide selection of genres to choose from. You can easily download any song
  • Audionautix - Clips available even for commercial purposes.
  • Auboutdufil - Audio website for music under Creative Commons licenses. Over 2,600,000 downloads and more 400 artists referenced.
  • Beatpick - A music player interface where you can listen and download songs. Most of the clips are instrumental.
  • Bump Foot - Focuses mostly on techno, trance beats and electronic dance music
  • ccMixter - A community music site featuring remixes where you can listen to, sample, mash-up music
  • ccTrax - A directory of free music.
  • Copyright Friendly - A long list of copyright friendly music resources. Take a look!
  • Freesound.org - collaborative database for Creative Commons Licensed sounds. Good for sound effects such as ambient noises, synthesized sounds and sounds produced by musical instruments.
  • iBeat - If you’re looking for free beats and loops; variety of genres such as rock beats, hip hop beats and even acoustic or electronic beats.
  • Incompetech - Browse their selection by genre or feel. "Feel" would include things like: Action, Relaxed, Intense or Humorous; you can select a combination of ‘Feels’ and it will check its database for selection matches
  • Jamendo - Jamendo is a music website and a community for free and legal music downloads under Creative Commons licenses. Includes an additional pro-shop, where companies can pay artists for commerical use of their music.
  • JewelBeat - Free background music and sound effects with keywords. Mostly instrumental and consist of short loops
  • Kompoz - Artists post their clips on the website where anyone can download it and use it. They can also add their own instruments or creative mix to the original clip and upload it on the website again.
  • Leerecs - Leerecs is a Rock music website and a community for free and legal music downloads under Creative Commons licenses. Includes an additional pro-shop, where independent Rock artists can sell their music.
  • MusOpen - Free music from individual instruments in an orchestra: violins, cellos, violas, etc as well as a combination of instruments. You can also download sheet music.
  • Open Music Search - search for Copyleft, Creative Commons, Open Source, and Public Domain works in music
  • Purple Planet - Audio clips that accompany a horror, dramatic or mysterious scene
  • Soundcloud - Soundcloud is an online audio distribution platform which allows collaboration, promotion and distribution of audio recordings with Creative Commons licenses as an option.
  • Vimeo - A place for videos, but also free music as long as you give credit to the original artist.

Articles


Case Studies

Learn more about how musicians use Creative Commons licenses in their work.


Featured Entries

  • Ancient Free Gardeners: Ancient Free Gardeners is an indie-rock band in Melbourne, Australia, using Creative Commons licences to distribute their music.
  • Christopher Willits: Willits is a prominent experimental musician from the San Francisco Bay area.
  • Jonathan Coulton: Jonathan Coulton is an independent/unsigned singer-songwriter who utilises Creative Commons licences to help promote his music via free downloads.
  • Monk Turner: Monk Turner is a musician of eclectic taste and an approach to releasing albums that involves CC licensing through the internet archive.
  • Pig Head Skin: Yueh-hsin Chu (a.k.a. Pig Head Skin) is an independent musician/producer in Taiwan, and leads the band Jesus Rocks! The band released an album of the same name in October 2004 under a Creative Commons License.
  • Topology: Topology is an internationally acclaimed Brisbane-based new music ensemble.
  • Yunyu: Yunyu is a successful unsigned singer/songwriter in Sydney, Australia, who uses Creative Commons licences for promotional purposes.
  • berita terbaru and software
Retrieved from "https://wiki.creativecommons.org/index.php?title=Musician&oldid=116629"

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#####EOF##### Improving Access to the Public Domain: the Public Domain Mark - Creative Commons
Creative Commons > Blog > Weblog > Improving Access to the Public Domain: the Public Domain Mark

Improving Access to the Public Domain: the Public Domain Mark

Diane Peters

October 11, 2010

Today, Creative Commons announces the release of its Public Domain Mark, a tool that enables works free of known copyright restrictions to be labeled in a way that allows them to be easily discovered over the Internet. The Public Domain Mark, to be used for marking works already free of copyright, complements Creative Commons’ CC0 public domain dedication, which enables authors to relinquish their rights prior to the expiration of copyright.

“The Public Domain Mark is a further step on the path towards making the promise of a digital public domain a reality,” said Michael Carroll, a founding board member of Creative Commons and a law professor at American University.

Europeana—Europe’s digital library, museum and archive—is the first major adopter of the Public Domain Mark. Europeana estimates that by mid-2011, the Public Domain Mark will be used in connection with millions of out-of-copyright works made available through its portal.

“An important part of our mandate is to ensure that digitized works made available through Europeana are properly labeled with rights information, including when a work is free of known copyright restrictions so that teachers, students and others can freely use it in their work, changing it and remixing it as they wish,” noted Jill Cousins, Executive Director of Europeana.

The Public Domain Mark in its current form is intended for use with works that are free of known copyright around the world, primarily old works that are beyond the reach of copyright in all jurisdictions. We have already started mapping the next phases of our public domain work, which will look at ways to identify and mark works that are in the public domain in a limited number of countries.

A final note about design. We took this opportunity to revise the CC0 deed, to align it more closely with the Public Domain Mark deed. We think the design changes will help everyone recognize the difference between our licenses, which apply to works restricted by copyright, and our public domain tools.

For more information, read the full press release.

Category:Weblog
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16 thoughts on “Improving Access to the Public Domain: the Public Domain Mark”

  6. I have been using CC: by-nc-sa for my blog for serveral years.
    Just now, I changed it into the new Public Domain.
    As a volunteer focused on software skills, I think there’s nothing really belong to me instead of all users.

    Thank you CC.
    and thanks for all the CC contents created by people all over the world.

  11. Further adding to the confusion: There is one graphic labeled “Public Domain” at the top of the post, and a different one at the bottom. Which one is the new Public Domain Mark being touted here?

  13. Hi,

    Can CC change their deeds under the same version number? Automatic upgrades don’t happen with the licenses, why would it happen with CC0? Can CC dump the waiver portion and still call it CC0 1.0 Universal? Is a “changelog” available on the site to see the changes since Original CC0 1.0?

    Thank you, Dan

  15. OK thank you, I misunderstood what “deed” meant and thought you changed the legal code.

    Keep up the public domain and CC0 stuff going! Too much attention is given to the copyleft/sharealike stuff, which forces you into the system. Modern public domain material is seriously lacking. Keep up the good work!

    -Dan

  16. can someone explain to me why this is so hard to find? Why isn’t it prominently listed on the CC website, and under the license chooser? While technically it’s not a CC license, certainly it’s related, and on this site.

    For that matter, why isn’t this an option on flickr? What is the resistance to submitting things to the public domain?

    d.i.

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#####EOF##### Comments Period Drawing to a close for Draft License Version 2.5 - Creative Commons
Creative Commons > Blog > Weblog > Comments Period Drawing to a close for Draft License Version 2.5

Comments Period Drawing to a close for Draft License Version 2.5

May 29, 2005

The comments period announced here for the minor tweak to the attribution language across all of our core licenses proposed for version 2.5 is drawing to a close. As befits a minor tweak, there has not been a tremendous amount of criticism or issues raised with the revised suggested language. Some important comments, however, raised some complex issues and require some discussion.

Firstly, concern was expressed that the attribution language would interfere with copyright notices; that because the attribution could now be, not to the author, but to a wiki or a university or funding entity, that this would cause a removal of copyright notices. This tweaked attribution language, however, does not to impact a copyright notice. The tweaked attribution language does not require attribution to follow copyright ownership or copyright notices. Who owns copyright in a work is a separate matter (a behind-the-scenes matter, if you like) between the parties involved in the process of creating the work. So, for example, an author may own copyright in an article they prepare but the agreement between the author and the institute that funded the work requires some form of attribution that acknowledges that the work was produced with funds from the institute. Similarly, an author may wish to be credited as the author of the work for reputational purposes but their university actually owns the copyright to their work, pursuant to their employment agreement. In the case of wikis, attribution can be to the wiki but each author may still own copyright to their contribution to the wiki (unless there is a separate agreement transferring ownership to the wiki). Finally, journals, particularly open access journals, may wish to be acknowledged as the source of first publication of the work even though they publish the article under only an exclusive or non-exclusive license (and do not take an assignment of title). It should also be noted that the status of copyright notices and the issue of correctly identifying the copyright owner(s) of a work are no more complex under the tweaked attribution language than under the existing attribution language. Under the existing attribution language, credit had to be given to the author; however, as noted above, due to employment relationships or other contractual relationships, the author may have transfered title to the work to some other party and retained only the right of accreditation.

Secondly, there was concern that the tweaked attribution language was somehow proscriptive – that it now dictated to wikis how they had to structure attribution. This is not the case. The tweaked attribution language contains “and/or” language – thus, it allows a variety of different attribution posssibilities – to the author, to a wiki, to an author and a publisher, to an author and a wiki – as many parties as the author or licensor see fit.

This minor tweak is important to enable flexibility in attribution and thereby facilitate a larger number of adopters, including those who have more complex requirements regarding attribution – such as wikis and academic journals. Consequently, Creative Commons is working to give effect this change as soon as possible. If anyone has any additional concerns, please feel free to contribute them to the discussion taking place here. We are looking to close the comments period on Tuesday May 31, 2005.

Category:Weblog

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#####EOF##### Creative Commons — Atribución-CompartirIgual 3.0 No portada — CC BY-SA 3.0
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Resumen de Licencia Creative Commons

Atribución-CompartirIgual 3.0 No portada (CC BY-SA 3.0)

Este es un resumen legible por humanos (y no un sustituto) de la licencia. Advertencia.

Usted es libre de:

  • Adaptar — remezclar, transformar y construir a partir del material
  • para cualquier propósito, incluso comercialmente.
  • La licenciante no puede revocar estas libertades en tanto usted siga los términos de la licencia

Bajo los siguientes términos:

  • Atribución — Usted debe dar crédito de manera adecuada, brindar un enlace a la licencia, e indicar si se han realizado cambios. Puede hacerlo en cualquier forma razonable, pero no de forma tal que sugiera que usted o su uso tienen el apoyo de la licenciante.

  • CompartirIgual — Si remezcla, transforma o crea a partir del material, debe distribuir su contribución bajo la lamisma licencia del original.

Avisos:

#####EOF##### #####EOF##### Big Flickr Announcement: All CC-licensed images will be protected - Creative Commons
Creative Commons > Blog > About CC > Big Flickr Announcement: All CC-licensed images will be protected

Big Flickr Announcement: All CC-licensed images will be protected

I’m happy to share Flickr’s announcement today that all CC-licensed and public domain images on the platform will be protected and exempted from upload limits.

Ryan Merkley

March 8, 2019

I’m happy to share Flickr’s announcement today that all CC-licensed and public domain images on the platform will be protected and exempted from upload limits. This includes images uploaded in the past, as well as those yet to be shared. In effect, this means that CC-licensed images and public domain works will always be free on Flickr for any users to upload and share.

Flickr is one of the most important repositories of openly-licensed content on the web, with over 500M images in their collection, shared by millions of photographers, libraries, archives, and museums around the world. The company was an early adopter of CC licenses, and was bought by Yahoo! and later sold to Verizon. Last year, Flickr was sold again, this time to a family-owned photo service called SmugMug. Many were justifiably concerned about the future of Flickr, an essential component of the digital Commons.

Once the sale of Flickr was announced, CC began working closely with Don and Ben MacAskill of SmugMug, Flicker’s new owners, to protect the works that users have shared. Last November, Flickr posted that they were moving to a new paid service model that would restrict the number of free uploads to 1,000 images. Many, including Creative Commons, were concerned this could cause millions of works in the Commons to be deleted. We continued to work with Flickr, and a week later, they announced that CC-licensed images that had already been shared on the platform would be exempted from upload limits.

tweet-flickr

Today’s announcement takes that commitment one step further, and ensures that every CC-licensed or public domain image shared on Flickr is protected for all to use and re-use. It’s a significant commitment. Don and Ben MacAskill and the whole Flickr team have been supportive of CC and Flickr’s responsibility to steward the Commons from day one, and have been open and collaborative with Creative Commons all along.

For users of Flickr (and no doubt also for Flickr staff) it’s been a tumultuous time. Migrating to new business models is difficult, and will undoubtedly anger some users, especially those used to getting things for free. However, we’ve seen how unsustainable and exploitative free models can be, and I’m glad that Flickr hasn’t turned to surveillance capitalism as the business model for its sustainability plan – but that does mean they’ll have to explore other options.

Choosing to allow all CC-licensed and public domain works to be uploaded and shared without restrictions or limits comes at a real financial cost to Flickr, which is paid in part by their Pro users. We believe that it’s a valuable investment in the global community of free culture and open knowledge, and it’s a gift to everyone. We’re grateful for the ongoing investment and enthusiasm from the entire Flickr team, and their commitment to support users who choose to share their works. We will continue to work together to help educate Flickr’s users about their options when sharing works online, and to support the communities contributing to the growth and preservation of a vibrant collection of openly-licensed and public domain works.

Category:About CC

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#####EOF##### Program areas - Creative Commons
#####EOF##### Licensing considerations - Creative Commons
Creative Commons > Share your work > Licensing considerations

Licensing considerations

What our licenses do

The Creative Commons copyright licenses and tools forge a balance inside the traditional “all rights reserved” setting that copyright law creates. Our tools give everyone from individual creators to large companies and institutions a simple, standardized way to grant copyright permissions to their creative work. The combination of our tools and our users is a vast and growing digital commons, a pool of content that can be copied, distributed, edited, remixed, and built upon, all within the boundaries of copyright law.

License design and rationale

All Creative Commons licenses have many important features in common. Every license helps creators — we call them licensors if they use our tools — retain copyright while allowing others to copy, distribute, and make some uses of their work — at least non-commercially. Every Creative Commons license also ensures licensors get the credit for their work they deserve. Every Creative Commons license works around the world and lasts as long as applicable copyright lasts (because they are built on copyright). These common features serve as the baseline, on top of which licensors can choose to grant additional permissions when deciding how they want their work to be used.

A Creative Commons licensor answers a few simple questions on the path to choosing a license — first, do I want to allow commercial use or not, and then second, do I want to allow derivative works or not? If a licensor decides to allow derivative works, she may also choose to require that anyone who uses the work — we call them licensees — to make that new work available under the same license terms. We call this idea “ShareAlike” and it is one of the mechanisms that (if chosen) helps the digital commons grow over time. ShareAlike is inspired by the GNU General Public License, used by many free and open source software projects.

Our licenses do not affect freedoms that the law grants to users of creative works otherwise protected by copyright, such as exceptions and limitations to copyright law like fair dealing. Creative Commons licenses require licensees to get permission to do any of the things with a work that the law reserves exclusively to a licensor and that the license does not expressly allow. Licensees must credit the licensor, keep copyright notices intact on all copies of the work, and link to the license from copies of the work. Licensees cannot use technological measures to restrict access to the work by others.

Try out our simple License Chooser.

Three “Layers” Of Licenses

layers

Our public copyright licenses incorporate a unique and innovative “three-layer” design. Each license begins as a traditional legal tool, in the kind of language and text formats that most lawyers know and love. We call this the Legal Code layer of each license.

But since most creators, educators, and scientists are not in fact lawyers, we also make the licenses available in a format that normal people can read — the Commons Deed (also known as the “human readable” version of the license). The Commons Deed is a handy reference for licensors and licensees, summarizing and expressing some of the most important terms and conditions. Think of the Commons Deed as a user-friendly interface to the Legal Code beneath, although the Deed itself is not a license, and its contents are not part of the Legal Code itself.

The final layer of the license design recognizes that software, from search engines to office productivity to music editing, plays an enormous role in the creation, copying, discovery, and distribution of works. In order to make it easy for the Web to know when a work is available under a Creative Commons license, we provide a “machine readable” version of the license — a summary of the key freedoms and obligations written into a format that software systems, search engines, and other kinds of technology can understand. We developed a standardized way to describe licenses that software can understand called CC Rights Expression Language (CC REL) to accomplish this.

Searching for open content is an important function enabled by our approach. You can use Google to search for Creative Commons content, look for pictures at Flickr, albums at Jamendo, and general media at spinxpress. The Wikimedia Commons, the multimedia repository of Wikipedia, is a core user of our licenses as well.

Taken together, these three layers of licenses ensure that the spectrum of rights isn’t just a legal concept. It’s something that the creators of works can understand, their users can understand, and even the Web itself can understand.

Free and non-free licenses

There’s no right or wrong Creative Commons license. That said, some licenses are more appropriate for some applications than others–for example, only the free licenses (CC0, BY, BY-SA) should be used for public sector information. Sometimes licensors mistakenly think that the license they’re using allows types of reuse that it actually restricts, or vice versa. For more information on this problem, see our page on the differences between free and non-free licenses.

When deciding which license to apply to your work, ask yourself what types of reuse you’d like to encourage, and license accordingly.

#####EOF##### Creative Commons — ייחוס-שיתוף זהה 3.0 לא מותאם — CC BY-SA 3.0
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Creative Commons License Deed

ייחוס-שיתוף זהה 3.0 לא מותאם (CC BY-SA 3.0)

This is a human-readable summary of (and not a substitute for) the license. הגבלת אחריות.

You are free to:

  • Adapt — remix, transform, and build upon the material
  • for any purpose, even commercially.
  • The licensor cannot revoke these freedoms as long as you follow the license terms.

Under the following terms:

  • ייחוס — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.

  • שיתוף זהה — If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.

  • No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.

Notices:

  • You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.
  • No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
#####EOF##### CC0 FAQ - Creative Commons

CC0 FAQ

From Creative Commons
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These FAQs contain information that you should familiarize yourself with before using CC0. The information provided below is not exhaustive – it may not cover important issues that may affect you.

The FAQs are intended to supplement, not replace, our existing FAQs. You are encouraged to review those FAQs as well as our list of issues to consider before using CC0 or any of our other legal tools or licenses. You should also read the CC0 legal code carefully and understand what it means before applying it to your work or using a CC0’d work.

Please note: Creative Commons does not provide legal advice. The information provided below is not a substitute for legal advice and is not complete. Please consult your own legal advisor if you have any questions or concerns about the information provided below, about CC0 or about Creative Commons licenses and tools generally.

Questions about CC0 generally

What is CC0?

http://i.creativecommons.org/p/zero/1.0/88x31.png

Copyright and other laws throughout the world automatically extend copyright protection to works of authorship and databases, whether the author or creator wants those rights or not. CC0 gives those who want to give up those rights a way to do so, to the fullest extent allowed by law. Once the creator or a subsequent owner of a work applies CC0 to a work, the work is no longer his or hers in any meaningful sense under copyright law. Anyone can then use the work in any way and for any purpose, including commercial purposes, subject to other laws and the rights others may have in the work or how the work is used. Think of CC0 as the "no rights reserved" option.

CC0 is a useful tool for clarifying that you do not claim copyright in a work anywhere in the world. Because copyright laws differ by jurisdiction, you might be granted an automatic copyright in jurisdictions that you may not be aware of. By using CC0, you signal to the public that you relinquish any such rights.

How does it work?

A person using CC0 (called the “affirmer” in the legal code) dedicates a work to the public domain by waiving all of his or her copyright and neighboring and related rights, if any, in a work, to the fullest extent permitted by law. If the waiver isn’t effective for any reason, then CC0 acts as a license from the affirmer granting the public an unconditional, irrevocable, non exclusive, royalty free license to use the work for any purpose.

What is the difference between CC0 and the Public Domain Mark ("PDM")?

CC0 and PDM differ in important respects and have distinct purposes. CC0 is intended for use only by authors or holders of copyright and related or neighboring rights (including sui generis database rights), in connection with works that are still subject to those rights in one or more jurisdictions. PDM, on the other hand, can be used by anyone, and is intended for use with works that are already free of known copyright restrictions throughout the world. The tools also differ in terms of their effect when applied to a work. CC0 is legally operative in the sense that when it is applied, it changes the copyright status of the work, effectively relinquishing all copyright and related or neighboring rights worldwide. PDM is not legally operative in any respect – it is intended to function as a label, marking a work that is already free of known copyright restrictions.

Review a chart comparing the attributes of CC0 and PDM, and Learn more about the Public Domain Mark.

Questions for those thinking about applying CC0 to their work(s)

Who can use CC0?

Anyone who owns or could possibly hold copyright and neighboring and related rights (such as database rights) in a work anywhere in the world can use CC0 to give up those rights. But please be careful. CC0 is a one-way street. Once you apply CC0 to your work you can’t change your mind later and re-assert copyright or database rights over the work. In some cases, it’s hard to decide if something qualifies for copyright protection (for example, a database of mostly factual data). Even then, CC0 can be a useful way to assure others that you have committed to surrendering any possible copyright protection you may have.

Even though are you not making any warranties of copyright ownership under CC0, keep in mind that you are still responsible to any third parties who may have existing rights in your work when you distribute the work. For example, if your work contains another person’s work made available under a CC Attribution license, you will need to identify that work separately, attribute the author and provide the license. Likewise, for any other license(s), you will need to ensure that you are in compliance before distributing the work. Of course, if you do not have permission to distribute a work belonging to someone else, you will need to seek appropriate permission from the copyright owner before you use CC0.

How do I apply CC0 to my work?

Our chooser will lead you through process. When completed, you will be provided with HTML code that you can copy and paste into your website. Please be aware that it is up to you, the affirmer, to publish your work using CC0 by posting it to your website or elsewhere. Creative Commons does not publish any works and cannot accept responsibility for doing so.

What are the benefits of including the information requested by the CC0 chooser?

Any information you provide when using the chooser will be included in the rendered CC0 text placed on the work as well as included in the machine-readable code. Potential users of your work can then use that information to find out more about your work. Particularly valuable to potential users is the jurisdiction from which you are offering the work under CC0, and we encourage you provide that information whenever possible. Please keep in mind, however, that the jurisdiction you select is not a choice of law or forum selection clause (there are no choice of law or forum selection clauses in CC0).

May I apply CC0 to computer software? If so, is there a recommended implementation?

Yes, CC0 is suitable for dedicating your copyright and related rights in computer software to the public domain, to the fullest extent possible under law. Unlike CC licenses, which should not be used for software, CC0 is compatible with many software licenses, including the GPL. However, CC0 has not been approved by the Open Source Initiative and does not license or otherwise affect any patent rights you may have. You may want to consider using an approved OSI license that does so instead of CC0, such as GPL 3.0 or Apache 2.0.

CC and the Free Software Foundation suggest that if you choose to apply CC0 to software, you include the following notice at the top of each file:

<PROGRAM NAME> - <DESCRIPTION>
Written in <YEAR> by <AUTHOR NAME> <AUTHOR E-MAIL ADDRESS>
[other author/contributor lines as appropriate]
To the extent possible under law, the author(s) have dedicated all copyright and related and neighboring rights to this software to the public domain worldwide. This software is distributed without any warranty.
You should have received a copy of the CC0 Public Domain Dedication along with this software. If not, see <http://creativecommons.org/publicdomain/zero/1.0/>.

It is also recommended that you include a file called COPYING (or COPYING.txt) containing the CC0 legalcode as plain text.

Does CC0 require others who use my work to give me attribution?

No, and that's a big difference between CC0 and our licenses. Unlike our licenses, there are no conditions contained in CC0. Just like anything in the public domain, it will be possible for others to use or adapt it however they wish without attribution. However, this does not mean that you cannot request attribution in accordance with community or professional norms and standards.

When you choose CC0, requests for attribution are not binding through legal requirements (i.e., as a condition of a copyright license) but can be based on ethical and professional norms, such as those that apply to scholarship and science. These norms can be well articulated, widely held, and self-policing, as is the case with citation standards in the academic community (which are based on ethics and professional reputation, not legal conditions). However, in some instances, as with new technologies or emerging disciplines, the exact implementation of these norms in a particular context requires further consensus-building and articulation.

Does CC0 really eliminate all copyright and related rights, everywhere?

Please don’t take the 0 (zero) in the name “CC0” literally – no legal instrument can ever eliminate all copyright interests in a work in every jurisdiction.

CC0 doesn’t affect two very important categories of copyright and related rights. First, just like our licenses, CC0 does not affect other persons’ rights in the work or in how it is used, such as publicity or privacy rights. Second, the laws of some jurisdictions don’t allow authors and copyright owners to waive all of their own rights, such as moral rights. When the waiver doesn’t work for any reason CC0 acts as a free public license replicating much of intended effect of the waiver, although sometimes even licensing those rights isn’t effective. It varies jurisdiction by jurisdiction.

While we can't be certain that all copyright and related rights will indeed be surrendered everywhere, we are confident that CC0 lets you sever the legal ties between you and your work to the greatest extent legally permissible.

What kinds of rights am I surrendering when I use CC0?

You are surrendering your copyright and neighboring and related rights in a work, including any database rights you may have. You are also surrendering your own publicity and privacy rights. If your image is captured in the work, for example, you cannot later complain that someone is using it in violation of those rights. In other jurisdictions, you may not be able to waive all of your copyright and neighboring and related rights. Moral rights and unknown rights are two examples of rights that may be difficult to waive in some jurisdictions. When waiver isn’t possible, those rights are licensed under CC0 to the extent allowed by law, although again, sometimes those rights cannot be licensed in advance or at all.

What are neighboring rights?

Neighboring rights consist of a hodgepodge of rights granted by statute in addition to traditional copyright. Performing artists, record producers and those involved in radio and television broadcasting are often holders of neighboring rights, which may include distribution, performance and/or exploitation rights. Some jurisdictions extend copyright to protect these rights; other jurisdictions offer those protections by separate statute as neighboring or related rights.

When you surrender your neighboring rights using CC0, you do not impact the copyrights or related rights of others, though. For example, if you apply CC0 to a sound recording to which you hold copyright, you surrender your exclusive right to digitally perform that sound recording. But your use of CC0 would not affect the copyright, if any, retained by the composer of the music. Neighboring rights differ from jurisdiction to jurisdiction.

What are database rights?

Databases may contain facts that, in and of themselves, are not protected by copyright law. The copyright laws of some jurisdictions cover database design and structure, however, and some jurisdictions like the European Union have enacted special laws to protect databases when they are not protected under applicable copyright law. CC0 is intended to cover all copyright and database laws, so that however database rights are protected (under copyright or otherwise), those rights are all surrendered.

Can I control how my work is being used once I publish it using CC0?

Not really. CC0 is about achieving the effect of placing works in the public domain. Just like anything already in the public domain today, anybody will be able to use your work for any purpose, even in ways you may find distasteful or objectionable. They can also make money off of your work, and they may give you credit or they may not. One aspect you retain control over, however, is the use of the work by others with your trademarks. CC0 does not surrender any trademark rights you have. If others want to associate your trademark with a work you distribute under CC0, they need to ask your permission first as required by trademark law.

If you are worried about how your work will be used, if you want to legally require attribution, or if you don't want people to make money off of your work, then you should not use CC0 and instead consider using one of our licenses.

What about other IP related rights, such as trademark and patent rights?

CC0 very clearly states that trademark and patent rights of the affirmer are not affected – CC0’s sole reach is copyright and related and neighboring rights, including database rights. Trademarks rights are not affected because creators who use CC0 should be able to protect the quality of products that are associated with their trademark (for example, by preventing a subsequent user of the work from leading others to believe the work in its subsequent use and/or form is associated with or endorsed by the affirmer). So if your primary concern is to ensure the quality and integrity of products associated with your name or your project, then trademark, combined with CC0, may be an option for you.

Patents are fundamentally more challenging. One of our goals at Creative Commons is to encourage use and dissemination of information in a way that encourages others to build upon it, sometimes in surprising and unexpected ways. We can accomplish that objective through a copyright-only solution, without introducing the complexities associated with patent rights. We also wanted to keep CC0 as simple as possible, consistent with its original design goals. We concluded that any perceived benefits of including a patent waiver were significantly outweighed by the downsides of its inclusion.

Does using CC0 affect my ability to disclaim warranties?

No. CC0 explicitly disclaims "representations or warranties of any kind" (see 4(b)). This is not affected by CC0's abandonment of all copyright-related rights to the extent legally possible. Disposing of an asset (whether or not gratis) often involves a statement by the prior owner as to the state of the asset disposed of such that the owner has no responsibility/liability for things that may go wrong once the asset is no longer theirs. As with a quit claim used with real property, with CC0 a copyright holder abandons or quits their interest without any further obligation, including without warranty.

Questions for those thinking about using a CC0’d work

Can anyone use a work that is distributed under CC0?

Yes. CC0 doesn’t restrict who can use a CC0’d work. Once applied, anyone can use the work in any way and for any purpose, including commercial purposes, subject to rights others may have in the work or how it’s used, as well as subject to any other laws or restrictions that may apply.

Do I have to attribute the person who applied CC0 to their work?

No, there is no legal requirement that you attribute the affirmer, only an expectation that you will voluntarily do so if requested. The CC0 deed provides HTML code that can be copy and pasted into your webpage to easily cite the author and the work, if that information has been provided by the affirmer.

Why do some works indicate the jurisdiction from which the work is being published?

The CC0 license chooser gives affirmers the opportunity to indicate the jurisdiction from which the work is being offered. If provided by the affirmer, this information is included in the rendered CC0 text that is placed on the work as well as included in the machine-readable code.

The jurisdiction from which the work is being offered is one fact that helps users know what they can and cannot do with a CC0'd work. There are other important facts that impact what rights the affirmer is surrendering and what rights the user has (another, for example, is where the user is located), but the jurisdiction from which the work is offered is one of the more important pieces of information that helps users usefully take advantage of a CC0’d work.

Be careful, though. The jurisdiction, if selected by the affirmer, is not a choice of law or forum selection clause (there are no choice of law or forum selection clauses in CC0). Nor should it be relied upon as definitive for purposes of determining what rights you, as a user of the CC0’d work, may have. It is just one of many facts (if properly selected by the affirmer) that you should take into account before using a work dedicated to the public domain using CC0. Whether or not the affirmer indicated the jurisdiction from which the work was published, you may wish to contact the affirmer to learn more about the work as well as consult your own legal advisor about your rights.

What rights do I need to use a CC0’d work?

That depends. If you want to use the affirmer’s trademark, you need to get permission first since CC0 doesn’t affect trademark rights. You may also need to get permission from other people who have rights in the work, such as privacy or publicity rights of persons whose likeness or image appear in a photograph or in another work.

How can I be sure that I have all the rights I need to use the work?

CC0 contains a disclaimer of warranties just like our licenses, so there is no assurance whatsoever that the affirmer (the person who applied CC0 to the work) has all the necessary rights to grant permission to use the CC0’d work. The person applying CC0 to their work is not guaranteeing anything about it, including whether she owns the copyright or has cleared any uses of third-party content that her work may be based on or incorporate. If you are in doubt, then we strongly recommend you not use the work until you have taken all the steps and precautions you feel you need to before doing so, which may include contacting the person who applied CC0 to the work and consulting legal counsel.


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#####EOF##### Intergovernmental Organizations - Creative Commons

Intergovernmental Organizations

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Intergovernmental organizations (IGOs) are using CC to share research, data, and educational materials they produce. IGOs, like all creators who want wide dissemination of their content, realize they can benefit greatly from the use of Creative Commons licenses--maximizing the impact of their resources and efforts. A number of IGOs believe that as publicly minded institutions, adopting an open licensing policy for at least some subset of their publications is the preferred mechanism for ensuring the broadest and most widespread use and reuse of the information they publish.

This page explains some of the benefits for IGOs choosing to publish content under Creative Commons licenses, clarifies some unique legal considerations, provides case study of IGOs already using CC, aggregates relevant frequently asked questions, and addresses common licensing scenarios and options available to IGOs.

Why Intergovernmental Organizations Benefit from Using CC

IGOs' missions are aligned with sharing information and resources

Disseminating useful information globally is aligned with the mission and work of most IGOs. Sharing information and content -- ranging from education assessment metrics to cultural heritage resources to research studies on the environmental impact of fossil fuels to health information -- is central to the success of IGOs. Information and content that IGOs create can be made maximally useful to the diverse communities they serve, helping citizens, governments, civic institutions, and businesses across all sectors.

CC helps clarify rights to users in advance

Materials like reports, photographs and videos released under the default All Rights Reserved copyright require the end user to ask permission in order to use the resource in the absence of some applicable exception or limitation under applicable copyright law. This framework means IGOs must dedicate resources to review and approve those requests. From the user perspective, the time and effort required to obtain the permission can be significant. The result is that resources are less likely to be used, shared, or repurposed, significantly diminishing the potential impact of information published. (The Organization for Economic Co-operation and Development (OECD) has described the challenges to dissemination of information under the All Rights Reserved copyright framework as follows: "While information technology makes it possible to multiply and distribute content worldwide and almost at no cost, legal restrictions on the reuse of copyrighted material hamper its negotiability in the digital environment ... [T]he Creative Commons license is by far the best-known license for such content, the use of which is growing exponentially." OECD (2007) Giving Knowledge for Free: The Emergence of Open Educational Resources, p.13.

Creative Commons licenses offer a simple, standardized way to grant flexible copyright permissions in advance. The adoption of Creative Commons licenses increases the dissemination, discoverability, reuse, and translatability of research and education materials. CC licenses are the global standard for open content licenses, and are leveraged by corporations, institutions, and government bodies worldwide. Creative Commons licenses lower the transaction costs normally associated with seeking and granting permission to use resources by granting limited permission in advance.

CC helps ensure IGOs receive credit for the resources they create

IGOs who use CC licenses get the credit they deserve for the work they create. All CC licenses require that attribution be given to author in the manner specified. IGOs also need not worry about expending resources crafting custom terms of service specifying how their works can be used. Creative Commons licenses contain vetted, legally robust standard copyright terms and conditions. These common features serve as the baseline, on top of which IGOs can choose to grant additional permissions if desired.

FAQ: CC Licenses and IGOs

IGOs are unique in several respects from individuals and other organizations. Below are some common questions about how CC licenses work for IGOs.

Can intergovernmental organizations ("IGOs") use CC licenses?

Anyone may use CC licenses for works they own, including IGOs. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons published a 3.0 ported license suite specifically intended for use by IGOs. These ported licenses -- known as the 3.0 IGO ported licenses -- grant all of the same permissions as our international (unported) 3.0 licenses; however, they have two unique provisions. First, unlike all other 3.0 licenses, where the licensor is an IGO then unless otherwise mutually agreed, disputes are resolved by mediation or, if that is unsuccessful, through arbitration. This provision was included in response to the challenges IGOs face with enforcing their copyright. IGOs have privileges and immunities from national legal processes, including judicial processes. Waiving that immunity so they can bring suit in a national legal forum can be exceedingly difficult. Instead, IGOs typically use mediation and arbitration as the preferred means to resolve legal disputes.

Second, unlike the other 3.0 licenses, the 3.0 IGO ported licenses contain a cure period just like CC's new 4.0 licenses. If a licensee fixes a license violation within 30 days of discovery, the license automatically reinstates. The inclusion of the provision is intended to help reduce the likelihood that mediation and arbitration become necessary.

What should I know before I use a work licensed under the IGO 3.0 ported licenses?

You should be aware of the dispute resolution mechanism in the license, which is contained in Section 8(h). Disputes involving works licensed by IGOs under the licenses are resolved by mediation and arbitration.

Generally, mediation is a process used to avoid settling a dispute in court. The process typically involves a neutral third party (called a mediator) who tries to help the parties resolve the dispute. Mediation is not binding, however, unless the parties agree otherwise. Arbitration is also used to avoid settling a dispute in court, but the third party (called an arbitrator) has authority to make a decision in favor of one party. Arbitration tends to be more formal than mediation.

Before using any work licensed by an IGO under the IGO 3.0 ported licenses, be sure you understand what the mediation and arbitration processes are that have been chosen by the IGO and know what they mean for you. IGOs typically designate those in the copyright notice attached to the work.

How does the mediation and arbitration provision work?

Assuming a violation of the license has occurred and the dispute cannot be amicably resolved, the process starts with mediation. The IGO/licensor sends a notice of mediation to the licensee designating the mediation rules if those are not already identified in the copyright notice accompanying the work. If mediation is unsuccessful, then either the licensor or licensee can chose to commence arbitration. If arbitration becomes necessary, then those proceedings allow for remote participation (e.g., by teleconference, written submissions, etc.) whenever practicable.

IGOs have the ability to designate the particular mediation and arbitration rules in the copyright notice attached to the work, though the licensor and user of the work can always agree otherwise. If none is designated and no agreement is reached, then the mediation rules will be those identified in the notice of mediation sent to the licensee. If the matter progresses to arbitration, then unless otherwise stated in the copyright notice the rules that apply are the current Arbitration Rules of the United Nations Commission on International Trade Law (known as the UNCITRAL arbitration rules). The UNCITRAL rules are widely used by IGOs and others.

Note that Creative Commons does not endorse any particular mediation or arbitration rules. Creative Commons has published special deeds for the IGO 3.0 ported licenses that emphasize that disputes are resolved by mediation and arbitration. You should always take note before using a work by an IGO whether the license used is an IGO 3.0 ported license.

Do the 3.0 IGO ported licenses operate differently in other respects?

No, the only differences are the mediation and arbitration processes and the ability to cure a violation and regain your rights as a licensee. CC and the IGOs took great care to ensure that the interpretation of the licenses are no different otherwise than the 3.0 international licenses. The adjudicating body (the mediation or arbitration tribunal) will interpret the scope of the license and remaining obligations in accordance with general principles of international law. Exceptions and limitations remain unregulated by those licenses as well.

Note that the IGO 3.0 port is designed so that only IGOs as defined in the license are able to use mediation and arbitration. It is not available to anyone else using the licenses.

Examples of CC License Use by Intergovernmental Organizations

Commonwealth of Learning

European Cultural Foundation

European Funded

  • http://www.communia-project.eu/about COMMUNIA - The European Thematic Network on the Digital Public Domain, funded by the European Commission (the executive of the European Union), CC BY-SA (Unported).
  • European Organization for Nuclear Research (CERN) - CERN publishes its book catalog online as open data using the CC0 public domain dedication and the results of some Large Hadron Collider (LHC) experiments are published under various Creative Commons licenses.

European Space Agency

Inter-American Development Bank

  • The Inter-American Development Bank is requiring the adoption of Creative Commons by the organizations that receive funding from the Bank in the context of the FOMIN (Fondo Multiateral de Inversiones) initiatives, particularly the ICT4BUS, a fund that promotes the adoption of e-commerce in the American continent, which has financed more that thirty initiatives in Brazil, Argentina, Chile, Nicaragua and other Latin American countries. Banks require those initiative to use the GPL to license any software developed by organizations receiving support from the bank, and CC to license the documentation related with those computer programs, such as user manuals.

International Institute for Democracy and Electoral Assistance

World Bank

Retrieved from "https://wiki.creativecommons.org/index.php?title=Intergovernmental_Organizations&oldid=116994"

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#####EOF##### Creative Commons — Attribution-ShareAlike 3.0 Unported — CC BY-SA 3.0
This page is available in the following languages: Languages
cc logo

Creative Commons License Deed

Attribution-ShareAlike 3.0 Unported (CC BY-SA 3.0)

This is a human-readable summary of (and not a substitute for) the license. Disclaimer.

You are free to:

  • Adapt — remix, transform, and build upon the material
  • for any purpose, even commercially.
  • The licensor cannot revoke these freedoms as long as you follow the license terms.

Under the following terms:

  • Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.

  • ShareAlike — If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.

  • No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.

Notices:

  • You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.
  • No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
#####EOF##### A Dark Day for the Web: EU Parliament Approves Damaging Copyright Rules - Creative Commons
Creative Commons > Blog > Policy / advocacy / copyright reform > A Dark Day for the Web: EU Parliament Approves Damaging Copyright Rules

A Dark Day for the Web: EU Parliament Approves Damaging Copyright Rules

Timothy Vollmer

March 26, 2019

Today in Strasbourg, the European Parliament voted 348-274 (with 36 abstentions) to approve the Directive on Copyright in the Digital Single Market. It retains Article 13, the harmful provision that will require nearly all for-profit web platforms to get a license for every user upload or otherwise install content filters and censor content, lest they be held liable for infringement. Article 11 also passed, which  would force news aggregators to pay publishers for sharing snippets of their stories.

There was a potential opportunity to vote on amendments that would have removed the most problematic provisions in the draft directive, particularly Articles 13 and 11, but the preliminary vote even to consider amendments fell short by five votes, thus pushing the Parliament to move ahead and simply approve the entire package.

MEP Julia Reda called the decision “a dark day for internet freedom.” We agree. There was a massive outpouring of protest against the dangers of Article 13 to competition, creativity, and freedom of expression. This included 5+ million petition signatures, a gigantic action of emails and calls to MEPs, 170,000 people demonstrating in the in the streets, large websites and communities going dark, warnings from academics, consumer groups, startups and businesses, internet luminaries, and the UN’s Special Rapporteur on Freedom of Expression. Even so, it was not enough to convince the European legislator to change course on this complex and damaging provision that will turn the web upside down.    

Creative Commons CEO Ryan Merkley responded to the vote:

Despite an incredible show of public opposition to the directive, and an abundance of evidence that the proposals will favour large rights holders, damage online communities, slow or even stop innovation, and entrench established big tech players, the European legislature has decided to approve it. Regardless of this outcome, we’ll continue to work with Member States wherever we can to ensure the implementations of this directive minimize the negative impact we anticipate for the commons, and on users who want to share creativity and knowledge online.

We’re disappointed with the decision to push through Article 13 and 11, but the directive is not a total wash. There are some productive changes that will improve the situation of the commons, libraries & cultural heritage, and research sectors. For example, the directive includes a provision to ensure that digital reproductions of public domain works don’t get a separate copyright and will also be in the public domain. It includes text to improve the ability for cultural heritage institutions to preserve works and to make available copyrighted works from their collections that are no longer commercially available. And the directive slightly improves the copyright exception on text and data mining (TDM) by making mandatory an earlier optional provision that would expand the possibilities for those wishing to conduct TDM.

The final outcome of the European copyright directive reflects a disturbing path toward increasing control of the web to benefit only powerful rights holders at the expense of the rights of users and the public interest. It has been — and will continue to be — up to us all to fight for an open internet that sustains new creativity and upholds freedom of expression in the digital environment.

Category:Policy / advocacy / copyright reform
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#####EOF##### Marking your work with a CC license - Creative Commons

Marking your work with a CC license

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You have chosen a CC license for your work. Now how do you go about letting the world know? Here are some examples of how to mark your work with the CC license. Note: If you want to know how to attribute other creators' CC licensed materials, go here.

How to use the CC License Chooser

You can easily add a CC license notice to your website by visiting the CC license chooser. At the chooser, simply answer a few questions, fill in the fields you need, and receive an already formatted HTML code.

CC license chooser v2.png

At this point, all you have to do is:

1. Copy and paste the HTML code into your webpage or website.

The specifics of inserting the code depend on how you edit your website. The block of code should be inserted into the page HTML - most desktop website tools like Dreamweaver, Frontpage, or GoLive offer a "code view" that lets you see the code that makes up your page. Near the end of the page before you see </body></html>, paste the HTML code in directly.
If all of the resources you are publishing on a single website are licensed under the same CC license, it makes sense to paste the HTML code into your website’s template (e.g., in a footer or sidebar area). After saving the template, the chosen license information should appear everywhere on your site. Whether you add license information to a single page or an entire site, once live on the Internet, the license information will be displayed and the machines will be able to detect the license status automatically.

2. Edit the descriptive text to suit your needs.

For example, if you select CC BY in the chooser, the default text you receive in the second line of html code is:
This work is licensed under a <a rel="license" href="http://creativecommons.org/licenses/by/3.0/deed.en_US">Creative Commons Attribution 3.0 Unported License</a>.
The bolded text is descriptive, and you can edit it without affecting the code. For example, you might specify what 'work' you're talking about, or let users know that the entire site is available under the license unless noted otherwise. You could edit the bolded part as follows:
Except where otherwise noted, this website is licensed under a <a rel="license" href="http://creativecommons.org/licenses/by/3.0/deed.en_US">Creative Commons Attribution 3.0 Unported License</a>.

Example: Website

Cc.org cc by license.jpg

This is the CC license notice at the bottom of this website. The CC BY license notice shows up on every page of creativecommons.org. This is a good example because:

Author? - Since the license is for the CC website as a whole, which includes multiple authors, one attribution party is not specified. Instead, it is clarified in the Terms of Use (linked in the footer on the left) who owns what content.
License? - The specific CC license is noted (CC BY) and linked.
Machine-readability? - Yup. Copied and pasted code from the license chooser.
Other good stuff? - Also, we make it clear that we will let you know when material is governed by terms different from the CC BY license.

Example: Blog

Parker's blog

If you visit Parker's blog, you will see this notice. Parker filled out a few fields in the CC license chooser, which spit out an html code. He copied and pasted the html code into his website, editing the descriptive text to his needs. This is a really good example because:

Author? - Parker specified that he is the author of the work.
License? - Parker named and linked to the specific CC license (Creative Commons Attribution).
Machine-readability? - Yup. Copied and pasted code from the license chooser.
Other good stuff? - Yup. Parker indicated that the site was "parker higgins dot net."

Example: Offline document

For documents that are meant to be shared offline, use a title and/or copyright page to include the copyright notice and CC license information. You can obtain suggested text using the license chooser.

Help others attribute you.jpg

In the 'Help others attribute you!' box, select 'Offline' in the drop-down menu for 'License mark'. Instead of html, you will receive the following text which you can edit as needed: "This work is licensed under the Creative Commons Attribution 3.0 Unported License. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/." You can also download the corresponding CC license icon at our downloads page.

Example

Col cc notice.jpg

The Commonwealth of Learning (COL) added this CC license notice to their copyright page in the report entitled, Survey on Governments’ Open Educational Resources (OER) Policies. This is a good example because:

Author? - "by The Commonwealth of Learning"
License? - The notice clearly specifies the CC BY-SA license along with a link.
Machine-readability? - No, it's an offline document.
Other good stuff? - COL added a (c) copyright notice and a title for the work. COL also added a license icon to make it visually appealing and recognizable. (All CC license icons can be downloaded for free here.)

If you link to the document on a web page, make sure that the license information is clearly displayed next to the file, with all the recommended information below.

If you want to get technical and attempt embedding metadata within documents, see the CC-OpenOfficeOrg Addin for OpenOffice or the Microsoft Office add-ins for Microsoft Office 2003/XP, Office 2007/2010/2013.

Example: Image

8256206923 c77e85319e n.jpg
"Creative Commons 10th Birthday Celebration San Francisco" by tvol can be reused under the CC BY license

This photo was taken during CC's 10th birthday party in San Francisco by CC staff member tvol. This is a good example because:

Author? - "tvol" and linked to his Flickr profile page
License? - The specific CC license is noted (CC BY) and linked.
Machine-readability? - No, but it could be if we copied and pasted code from the CC license chooser.
Other good stuff? - Title is noted and linked to Flickr page where original image resides.

It is also easy to publish your image on an image sharing platform that has built-in CC licensing, such as Flickr, 500px, or Wikimedia Commons.

Note: We don't recommend adding a watermark or visual marker directly on an image, as it can detract from the original and prevent the reuse you want to allow with the CC license. Instead, make sure that the license information is clearly visible underneath (or otherwise next to) the image.

Example: Presentation

CC presentation example.jpg

This slide appears at the end of Jane Park's presentation called "Using the CC BY license, Workshop for 2013 OPEN Kick-off" at Slideshare. This is a good example because:

Author? - Clearly specifies that Creative Commons is the party that should be credited, along with a request to link to creativecommons.org.
License? - The specific CC license is noted (CC BY) with a link provided.
Machine-readability? - Yes, because it was uploaded to Slideshare, a slide-sharing platform that supports CC licensing.
Other good stuff? - Jane made use of one of the free CC_video_bumpers to iconically illustrate the CC BY license. She also makes it clear that she will let you know when material is governed by terms different from the CC BY license ('Except otherwise noted..' ).

If you link to or embed the presentation on a web page, make sure that the license information is clearly displayed next to the file, with all the recommended information below.

Example: Video

By bw small.png

This is a CC video bumper, which you can add to your video if you have room for a 2-5 second copyright frame. Here are some pre-made CC_video_bumpers and some newly updated bumpers (as of Feb. 2019).

You can edit these bumpers or create your own still with more information. Just make sure that such a still contains all the information recommended below.

Once you've added a copyright notice within your video, we recommend uploading your video to one of these video-sharing platforms that have built-in CC licensing. These platforms take care of the machine-readability for you. You can also add author and license info to any "about" field at these sites. After you've uploaded the videos, you can share the video on your own website or blog using the platform's "embed" feature.

If you link to or embed the video on a web page, make sure that the license information is clearly displayed next to the file, with all the recommended information below. For example, this blog post does a good job of displaying the CC license information about the video outside of its medium.

Video embed example.jpg

If you want to get technical, we have a document about marking materials so that they are machine-readable.

Example: Audio

CC podcast introduction by Cory Doctorow

This is a sample CC audio bumper which you can add at the beginning of an audio file to orally tell users of the CC license. Feel free to use intro bumpers developed by various Internet celebrities. You can also create your own, which can include more information as recommended below.

For audio, we recommend uploading your file to one of the music sharing platforms or communities that support CC licensing. These platforms take care of the machine-readability for you. You can also add author and license info to any "about" field at these sites.

If you link to the file on a web page, make sure that the license information is clearly displayed next to the file, with all the recommended information below.

If you want to get technical, Use your favorite audio player to add in the information. See Embedded_Metadata. You can also add ID3 tags to a common audio file type, such as the MP3, or browse other file types.

Example: Dataset

Rufous woodpecker metadata.jpg

This is a CC license notice for a snippet of metadata that is part of the India Biodiversity Portal dataset. All the info is displayed once you click on the "i" to "Show details." This is a good example because:

Author? - Clearly noted in the Contributors field as "Chitra Ravi, Content Editor, India Biodiversity Portal"
License? - The specific CC license is displayed via CC BY license icon and linked to the deed.
Machine-readability? - No, but they're working on that.
Other good stuff? - References used to create the summary/brief noted. License and author info easily found by clicking on "i" for more details.
Rufous woodpecker image marking.jpg

This is the CC license notice for the image to the right of the dataset which in this case is governed by different terms. This is a good example because:

Author? - Clearly noted once you click on the "i" under Attributions - Flickr user "ric seet"
License? - CC BY-NC-ND, which is displayed in icon and icon is linked to the deed
Machine-readability? - No, but they're working on that.
Other good stuff? - Link included to original Flickr image and even date that image was accessed. License and author info easily found by clicking on "i" for more details.

Author, License, Machine-readability

A good rule of thumb is to use the acronym ALM, which stands for Author, License, Machine-readability.

Author - Who should the user attribute?

This means the person who owns the copyright to the material and is licensing it to the public, aka the 'licensor.' If you are the licensor, then name yourself! If you're only one of the licensors, then name the others, too. If you are licensing the material on behalf of another entity, such as an organization, then you would note that instead.

License - How can the material be used?

This one's easy--they can use it under the CC license! Make sure to name the specific CC license the material is under and link to it, eg. Creative Commons Attribution 4.0 License with a link to http://creativecommons.org/licenses/by/4.0/. Don't just say the material is Creative Commons, because that says nothing about how the material can actually be used. Remember that there are six different CC licenses!
→ Also consider including the corresponding CC license icon, a visible indication of the license that is recognized as part of the CC brand around the world, eg. http://i.creativecommons.org/l/by/3.0/80x15.png

Machine-readability - Can machines read it?

We live in the digital age, so this is very important. If you want search engines and software systems to be able to detect the CC license, then make sure to use our license chooser tool to get the machine-readable html code, which you can then easily paste into web pages. This code is simply a summary of the license in a format that machines can understand, hence the term "machine-readability". (Note: You can also upload your work to a content sharing platform that supports CC licensing and takes care of the machine-readability for you.)

Lastly, Is there anything else the user should know about the material?

Is your work a modification of another work? Does your work incorporate elements of several third party materials? Are you adding any warranties, or modifying the existing disclaimer in the CC license? Are you granting additional permissions beyond what the license allows? If your answer is yes to any of these, then you should note that along with the license information about your work. For example, if your work incorporates third party materials, you would note those materials and make sure to attribute each of them correctly. This is also your chance to grant additional permissions. For example, if you license something under CC BY but are okay with people not attributing you in certain cases--this is your chance to specify those cases. You can't change the terms of a CC license, but you can always grant additional permissions or warranties.

Content-sharing platforms

One way to increase visibility and access to your work is to share it with an existing community on a content-sharing platform. Many platforms support machine-automated CC licensing, making it easy for you to indicate the license along with other information, such as who to attribute. In addition, these platforms may offer the ability to filter or search content by CC license, which increases the chances that your work may be discovered. Search engines, such as Google or Yahoo!, also index CC-licensed works from these platforms.

Take a look at how to license your work on a few of these platforms, like Vimeo and Soundcloud, at Publish.

If your favorite platform does not enable CC licensing, the best thing to do is to add in the license information manually as you would on your own site. There is usually a description or other free form field where you can enter info about the work. You might also consider encouraging your platform or community to enable CC licensing. If the demand is great, they just might listen.

Adding a CC0 public domain notice to your work

If you have decided to dedicate your work to the public domain using CC0, you can use the CC0 waiver tool just like you use the CC license chooser. Simply fill in the fields at the form, go through the the necessary steps of reading and understanding what rights you are giving up with CC0, and receive the already formatted html code at the end, as show below.

Ml blog cc0.jpg File:Ml blog cc0 2.jpg

Then copy and paste the resulting html into your website as you normally would, following best practices outlined above for adding a CC license using the license chooser.

You can see how Mike did that here, and by visiting his blog: File:Ml blog cc0 3.jpg

You can also upload your work to a content-sharing platform that supports CC0.

If you want to mark specific media, see the different examples above. You would simply exchange the CC license text with the CC0 waiver text, shown in the example below.

Example: CC0

Casey image cc0.jpg

The text reads: "Copyright and related rights waived via CC0"

This blog post is a good example of marking an image with CC0 instead of a CC license because:

It tells you what the CC0 tool actually does and links to the CC0 deed so that users may understand further. It is also clear that CC0 is not a license, but a waiver.

Other issues

Adding a CC license to your derivative work

If the work you are licensing is a derivative of another work, then in addition to following best practices above, you need to let your potential users know a few things:

  • That your work is a derivative of another work
  • Attribution for the original work (see Best practices for attribution)
  • If there are any other rights (eg. third party content used under fair use or other exceptions) that they should be aware of

Remember that if your work is an adaptation of a work licensed under either CC BY-SA or CC BY-NC-SA, then your derivative work must be made available under the same license as per the ShareAlike condition.

Note: When modifying materials under one of the Version 4.0 CC licenses, you must make a note of any modifications you make to the materials, regardless of whether the modification is significant enough to merit a derivative work. For examples, see Best practices for attribution.

Noting third-party content in your work

When you add a CC license to your work, you are only granting permissions to the rights you hold in the work. So if your work is a derivative of another creator's CC-licensed work, or otherwise incorporates third-party content under fair use or other exceptions, then you should make a note of that for your users. Your CC license only ever covers the rights you have in the content you create, and never other content by third parties.

If you are incorporating materials offered under other CC licenses, then see our best practices for attribution.

For more information, or for tips on how to mark content that is incorporated under fair use or other exceptions, see marking third-party content.

Don't call it a CC license if it isn't

When marking your work, remember that any restriction or modification to the original license cannot be labeled a 'Creative Commons’ license. See our Trademark policy.es: Marcando tu obra con una licencia CC

Retrieved from "https://wiki.creativecommons.org/index.php?title=Marking_your_work_with_a_CC_license&oldid=116977"

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#####EOF##### Network Platforms - Creative Commons
Creative Commons > What we do > Global Affiliate Network > Network Platforms

Network Platforms

Platforms are how we organize areas of work for the Creative Commons community, where individuals and institutions organize and coordinate themselves across the CC Global Network.

Platforms are the way we create and communicate strategic collaboration to have worldwide impact – it is the way our network works collaboratively. The platforms are open to anyone willing to contribute and develop usable, vibrant and collaborative global commons.

As we are fleshing out the new global network structure and implementing the strategy approved at the 2017 Global Summit in this what we call transition period before CCGN gets finally in shape and ready to set sail, we also have made it clear that anyone in CC community should feel free to propose ideas, initiate dialogues, and start to shape collaborative efforts around their interested topics and areas, sometimes by building upon what they have already been doing on their own.

During and after 2017 Toronto Global Summit, 4 groups so far have been created as community-driven efforts and claimed to work together on specific topics and areas that they think are obvious key areas that are of interest to many CC communities around the world.

You can find a full list of all the platforms currently under development on GitHub. Please join and contribute to shaping how CC community works together to make a more open and vibrant commons around the world.

#####EOF##### ShareAlike compatibility analysis: GPL - Creative Commons

ShareAlike compatibility analysis: GPL

From Creative Commons
Jump to: navigation, search

GPLv3 is a copyleft license primarily used for software, stewarded by the Free Software Foundation. Published in 2007, it is one of the most widely-used free software licenses, and the most widely used copyleft, as well as one of the influences on the Creative Commons licenses. It requires users of licensed material to share alike and to provide attribution to the author(s), and it does not violate the definition of Free Cultural Licenses. Thus, it satisfies the minimum criteria for compatibility set forth in our ShareAlike compatibility criteria. See the full compatibility analysis here.

GPL v3 and BY-SA 4.0 are similar licenses with similar aims. But because GPLv3 was written specifically for licensing software, it does have some differences from BY-SA, which are explained in more detail below.

Summary of comparison: GPLv3 and BY-SA 4.0

  • The scope of licensed rights in the two licenses is similar but not identical. There are a few key differences: unlike BY-SA, GPL explicitly licenses patent rights where owned by the copyright holder, and addresses "copyright-like rights" (specifically including semiconductor mask rights), and does not explicitly mention sui generis database rights and neighboring rights. Moral rights are also not explicitly addressed in GPLv3.
  • The specific attribution and marking requirements vary slightly, including that GPLv3 addresses authorship information by requiring a copyright notice, while BY-SA requires authorship information even when a work has no copyright notice.
  • Source code, defined as the preferred form for modification of a work, must be conveyed with GPL works. Source must be sufficient to install, use, and modify the work. BY-SA has no source requirement.
  • Both licenses contain a reinstatement mechanism; GPLv3 is slightly more complicated. In some situations, reinstatement of rights may happen under BY-SA but not GPLv3 and vice versa.
Features BY-SA 4.0 GPL 3.0
License scope Copyright, neighboring rights and sui generis database rights (SGDRs) (§1(d)) Copyright, copyright-like laws (including semiconductor masks) (§2), patent rights if owned by copyright holder (§11)
Attribution trigger If there is applicable copyright in work, then when work or adaptation of work is shared. (§3(a))


If there are applicable SGDRs in work, then when all or a substantial portion of database contents is shared. (§4(c))

 Action that implicates copyright in a manner that enables other parties to make or receive copies (§§4-6), except if giving to other party solely so they can run the works for you on their facilities or make modifications for you (§2)
Attribution removal clause Yes (§3(a)(3)) No
Attribution elements
  1. creator and attribution parties
  2. copyright notice
  3. license notice
  4. disclaimer notice
  5. URI or link to the licensed material
  6. indicate and link to license

(§3(a)(1))
  1. copyright notice
  2. license notices and any notice of additional terms
  3. notices about lack of warranty
  4. copy of the license

(§4)
Special marking requirement if work is modified Yes (indicate if you modified and retain indication of previous modifications) (§3(a)(1)(B)) Yes (notice that you modified the work, with the relevant date; special notices for interactive user interfaces)(§5)
ShareAlike trigger When adaptation is shared (§3(b)) When the modified work is conveyed (§5)
ShareAlike scope Must ShareAlike contributions to adaptations (§3(b));


Must ShareAlike database if it incorporates substantial portion of database contents (§4(b))

 Must share entire work under GPL terms if copyright permission was needed to create the modified work.


Compilation of licensed work with other separate and independent works permitted; compilation itself must be at least as free as licensed work.(§5)
Source requirement No Yes; source required if work not already distributed in preferred form for modification, may be provided in varying ways as specified by license. (§6)
Effective technological measures May not be applied by licensees if they restrict access to the work or adaptations (§2(a)(5)(C))


Licensees have express permission to circumvent if applied by licensor (§2(a)(4))

 No explicit mention, so implicitly permitted on non-source forms, though ability to forbid circumvention is waived (§3); Requirement for source to be conveyed in a publicly documented format without technical restrictions, which ensures no lockup by ETMs (§6).
Moral rights Waived only to the extent necessary to allow the license to function. (§2(b)(1)) No explicit mention
Termination Automatic upon breach (§6(a)) Automatic upon breach (§8)
Reinstatement after termination Requires express permission unless cured within 30 days of discovery of violation (§6(b)) Automatic upon cure of breach within 30 days of notice by licensor unless not first violation; also automatic upon cure if copyright holder fails to notify you of violation within 60 days of cure (§8)
Reps & warranties Expressly disclaimed (§5) Expressly disclaimed (§§15-16)
Choice of law None None
Option to comply with other license versions Yes, but limited. Licensees may choose to comply with a later version of BY-SA if such version is applied to an adaptation of the work.

(§2(a)(5)(B), §(3)(b)(1))

 Compliance with any version automatically permitted if no version specified; but licensor may specify "or any later versions" or may select a proxy to decide which later versions are allowed. No additional obligations are imposed on authors where a reuser follows a later version. (§§14)
Retrieved from "https://wiki.creativecommons.org/index.php?title=ShareAlike_compatibility_analysis:_GPL&oldid=114476"

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#####EOF##### Team - Creative Commons
Creative Commons > What we do > Team

Team

Creative Commons is a network of staff, board, emeritus, advisory council, audit committee, and affiliates around the world.


Our Staff


Our Board


Emeritus


Advisory Council


Audit Committee


Ryan, Mari, and Alison work through 0941176 B.C. Ltd. — a wholly owned subsidiary of Creative Commons whose sole activity is to provide services to CC. 0941176 B.C. Ltd. is operated separately from our CC Canada affiliate.

#####EOF##### Store - Creative Commons
Creative Commons > What we do > Store

Store

michelle1_largeThe CC Store

Visit our store to get quality CC branded shirts, buttons stickers and more.

The Open Store

Browse extraordinary Creative Commons-licensed books, movies, and music on our Amazon store. Support CC by shopping with our referral links.

Featured Items

The Art of Asking: How I Learned to Stop Worrying and Let People Help by Amanda Palmer

Rock star, crowdfunding pioneer, and TED speaker Amanda Palmer knows all about asking. Performing as a living statue in a wedding dress, she wordlessly asked…

Buy it

Shaking The Habitual by The Knife

The Knife was formed in Gothenburg Sweden by sister/brother duo Karin Dreijer Andersson and Olof Dreijer. Having released four albums as The Knife (including their…

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#####EOF##### CC0 - Creative Commons

CC0

From Creative Commons
Jump to: navigation, search

CC0 is the "no copyright reserved" option in the Creative Commons toolkit - it effectively means relinquishing all copyright and similar rights that you hold in a work and dedicating those rights to the public domain.

CC0 is a single purpose tool, designed to take on the dedication function of the former, deprecated Public Domain Dedication and Certification.

How effectively CC0 works will depend on the legal regime in which the work is used, but the tool is intended to effectively release rights even in jurisdictions where it is difficult to do so.

Note that CC0 is a three-tier instrument. We recognize that a waiver may not be effective in some jurisdictions. CC0's enforceability is not solely dependent on the waiver. The fall back public license -- the second tier -- is similar to our Attribution-only license but without the attribution requirement. The third tier is a non-assertion by the copyright holder that even if the waiver and license do not operate as intended, the copyright holder will not take any actions that prevent a user of the work from exercising rights consistent with the intention of the copyright holder as expressed in CC0.

For detailed information, see the CC0 FAQ.

CC0 Translations

Translations of CC0 may be conducted according to the Legal Code Translation Policy.

See the CC0 translations completed or in progress.

Retrieved from "https://wiki.creativecommons.org/index.php?title=CC0&oldid=115888"

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#####EOF##### The Value of Human Readable Deeds - Creative Commons
Creative Commons > Blog > About CC > The Value of Human Readable Deeds

The Value of Human Readable Deeds

February 18, 2009

By now you’ve probably heard that Facebook modified their Terms of Service and after facing a huge community backlash, returned them to their original state. Most of the issues at play were outside the scope of what we work on at CC, but the incident brings up something that we are very much interested in: human readable legal deeds.

Whether you believe Facebook was acting in their users’ best interest, or if you think the social network’s lawyers were trying to slip something past their community, one thing is clear: the meaning behind the change in Facebook Terms of Service was not explicit to its 175 million users, and they weren’t happy with it. Put simply, Facebook’s Terms of Service were not human readable.

One way of thinking about Creative Commons is that we give a user-interface to copyright law through our human readable deeds, machine readable metadata, and lawyer readable licenses. The human readable deed (which you will be familiar with if you’ve ever clicked on a CC badge) allows users and authors of content to clearly understand what rights the public has to use a work and what obligations to the original creator must be upheld. More specifically, human readable license deeds, CC’s metadata infrastructure and our brand all work together to avoid the kind of confusion and panic Facebook’s amended Terms of Service caused. By using a CC license as the default license for a platform, such as on the free-as-in-speech microblog community Identi.ca, both administrators and users can be clear about how their work will be reused by the public because CC licenses are a standard now adopted by millions of people.

Communicating to your users about how their work will be used is an ongoing and crucial responsibility of all online community leaders and CC licenses are designed to alleviate this responsibility by clarifying copyright questions for authors, users, and platforms alike.

If anyone at Facebook is interested in implementing CC licenses for user content, get in touch.

Category:About CC Weblog
Tags:, , ,

4 thoughts on “The Value of Human Readable Deeds”

  1. this is a great idea! last week, facebook signed on to the openID group… why not creative commons!?!

    too boot, i think we need to do this with all legislation. who needs lawyers anyway? 😉

  2. The problem with ‘human readable’ licenses is that they aren’t the actual licenses. They’re just a summary of varying degrees of accuracy. Have we figured out what ‘non-commercial’ or ‘no derivatives’ actually means?

  3. Normal people don’t even get how SA works. (Or at least if I am normal, if not, abnormal people like me.) And BY-SA is my preferred license for my non-code works.

    drew

  4. I’ve been an admirer of human-readable deeds since I first saw the CC-By license.

    I think it is a great practice. It establishes the intention of the licensor pretty clearly and if there were a conflict with the legal form, I would expect the legal form to be repaired, not for the deed to be complexified.

Comments are closed.

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#####EOF##### Platforms: A commons-based approach to global collaboration - Creative Commons
Creative Commons > Blog > Events > Platforms: A commons-based approach to global collaboration

Platforms: A commons-based approach to global collaboration

The Global Network will identify and collaborate on a series of shared interests and priorities, which we have called Platforms.

Alek TarkowskiClaudio Ruiz

and

April 24, 2017

cc-summit

CC’s community grew up around the licenses, but over the past decade it has evolved into a powerful and diverse movement of interests and areas of work including open policy, open education, access to research and data, and cultural sharing. While those communities grew naturally, CC has never had a model for collaboration, shared goal-setting, and mobilizing action. The new network strategy, for the first time, creates a simple structure to enable global collaboration and action.

The Global Network will identify and collaborate on a series of shared interests and priorities, which we have called Platforms. A Platform is an area of work, a space for individuals and institutions to organize and coordinate themselves across the broad network. It’s open to anyone inside and outside the Creative Commons Global Network to support, share experience and collaborate on its goals and objectives. Through Platforms, we want to initiate strategic collaboration between network members that will have worldwide impact.

We are using the opportunity of this Global Summit to open the conversation about designing Platforms in several ways. On Friday, just after the opening, we will host a session called Programs for the New CC Global Network: How Can We Work Together? (Friday 13:30 – 15:00), where we expect to talk about the future work our community would like to be engaged to work in the future and have a big picture conversation about it. On Sunday (13:30 – 15:30), there will be a session called A Platform for Big Thinking about CC, a follow up session to the first, where we expect to think really big about the Future of the Commons, both in terms of challenges surrounding CC but also the Digital Commons.

Then, we will have specific sessions on Platforms related to the Open Education Platform (Friday 15:00 – 16:50), Copyright Reform (Saturday 15:30 – 18:00) and Open GLAM (Galleries, Libraries, Archives and Museums) (Sunday 13:30 – 15:30). And, strongly connected with this community-driven effort, we also scheduled a specific session on Building a culture of appreciation for the new Global Network (Saturday, 16:00 – 17:30) where we expect to open a conversation about requirements, needs and tools we would like to see to make our community strengthen and grow healthy and diverse.

While participating in the Summit, and especially leading sessions, please keep in mind the possibility of establishing a platform around a shared issue of interest. We have prepared guidelines for people interested in proposing a platform.

The CC Summit is an exciting opportunity for global collaboration and action. Summit participants will begin to share their goals, objectives, strategies, and tactics and lead a global conversation towards a stronger commons and community through an open invitation that starts at Summit, but will continue through the year, and beyond.

The Summit is the beginning of this conversation as well as the beginning of a big experiment in working together. By proposing a platform early on, you can join this early phase of testing how platforms will function. If you have ideas about CC platforms, please share them on social media using #ccplatforms hashtag and in our Slack. We would be very happy to see a broad range of platforms being discussed. Join us.

Category:Events

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#####EOF##### Frequently Asked Questions - Creative Commons
English | Français

Frequently Asked Questions

2019-04-02 14:07:11 UTC

These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information.

  • Other CC FAQs: CC0 Public Domain Dedication and Public Domain Mark.
  • “Licensor”, “rights holder”, “owner”, and “creator” may be used interchangeably to refer to the person or entity applying a CC license.
  • Information about the licenses is primarily made with reference to the 4.0 suite, but earlier license versions are mentioned where they differ.
  • Have a question that isn’t answered here? Contact info@creativecommons.org.

Creative Commons does not provide legal advice. This FAQ is for informational purposes and is not a substitute for legal advice. It may not cover important issues that affect you. You should consult with your own lawyer if you have questions.

About CC

What is Creative Commons and what do you do?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. Our legal tools help those who want to encourage reuse of their works by offering them for use under generous, standardized terms; those who want to make creative uses of works; and those who want to benefit from this symbiosis. Our vision is to help others realize the full potential of the internet. CC has affiliates all over the world who help ensure our licenses work internationally and who raise awareness of our work.

Although Creative Commons is best known for its licenses, our work extends beyond just providing copyright licenses. CC offers other legal and technical tools that also facilitate sharing and discovery of creative works, such as CC0, a public domain dedication for rights holders who wish to put their work into the public domain before the expiration of copyright, and the Public Domain Mark, a tool for marking a work that is in the worldwide public domain. Creative Commons licenses and tools were designed specifically to work with the web, which makes content that is offered under their terms easy to search for, discover, and use.

For more information about CC, our main website contains in-depth information about the organization, its staff and board of directors, its history, and its supporters. You can also read CC case studies to learn about some of the inspiring ways CC licenses and tools have been used to share works and support innovative business models. You can find regularly updated information about CC by visiting the blog.

Absolutely not. CC has responded to claims to the contrary. CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

That said, Creative Commons recognizes the need for change in copyright law, and many members of the Creative Commons community are active participants in the copyright reform movement. For more information, see our statement in support of copyright reform.

What does “Some Rights Reserved” mean?

Copyright grants to creators a bundle of exclusive rights over their creative works, which generally include, at a minimum, the right to reproduce, distribute, display, and make adaptations. The phrase “All Rights Reserved” is often used by owners to indicate that they reserve all of the rights granted to them under the law. When copyright expires, the work enters the public domain, and the rights holder can no longer stop others from engaging in those activities under copyright, with the exception of moral rights reserved to creators in some jurisdictions. Creative Commons licenses offer creators a spectrum of choices between retaining all rights and relinquishing all rights (public domain), an approach we call “Some Rights Reserved.”

No. Creative Commons is not a law firm and does not provide legal advice or legal services. CC is similar to a self-help service that offers free, form-based legal documents for others to use. These FAQ answers many of the most common questions. There is also specialized information available on the following pages:

While CC does provide this informational guidance about its licenses and other tools, this information may not apply to your particular situation, and should never be taken as legal advice.

If you’re looking for legal advice about using CC licenses and other tools, we recommend contacting the Creative Commons affiliate in your jurisdiction. CC affiliates are highly connected to the communities of copyright lawyers in their countries. We also offer a list of lawyers and organizations who have identified themselves as willing to provide information to others about CC licensing issues. However, please note that CC does not provide referral services, and does not endorse or recommend any person on that list.

Does Creative Commons collect or track material licensed under a CC license?

No, CC does not collect content or track licensed material. However, CC builds technical tools that help the public search for and use works licensed under our licenses and other legal tools, and many others have built such tools as well. CC Search is one tool developed by CC to help the public discover works offered under Creative Commons licenses on the internet via CC-aware search engines and repositories.

What do the Creative Commons buttons do?

The CC buttons are a shorthand way to convey the basic permissions associated with material offered under CC licenses. Creators and owners who apply CC licenses to their material can download and apply those buttons to communicate to users the permissions granted in advance. When the material is offered online, the buttons should usually link out to the human-readable license deeds (which, in turn, link to the license itself).

May I use the Creative Commons logo and buttons?

You may download high resolution versions of the Creative Commons logos and use them in connection with your work or your website, provided you comply with our policies. Among other things, if you use the logos on a website or on your work, you may not alter the logos in any respect—such as by changing the font, the proportions, or the colors. CC’s buttons, name, and corporate logo (the “CC” in a circle) are trademarks of Creative Commons. You cannot use them in ways not permitted by our policies unless you first receive express, written permission. This means, for example, that you cannot (without our permission) print your own buttons and t-shirts using CC logos, although you can purchase them in CC’s store.

I love Creative Commons. How can I help?

Please support CC by making a donation through our support page. Donations can be handled through PayPal or by credit card. You can also support CC by visiting our store.

CC always welcomes your feedback, which you can provide by emailing . You can also participate in CC’s email discussion lists and share feedback and ideas in one of those forums.

If you are a software developer, sysadmin, or have other technical expertise, please join our developer community and help build the tools that build the commons.

Finally, one of the best ways to support CC is by supporting our causes yourself. Follow our blog to find out about current issues where you can help get involved and spread the word, and advocate for free and open licensing in your own communities.

Why does Creative Commons run an annual fundraising campaign? What is the money used for and where does it go?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, with affiliates all over the world who help ensure our licenses work internationally and raise awareness about our work. Our tools are free, and our reach is wide.

In order to…

  • continue developing our licenses and public domain tools to make sure they are legally and technically up-to-date around the world,
  • help creators implement these tools on websites through best practices and individual assistance,
  • enable CC licensing on major content-sharing platforms,
  • enhance CC-licensed resource search and discovery,
  • advocate for CC licensing and open policies in education, science, and culture, and
  • myriad other activities we’re forgetting to mention, such as all the everyday boring but essential operations that go into running an organization

…we need $ to make it all happen! For more information, please take a look at our Annual Report.

Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. It is essential we have the public’s support because it is the creators and users of CC material who make our tools relevant in this digital age. They depend on the tools and services CC provides through their reuse and remix of the rich, open resources available on Wikipedia, Flickr, SoundCloud, Vimeo, Europeana, MIT OpenCourseWare, the Library of Science, Al Jazeera, and YouTube—just to name a few. Many of these people donate $10, $25, or $50 to CC, to help keep it up and running so we can continue to provide our tools and services for free, as a nonprofit organization. The more people who donate to CC, the more independent it will remain.

General License Information

What are Creative Commons licenses?

Creative Commons licenses provide an easy way to manage the copyright terms that attach automatically to all creative material under copyright. Our licenses allow that material to be shared and reused under terms that are flexible and legally sound. Creative Commons offers a core suite of six copyright licenses. Because there is no single “Creative Commons license,” it is important to identify which of the six licenses you are applying to your material, which of the six licenses has been applied to material that you intend to use, and in both cases the specific version.

All of our licenses require that users provide attribution (BY) to the creator when the material is used and shared. Some licensors choose the BY license, which requires attribution to the creator as the only condition to reuse of the material. The other five licenses combine BY with one or more of three additional license elements: NonCommercial (NC), which prohibits commercial use of the material; NoDerivatives (ND), which prohibits the sharing of adaptations of the material; and ShareAlike (SA), which requires adaptations of the material be released under the same license.

CC licenses may be applied to any type of work, including educational resources, music, photographs, databases, government and public sector information, and many other types of material. The only categories of works for which CC does not recommend its licenses are computer software and hardware. You should also not apply Creative Commons licenses to works that are no longer protected by copyright or are otherwise in the public domain. Instead, for those works in the worldwide public domain, we recommend that you mark them with the Public Domain Mark.

How do CC licenses operate?

CC licenses are operative only when applied to material in which a copyright exists, and even then only when a particular use would otherwise not be permitted by copyright. Note that the latest version of CC licenses also applies to rights similar to copyright, such as neighboring rights and sui generis database rights. Learn more about the scope of the licenses. This means that CC license terms and conditions are not triggered by uses permitted under any applicable exceptions and limitations to copyright, nor do license terms and conditions apply to elements of a licensed work that are in the public domain. This also means that CC licenses do not contractually impose restrictions on uses of a work where there is no underlying copyright. This feature (and others) distinguish CC licenses from some other open licenses like the ODbL and ODC-BY, both of which are intended to impose contractual conditions and restrictions on the reuse of databases in jurisdictions where there is no underlying copyright or sui generis database right.

All CC licenses are non-exclusive: creators and owners can enter into additional, different licensing arrangements for the same material at any time (often referred to as “dual-licensing” or “multi-licensing”). However, CC licenses are not revocable once granted unless there has been a breach, and even then the license is terminated only for the breaching licensee.

There are also videos and comics that offer visual descriptions of how CC licenses work.

Which is the latest version of the licenses offered by Creative Commons?

In November 2013, Creative Commons published the version 4.0 license suite. These licenses are the most up-to-date licenses offered by CC, and are recommended over all prior versions. You can see how the licenses have been improved over time on the license versions page. 4.0 has been drafted to be internationally valid, and will have official translations becoming available after publication.

No. By design, CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions. This is a fundamental principle of CC licensing.

Who gives permission to use material offered under Creative Commons licenses?

Our licenses and legal tools are intended for use by anyone who holds copyright in the material. This is often, but not always, the creator.

Creative Commons offers licenses and tools to the public free of charge and does not require that creators or other rights holders register with CC in order to apply a CC license to a work. This means that CC does not have special knowledge of who uses the licenses and for what purposes, nor does CC have a way to contact creators beyond means generally available to the public. CC has no authority to grant permission on behalf of those persons, nor does CC manage those rights on behalf of others.

If you would like to obtain additional permissions to use the work beyond those granted by the license that has been applied, or if you’re not sure if your intended use is permitted by the license, you should contact the rights holder.

Are Creative Commons licenses enforceable in a court of law?

Creative Commons licenses are drafted to be enforceable around the world, and have been enforced in court in various jurisdictions. To CC’s knowledge, the licenses have never been held unenforceable or invalid.

CC licenses contain a “severability” clause. This allows a court to eliminate any provision determined to be unenforceable, and enforce the remaining provisions of the license.

What happens if someone applies a Creative Commons license to my work without my knowledge or authorization?

CC alerts prospective licensors they need to have all necessary rights before applying a CC license to a work. If that is not the case and someone has marked your work with a CC license without your authorization, you should contact that person and tell them to remove the license from your work. You may also wish to contact a lawyer. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What are the international (“unported”) Creative Commons licenses, and why does CC offer “ported” licenses?

One of CC’s goals is ensuring that all of its legal tools work globally, so that anyone anywhere in the world can share their work on globally standard terms. To this end, CC offers a core suite of six international copyright licenses (formerly called the “unported”) that are drafted based largely on various international treaties governing copyright, taking into account as many jurisdiction-specific legal issues as possible. The latest version (4.0) has been drafted with particular attention to the needs of international enforceability.

For version 3.0 and earlier, Creative Commons has also offered ported versions of its six core licenses for many jurisdictions (which usually correspond to countries, but not always). These ported licenses are based on the international license suite but have been modified to reflect local nuances in the expression of legal terms and conditions, drafting protocols, and language. The ported licenses and the international licenses are all intended to be legally effective everywhere. CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

Can governments and intergovernmental organizations (“IGOs”) use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors’ overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the “machine readable” layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]”; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you’re uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC’s Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC’s legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC’s Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and running pilot programs that allow creators to use CC licenses in some circumstances.

If you are already a member of a collecting society and want to use CC licenses, you are welcome to encourage your collecting society to give you the option of Creative Commons licensing.

Can I still make money from a work I make available under a Creative Commons license?

Yes. One of our goals is to encourage creators and rights holders to experiment with new ways to promote and market their work. There are several possible ways of doing this.

CC’s NonCommercial (NC) licenses allow rights holders to maximize distribution while maintaining control of the commercialization of their works. If you want to reserve the right to commercialize your work, you may do this by choosing a license with the NC condition. If someone else wants to use your work commercially and you have applied an NC license to your work, they must first get your permission. As the rights holder, you may still sell your own work commercially.

You may also use funding models that do not depend on using an NC license. For example, many artists and creators use crowdfunding to fund their work before releasing it under a less restrictive license. Others use a “freemium” model where the basic content is free, but extras such as a physical printed version or special access to a members-only website are for paying customers only.

For more information and ideas, The Power of Open presents case studies of artists, businesspeople, and organizations who use CC.

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

No. CC licenses allow for flexibility in the way credit is provided depending on the medium, means, and context in which a licensee is redistributing licensed material. For example, providing attribution to the creator when using licensed material in a blog post may be different than doing so in a video remix. This flexibility facilitates compliance by licensees and reduces uncertainty about different types of reuse—minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded.

Can I change the license terms or conditions?

Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons” or “CC” license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials. Keep in mind that altering terms and conditions is distinct from waiving existing conditions or granting additional permissions than those in the licenses. Licensors may always do so, and many choose to do so using the CC+ protocol to readily signal the waiver or additional permission on the CC license deed.

CC does not assert copyright in the text of its licenses, so you are permitted to modify the text as long as you do not use the CC marks to describe it. However, we do not recommend this. We also advise against modifying our licenses through indirect means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other material. This would prevent licensees from using, combining, or remixing content under your customized license with other content under the same or compatible CC licenses.

Modifying licenses creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.

Can I waive license terms or conditions?

Yes. You may always choose to waive some license terms or conditions. Material licensed under a CC license but with additional permissions granted or conditions waived may be compatibly licensed with other material under the same license. Our CC+ protocol provides a mechanism for facilitating that grant or waiver.

Can I enter into separate or supplemental agreements with users of my work?

Yes. CC licenses are nonexclusive. Licensors always have the option of entering into separate arrangements for the sharing of their material in addition to applying a CC license. However, those different arrangements are not “CC” or “Creative Commons” licenses.

Separate agreements: You may offer the licensed material under other licenses in addition to the CC license (a practice commonly referred to as “dual licensing”). For example, you may wish to license a video game soundtrack under both a CC license and the GPL, so that it may be used under either set of terms. A reuser may then choose which set of terms to comply with. Or, for example, you may offer your material to the public under a NonCommercial license, but offer commercial permissions to fee-paying customers.

Supplemental agreements: Problems arise when licensors design those terms or arrangements to serve not as separate, alternative licensing arrangements but as supplemental terms having the effect of changing the standard terms within the CC license. While you may offer separate terms and conditions to other parties, you should not do so in such a way that would neutralize terms of the CC license.

Except in the limited situation where more permissions are being granted or license conditions are waived, if the additional arrangement modifies or conflicts with the CC license terms, then the resulting licensing arrangement is no longer a CC licensing arrangement. To avoid confusing those who may mistakenly believe the work is licensed under standard CC terms, we must insist that in these instances licensors not use our trademarks, names, and logos in connection with their custom licensing arrangement.

It should be noted that any agreements you make with other parties only have an effect on the other parties to that agreement, and do not apply to anyone else receiving the licensed material. For example, if there are terms of use that apply to visitors to your website on which you host CC-licensed material, your terms of use may apply to visitors to that website, but not to anyone who receives copies of the CC-licensed material elsewhere. Even for the visitors to your website, any separate terms and conditions do not become part of the license—they remain a separate contractual agreement, and violation of this agreement does not constitute copyright infringement.

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

A CC license terminates automatically when its conditions are violated. For example, if a reuser of CC-licensed material does not provide the attribution required when sharing the work, then the user no longer has the right to continue using the material and may be liable for copyright infringement. The license is terminated for the user who violated the license. However, all other users still have a valid license, so long as they are in compliance.

Under the 4.0 licenses, a licensee automatically gets these rights back if she fixes the violation within 30 days of discovering it.

If you apply a Creative Commons license and a user violates the license conditions, you may opt to contact the person directly to ask them to rectify the situation or consult a lawyer to act on your behalf. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

As long as users abide by license terms and conditions, licensors cannot control how the material is used. However, CC licenses do provide several mechanisms that allow licensors to choose not to be associated with their material or to uses of their material with which they disagree.

First, all CC licenses prohibit using the attribution requirement to suggest that the licensor endorses or supports a particular use. Second, licensors may waive the attribution requirement, choosing not to be identified as the licensor, if they wish. Third, if the licensor does not like how the material has been modified or used, CC licenses require that the licensee remove the attribution information upon request. (In 3.0 and earlier, this is only a requirement for adaptations and collections; in 4.0, this also applies to the unmodified work.) Finally, anyone modifying licensed material must indicate that the original has been modified. This ensures that changes made to the original material–whether or not the licensor approves of them–are not attributed back to the licensor.

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

The use of any effective technical protection measures (such as digital rights management or “DRM”) by licensees to prevent others from exercising the licensed rights is prohibited.

Not all kinds of encryption or access limitations are prohibited by the licenses. For example, sending content via email and encrypting it with the recipient’s public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a particular set of users (for example, by requiring a username and password to enter a site) does not restrict further use of the content by the recipients. In these examples, these things do not prevent the recipient from exercising all of the rights granted by the license, including the right to redistribute it further.

If someone is applying effective technological measures to your CC-licensed material that do restrict exercise of the licensed rights (such as applying DRM that restricts copying), this is a violation of the license terms unless you have chosen to grant this permission separately.

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

No. CC licenses grant permission to use the licensed material in any media or format regardless of the format in which it has been made available. This is true even if you have applied a NoDerivatives license to your work. Once a CC license is applied to a work in one format or medium, a licensee may use the same work in any other format or medium without violating the licensor’s copyright.

What if I change my mind about using a CC license?

CC licenses are not revocable. Once something has been published under a CC license, licensees may continue using it according to the license terms for the duration of applicable copyright and similar rights. As a licensor, you may stop distributing under the CC license at any time, but anyone who has access to a copy of the material may continue to redistribute it under the CC license terms. While you cannot revoke the license, CC licenses do provide a mechanism for licensors to ask that others using their material remove the attribution information. You should think carefully before choosing a Creative Commons license.

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

CC offers six core licenses, each of which grants a different set of permissions. Before you use CC-licensed material, you should review the terms of the particular license to be sure your anticipated use is permitted. If you wish to use the work in a manner that is not permitted by the license, you should contact the rights holder (often the creator) to get permission first, or look for an alternative work that is licensed in a way that permits your anticipated use. Note that if you use material in a way that is not permitted by the applicable license and your use is not otherwise permitted by an applicable copyright exception or limitation, the license is automatically terminated and you may be liable for copyright infringement, even if you are eligible to have your rights reinstated later.

Before using material offered under a Creative Commons license, you should know that CC licenses only grant permissions needed under copyright and similar rights, and there may be additional rights you need to use it as intended. You should also understand that licensors do not offer warranties or guarantees about the material they are licensing unless expressly indicated otherwise. All materials are licensed “AS IS” and a disclaimer of warranties applies unless expressly provided otherwise. If you want to ask for a warranty or guarantee about rights to use the material, you should talk with the licensor before using it.

Does a Creative Commons license give me all the rights I need to use the work?

It depends. CC licenses do not license rights other than copyright and similar rights (which include sui generis database rights in version 4.0). For example, they do not license trademark or patent rights, or the publicity, personality, and privacy rights of third parties. However, licensors agree to waive or not assert any moral rights, publicity rights, personality rights, or privacy rights they themselves hold, to the limited extent necessary to allow exercise of the licensed rights. Any rights outside of the scope of the license may require clearance (i.e., permission) in order to use the work as you would like.

Additionally, creative works sometimes incorporate works owned by others (known as “third party content”), often used pursuant to a CC license or under an exception or limitation to copyright such as fair use in the U.S. You should make sure you have permission to use any third party content contained in the work you want to use, or that your use is otherwise allowed under the laws of your jurisdiction, particularly in cases such as fair use where your right to use the content depends on the particular context in which you plan to use it.

All CC licenses contain a disclaimer of warranties, meaning that the licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work. You may wish to obtain legal advice before using CC-licensed material if you are not sure whether you have all the rights you need.

What if there are sui generis database rights that apply to my use of a CC-licensed database?

In the somewhat limited circumstances where sui generis database rights apply to your use, special conditions apply and there are more specific considerations you should be aware of. Under 4.0, sui generis database rights are licensed alongside copyright, but the treatment in earlier versions of the license varies. A fuller explanation of these variations and related considerations is available in the Data FAQ.

Where can I find material offered under a CC license?

If you are looking for material offered under a Creative Commons license, CC Search is a good starting point. There is also a directory of organizations and individuals who use CC licenses. Some media sites, such as Flickr, have search filters for material licensed using CC’s licenses.

Be sure to confirm that the material you want to use is actually under a CC license, as search results may sometimes be misleading.

Are Creative Commons works really free to use?

Yes. While many if not most CC-licensed works are available at no cost, some licensors charge for initial access to CC-licensed works—for example, by publishing CC-licensed content only to subscribers, or by charging for downloads. However, even if you have paid an access charge, once you have a copy of CC-licensed material, you may make any further uses permitted by the license without paying licensing fees.

(If you wish to make uses that are not permitted by the license—for example, making a commercial use of an NC-licensed photo—the licensor may charge for those additional rights.)

What should I know about differences between the international licenses and the ported licenses?

As a licensee, you should always read and understand the relevant license’s legal code before using CC-licensed material, particularly if you are using material that is licensed using a ported license with which you are unfamiliar. Our porting process involved adapting the international licenses to the legal framework of different jurisdictions, and in that process slight adjustments may have been made that you should make yourself aware of in advance of using the material. You can find more information about the ported licenses in the Jurisdiction Database.

There are currently no ported versions of 4.0, and we expect there will be few, if any, in the future. All official translations of the 4.0 international licenses are equivalent: you may substitute one for another depending on your preferred language.

However, the ported versions of 3.0 and earlier sometimes contain small differences from the international license depending on the ways in which they have been adapted to their jurisdictions. For example, a handful of the ported licenses contain provisions specifying which laws will apply in the event the licensor chooses to enforce the license, and a few of the ported licenses contain forum selection clauses.

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Contact the rights holders to ask for permission. Otherwise, unless an exception or limitation to copyright applies, your use of the material may violate the Creative Commons license. If you violate the terms of the license, your rights to use the material will be automatically terminated, and you may be liable for copyright infringement.

Do I always have to comply with the license terms? If not, what are the exceptions?

You need to comply with the license terms if what you are doing would otherwise require permission from the rights holder. If your use would not require permission from the rights holder because it falls under an exception or limitation, such as fair use, or because the material has come into the public domain, the license does not apply, and you do not need to comply with its terms and conditions. Additionally, if you are using an excerpt small enough to be uncopyrightable, the license does not apply to your use, and you do not need to comply with its terms.

However, if you are using excerpts of CC-licensed material which individually are minimal and do not require license compliance, but together make up a significant copyrightable chunk, you must comply with the license terms. For example, if you quote many individual lines from a poem across several sections of a blog post, and your use is not a fair use, you must comply with the license even though no individual line would have been a substantial enough portion of the work to require this.

Attribution

How do I properly attribute material offered under a Creative Commons license?

All CC licenses require users to attribute the creator of licensed material, unless the creator has waived that requirement, not supplied a name, or asked that her name be removed. Additionally, you must retain a copyright notice, a link to the license (or to the deed), a license notice, a notice about the disclaimer of warranties, and a URI if reasonable. For versions prior to 4.0, you must also provide the title of the work. (Though it is not a requirement in 4.0, it is still recommended if one is supplied.)

You must also indicate if you have modified the work—for example, if you have taken an excerpt, or cropped a photo. (For versions prior to 4.0, this is only required if you have created an adaptation by contributing your own creative material, but it is recommended even when not required.) It is not necessary to note trivial alterations, such as correcting a typo or changing a font size. Finally, you must retain an indication of previous modifications to the work.

CC licenses have a flexible attribution requirement, so there is not necessarily one correct way to provide attribution. The proper method for giving credit will depend on the medium and means you are using, and may be implemented in any reasonable manner. Additionally, you may satisfy the attribution requirement by providing a link to a place where the attribution information may be found.

While the attribution requirements in the license are the minimum requirement, we always recommend that you follow the best practices for the kind of use you are making. For example, if you are using scientific data marked with CC0, you are not required to give attribution at all, but we recommend that you give the same credit you would give to any other source—not because the license requires it, but because that is the standard for letting others know the source of the data.

The CC website offers some best practices to help you attribute properly, and the CC Australia team has developed a helpful guide to attributing CC-licensed material (.pdf) in different formats. Note that the attribution and marking requirements vary slightly among license versions. See here for a chart comparing the specific requirements.

Do I need to be aware of anything else when providing attribution?

Yes. You need to be careful not to imply any sponsorship, endorsement, or connection with the licensor or attribution party without their permission. Wrongfully implying that a creator, publisher, or anyone else endorses you or your use of a work may be unlawful. Creative Commons makes the obligation not to imply endorsement explicit in its licenses. In addition, if the licensor of a work requests that you remove the identifying credit, you must do so to the extent practical.

Additionally, when you are using a work that is an adaptation of one or more pre-existing works, you may need to give credit to the creator(s) of the pre-existing work(s), in addition to giving credit to the creator of the adaptation.

Do I always have to attribute the creator of the licensed material?

You must attribute the creator when you provide material to the public by any means that is restricted by copyright or similar rights. If you are using the material personally but are not making it or any adaptations of it available to others, you do not have to attribute the licensor. Similarly, if you are only distributing the material or adaptations of it within your company or organization, you do not have to comply with the attribution requirement. Learn more about when compliance with the license is not required.

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such.

Can I take a CC-licensed work and use it in a different format?

Yes. When any of the six CC licenses is applied to material, licensees are granted permission to use the material as the license allows, whatever the media or format chosen by the user when it is used or distributed further. This is true even in our NoDerivatives licenses. This is one of a very few default rules established in our licenses, to harmonize what may be different outcomes depending on where CC-licensed material is reused and what jurisdiction’s copyright law applies.

This means, for example, that even if a creator distributes a work in digital format, you have permission to print and share a hard copy of the same work.

How do I know if a low-resolution photo and a high-resolution photo are the same work?

As with most copyright questions, it will depend on applicable law. Generally, to be different works under copyright law, there must be expressive or original choices made that make one work a separate and distinct work from another. The determination depends on the standards for copyright in the relevant jurisdiction.

Under U.S. copyright law, for example, mechanical reproduction of a work into a different format is unlikely to create a separate, new work. Consequently, digitally enhancing or changing the format of a work absent some originality, such as expressive choices made in the enhancement or encoding, will not likely create a separate work for copyright purposes. The creative bar is low, but it is not non-existent. Accordingly, in some jurisdictions releasing a photograph under a CC license will give the public permission to reuse the photograph in a different resolution.

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

The NoDerivs licenses (BY-ND and BY-NC-ND) prohibit reusers from creating adaptations. What constitutes an adaptation, otherwise known as a derivative work, varies slightly based on the law of the relevant jurisdiction.

Incorporating an unaltered excerpt from an ND-licensed work into a larger work only creates an adaptation if the larger work can be said to be built upon and derived from the work from which the excerpt was taken. Generally, no derivative work is made of the original from which the excerpt was taken when the excerpt is used to illuminate an idea or provide an example in another larger work. Instead, only the reproduction right of the original copyright holder is being exercised by person reusing the excerpt. All CC licenses grant the right to reproduce a CC-licensed work for noncommercial purposes (at a minimum). For example, a person could make copies of one chapter of an ND-licensed book and not be in violation of the license so long as other conditions of the license are met.

There are exceptions to that general rule, however, when the excerpts are combined with other material in a way that creates some new version of the original from which the excerpt is taken. For example, if a portion of a song was used as part of a new song, that may rise to the level of creating an adaptation of the original song, even though only a portion of it was used and even if that portion was used as-is.

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

No. When you receive material under a Creative Commons license, you may not place additional terms and conditions on the reuse of the work. This includes using effective technological measures (ETMs) that would restrict a licensee’s ability to exercise the licensed rights.

A technological measure is considered an ETM if circumventing it carries penalties under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements. Generally, this means that the anti-circumvention laws of various jurisdictions would cover attempts to break it.

For example, if you remix a CC-licensed song, and you wish to share it on a music site that places digital copy-restriction on all uploaded files, you may not do this without express permission from the licensor. However, if you upload that same file to your own site or any other site that does not apply DRM to the file, and a listener chooses to stream it through an app that applies DRM, you have not violated the license.

Note that merely converting material into a different format that is difficult to access or is only available for certain platforms does not violate the restriction; you may do this without violating the license terms.

Can I share CC-licensed material on password-protected sites?

Yes. This is not considered to be a prohibited measure, so long as the protection is merely limiting who may access the content, and does not restrict the authorized recipients from exercising the licensed rights. For example, you may post material under any CC license on a site restricted to members of a certain school, or to paying customers, but you may not place effective technological measures (including DRM) on the files that prevents them from sharing the material elsewhere.

(Note that charging for access may not be permitted with NC-licensed material; however, it is not disallowed by the restriction on ETMs.)

Can I share CC-licensed material on file-sharing networks?

Yes. All CC licenses allow redistribution of the unmodified material by any means, including distribution via file-sharing networks. Note that file-trading is expressly considered to be noncommercial for purposes of compliance with the NC licenses. Barter of NC-licensed material for other items of value is not permitted.

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

If you have received material under a CC license that is encumbered with effective technological measures (such as digital rights management or DRM), you may or may not be permitted to break it, depending on the circumstances. By releasing material under a CC license, the licensor agrees not to assert any rights she may have to prevent the circumvention of effective technological measures. (Under the 3.0 and earlier licenses, this is implied but not explicit.) However, if she has uploaded it to a site or other distribution channel that itself applies such measures, that site may have the right to prevent you from breaking them, even though the licensor herself cannot do so.

Note that anti-circumvention laws can impose criminal liability in some jurisdictions.

What if I have received CC-licensed material with additional restrictions?

It is possible that CC-licensed material will appear on platforms that impose terms in addition to the copyright license (though Creative Commons strongly discourages restrictions that interfere with exercise of the licensed rights). These additional terms do not form part of the license for the work. For example, if you download CC-licensed material from a site that does not permit downloading, you may be breaking the terms of use of the site, but you are not infringing the CC license. See our guide to Modifying the CC licenses for more guidance and information.

Combining and adapting CC material

When is my use considered an adaptation?

Whether a modification of licensed material is considered an adaptation for the purpose of CC licenses depends primarily on the applicable copyright law. Copyright law reserves to an original creator the right to create adaptations of the original work. CC licenses that allow for adaptations to be shared—all except BY-ND and BY-NC-ND—grant permission to others to create and redistribute adaptations when doing so would otherwise constitute a violation of applicable copyright law. Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable, such as a translation of a novel from one language to another, or the creation of a screenplay based on a novel.

Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation, whether or not it would be considered so under applicable law. Also, under version 4.0, certain uses of databases restricted by sui generis database rights also constitute adaptations (called “Adapted Material” in the 4.0 licenses), whether or not they would be considered adaptations under copyright law. For more details about adaptations in the database context, see the Data FAQ.

Note that all CC licenses allow the user to exercise the rights permitted under the license in any format or medium. Those changes are not considered adaptations even if applicable law would suggest otherwise. For example, you may redistribute a book that uses the CC BY-NC-ND license in print form when it was originally distributed online, even if you have had to make formatting changes to do so, as long as you do so in compliance with the other terms of the license.

Note on terminology: throughout these FAQs, we use the term “remix” interchangeably with “adapt.” Both are designed to mean doing something that constitutes an adaptation under copyright law.

Can I combine material under different Creative Commons licenses in my work?

It depends. The first question to ask is whether doing so constitutes an adaptation. If the combination does not create an adaptation, then you may combine any CC-licensed content so long as you provide attribution and comply with the NonCommercial restriction if it applies. If you want to combine material in a way that results in the creation of an adaptation (i.e. a “remix”), then you must pay attention to the particular license that applies to the content you want to combine.

The NoDerivatives licenses do not permit remixing except for private use (the pre-4.0 licenses do not permit remixing at all, except as allowed by exceptions and limitations to copyright). All the other CC licenses allow remixes, but may impose limitations or conditions on how the remix may be used. For example, if you create a remix with material licensed under a ShareAlike license, you need to make sure that all of the material contributed to the remix is licensed under the same license or one that CC has named as compatible, and you must properly credit all of the sources with the required attribution and license information. Similarly, if you want to use a remix for commercial purposes, you cannot incorporate material released under one of the NonCommercial licenses.

The chart below shows which CC-licensed material can be remixed. To use the chart, find a license on the left column and on the top right row. If there is a check mark in the box where that row and column intersect, then the works can be remixed. If there is an “X” in the box, then the works may not be remixed unless an exception or limitation applies. See below for details on how remixes may be licensed.

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If you make adaptations of material under a CC license (i.e. “remix”), the original CC license always applies to the material you are adapting even once adapted. The license you may choose for your own contribution (called your “adapter’s license”) depends on which license applies to the original material. Recipients of the adaptation must comply with both the CC license on the original and your adapter’s license.

  • BY and BY-NC material

When remixing BY or BY-NC material, it is generally recommended that your adapter’s license include at least the same license elements as the license applied to the original material. This eases reuse for downstream users because they are able to satisfy both licenses by complying with the adapter’s license. For example, if you adapt material licensed under BY-NC, your adapter’s license should also contain the NC restriction. See the chart below for more details.

  • BY-SA and BY-NC-SA material

In general, when remixing ShareAlike content, your adapter’s license must be the same license as the license on the material you are adapting. All licenses after version 1.0 also allow you to license your contributions under a later version of the same license, and some also allow ported licenses. (See the license versions page for details.) If you wish to adapt material under BY-SA or BY-NC-SA and release your contributions under a non-CC license, you should visit the Compatibility page to see which options are allowed.

  • BY-ND and BY-NC-ND material

The BY-ND and BY-NC-ND licenses do not permit distribution of adaptations (also known as remixes or derivative works), and prohibits the creation of adaptations under the pre-4.0 versions of those licenses. Since you may not share remixes of these materials at all, there is no compatibility with other licenses. (Note that the ND licenses do allow you to reproduce the material in unmodified form together with other material in a collection, as indicated in the next FAQ.)

  • Adapter’s license chart

The chart below details the CC license(s) you may use as your adapter’s license. When creating an adaptation of material under the license identified in the lefthand column, you may license your contributions to the adaptation under one of the licenses indicated on the top row if the corresponding box is green. CC does not recommend using a license if the corresponding box is yellow, although doing so is technically permitted by the terms of the license. If you do, you should take additional care to mark the adaptation as involving multiple copyrights under different terms so that downstream users are aware of their obligations to comply with the licenses from all rights holders. Dark gray boxes indicate those licenses that you may not use as your adapter’s license.

Adapter’s license chart Adapter’s license
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work PD              
BY              
BY-NC              
BY-NC-ND              
BY-NC-SA              
BY-ND              
BY-SA              
Abbreviation Key

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

All Creative Commons licenses (including the version 4.0 licenses) allow licensed material to be included in collections such as anthologies, encyclopedias, and broadcasts. You may choose a license for the collection, however this does not change the license applicable to the original material.

When you include CC-licensed content in a collection, you still must adhere to the license conditions governing your use of the material incorporated. For example, material under any of the Creative Commons NonCommercial licenses cannot be used commercially. The table below indicates what type of CC-licensed works you may incorporate into collections licensed for commercial and noncommercial uses.

Original Work Commercial Collection (BY, BY-SA, BY-ND) NonCommercial Collection (BY-NC, BY-NC-SA, BY-NC-ND)
PD    
BY    
BY-NC    
BY-NC-ND    
BY-NC-SA    
BY-ND    
BY-SA    

License termination

When do Creative Commons licenses expire?

Creative Commons licenses expire when the underlying copyright and similar rights expire.

Note that the relevant rights may expire at different times. For example, you may have a CC-licensed song where the rights in the musical arrangement expire before the rights in the lyrics. In this case, when the copyright in the music expires, you may use it without being required to comply with the conditions of the CC license; however, you must still comply with the license if you use the lyrics.

What happens if the author decides to revoke the CC license to material I am using?

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms. Of course, you may choose to respect the licensor’s wishes and stop using the work.

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

All of the CC licenses terminate if you fail to follow the license conditions. If this happens, you no longer have a license to use the material.

In the 4.0 licenses, your rights under the license are automatically reinstated if you correct this failure within 30 days of discovering the violation (either on your own or because the licensor or someone else has told you). Under the 3.0 and earlier licenses, there is no automatic reinstatement.

If you have lost your rights under a CC license and are not entitled to automatic reinstatement, you may regain your rights under the license if the licensor expressly grants you permission. You cannot simply re-download the material to get a new license.

Note that you may still be liable for damages for copyright infringement for the period where you were not in compliance with the license.

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

The Creative Commons licenses have three layers, as does the CC0 public domain dedication: the human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The Public Domain Mark is not legally operative, and so has only two layers: the human-readable mark and machine-readable metadata.

When material is licensed using any of the CC licenses or tools, it is highly recommended that a CC button, text, or other marker somehow accompany it. There are many possible modes for marking. For our licenses, people generally use the CC license chooser to generate HTML code that can be pasted into the webpage where the licensed material is published. CC0 and the Public Domain Mark have a separate chooser. Many platforms and web services such as Flickr and Drupal support CC licensing directly, allowing you to select an appropriate license. The service then properly marks the work for you.

CC has published some best practices for marking your CC-licensed material, and recommends:

  • Including a visual indicator (some combination of text and images) that the work is licensed with one of the CC licenses.
  • Clearly indicating what material is covered under the CC license, especially if it’s presented alongside non-licensed materials.
  • Including a link to the human-readable deed (which itself contains a link to the legal code).
  • Embedding machine-readable metadata in the code of the license indicator or code of the licensed page.

See the marking page for more details.

What does it mean that Creative Commons licenses are “machine-readable”?

Creative Commons has specified CC REL as a way to associate machine-readable licensing metadata with objects offered under CC licenses.

Before Creative Commons developed this vocabulary, it was difficult for a machine to ascertain whether an object was marked with a CC license. There was also no standard, predictable place to house metadata about that license (for example, the source URL of the work or the required mode of attribution).

Machine-readable metadata based on well-accepted metadata standards creates a platform upon which new services and applications can be built. Software and services can detect CC licenses and the details of that license, as described by the metadata. For example, on many websites and search engines such as Google and Flickr, you can run filtered searches for works offered under specific CC licenses. In addition, CC license deeds can automatically create copy-and-paste attribution code so users may easily comply with the BY condition of the licenses. When you click on a CC license or button from a page with license metadata, you get copy-and-paste attribution HTML within that license deed page. That HTML is based on available RDFa metadata in the original material.

All HTML provided by the CC license chooser is automatically annotated with metadata in RDFa format.

What is RDFa?

RDFa is a method for embedding structured data in a web page. For more information about RDFa, see the following resources:

What is CC REL and why does Creative Commons recommend it?

Creative Commons Rights Expression Language (CC REL) renders information about licenses and works machine-readable through standards that define the semantic web. Creative Commons wants to make it easy for creators and scientists to build upon the works of others when they choose; licensing your work for reuse and finding properly licensed works to reuse should be easy. CC recommends that you mark your licensed works with CC REL. The Creative Commons license chooser provides HTML annotated with CC REL, while the Creative Commons deeds recognize CC REL on web pages with works offered under a CC license, and use this metadata to enhance the deed for properly marked-up works, e.g., by providing copy and paste HTML that includes work attribution.

For more background information on CC REL, please refer to this paper.

What does it mean for a search engine to be CC-enabled?

Some search engines (like Google) allow people to filter their search results by usage rights so that you can limit your search results according to the particular CC license you seek. For example, if you are looking for a photo to adapt, you can filter your search to return photos that have a CC license that permits creation of adaptations. You can generally find this search feature on the advanced search page of your selected search engine. You can also use CC Search, which offers a convenient interface to search and a list of those content providers that support searches for content based on usage rights.

Please note, however, that you should always double check to make sure that the work you locate through a search is licensed as you wish.

How do I give users of my site the option to use CC licensing like Flickr does?

Creative Commons provides tools for integrating license selection with your site. You can find an overview at the Web Integration article on the CC wiki. The Partner Interface is a good way to get started and will always have the most up-to-date license versions and translations. However, there is also an API available if you want more control.

How can I change or remove the Creative Commons search option built into the Firefox browser?

Mozilla has included the Creative Commons search function in many versions of Firefox along with search options for Google, Amazon, and other popular sites. Please take a look at the Firefox article on the CC wiki for an explanation of how to change these features.

If you want to add or remove a particular search option, click on the logo in the search box (for example, the CC logo or the Google logo). This will open the pull down menu, which will allow you to select different search providers. If you choose “Manage Search Engines,” you will be able to add or remove search engines. You can also alter the order in which the search providers appear on the pull down menu.

Is Creative Commons involved in digital rights management (DRM)?

No. CC licenses are a form of rights expression, not rights management. CC provides tools to make it easier for creators and owners to say which rights they reserve and permissions they grant. This is different from digital rights management (or “DRM”), which uses technological protection measures to prevent people from using the work in a way that the owner has not permitted.

CC licenses contain language prohibiting licensees from the use of effective technological measures (including DRM) to prevent access to licensed material: ”You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any such recipient.”

While licensors may apply effective technological measures (ETMs) to their own materials, the licensor provides a limited permission to circumvent these measures: “The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures.” Note that this only applies to effective technological measures applied by licensors themselves: third parties such as distribution platforms may still apply ETMs if the licensor uploads there, and the license is not able to grant you permission to circumvent it.

Copyright law grants exclusive rights to creators of original works of authorship. National laws usually extend protections to such works automatically once fixed in a tangible medium, prohibiting the making of copies without the rights holder’s permission, among other things. On the internet, even the most basic activities involve making copies of copyrighted content. As content is increasingly uploaded, downloaded, and shared online, copyright law is becoming more relevant to more people than it was 20 years ago. Unfortunately, infringing copyrights—even unintentionally or unknowingly—can lead to liability. Successful navigation of the internet requires some understanding of copyright law.

What is the public domain?

The public domain of copyright refers to the aggregate of those works that are not restricted by copyright within a given jurisdiction. A work may be part of the public domain because the applicable term of copyright has expired, because the rights holder surrendered copyright in the work with a tool like CC0, or because the work did not meet the applicable standards for copyrightability.

Because the public domain depends on the copyright laws in force within a particular territory, sometimes a work may be considered “in the public domain” of one jurisdiction, but not in another. For example, U.S. government works are automatically in the public domain under U.S. copyright law, but might be restricted by copyright in other countries.

The Public Domain Manifesto, the University Libraries page, and the CC0 FAQs all contain additional information about the public domain.

Copyright in most jurisdictions attaches automatically without need for any formality once a creative work is fixed in tangible form (i.e. the minute you put pen to paper, take a photo, or hit the “save” button on your computer).

In some jurisdictions, creators may be required to register with a national agency in order to enforce copyright in court. If you would like more information, please consult the Berne Convention or your jurisdiction’s copyright law.

Although you do not have to apply a copyright notice for your work to be protected, it may be a useful tool to clearly signal to people that the work is yours. It also tells the public who to contact about the work.

What is an adaptation?

An adaptation is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.

In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter’s personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil’s copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction’s copyright law for more information.

What are moral rights?

Copyright laws in many jurisdictions around the world grant creators “moral rights” in addition to the economic or commercial right to exploit their creative works. Moral rights protect the personal and reputational value of a work for its creator. Moral rights differ by country, and can include the right of attribution, the right to have a work published anonymously or pseudonymously, and/or the right to the integrity of the work. The moral right of integrity may provide creators with a source for redress if an adaptation represents derogatory treatment of their work, typically defined as “distortion or mutilation” of the work or treatment that is “prejudicial to the honor, or reputation of the author.” Not all jurisdictions provide for moral rights.

The CC licenses are intended to minimize the effect of moral rights on a licensee’s ability to use licensed material; however, in some jurisdictions, these rights may still have an effect. CC offers some additional information on how CC licenses may affect your moral rights.

What are neighboring rights?

Copyright provides an incentive to create works by providing exclusive rights to creators. However, the distribution or exploitation of a work often involves more than just the creator. For example, if someone writes a song, someone else may perform the song, and another may produce the recording of the song. Some jurisdictions extend copyright to the contributions made by these persons; other jurisdictions extend such exclusive rights in the form of neighboring rights. Neighboring rights may include performers’ rights or broadcasters’ rights, among others. The Rome Convention sets forth some guidelines on the scope of neighboring rights. Not all jurisdictions recognize neighboring rights.

What are sui generis database rights?

Sui generis database rights grant qualifying database makers the right to prohibit the extraction and reuse of a substantial portion of a database. The rights are granted to database makers that make a substantial investment of time and resources to create the database. Sui generis database rights are primarily enacted within the European Union and a handful of other jurisdictions.

What are collecting societies?

Collecting societies are copyright management organizations. Some examples of collecting societies include ASCAP and BMI (United States), BUMA/STEMRA (Netherlands), PRS (United Kingdom), and APRA (Australia). These societies license works on behalf of their owners and process royalty payments from parties using the copyrighted works.

CC offers additional information on how collecting societies might affect your rights and your ability to apply CC licenses to your work. CC has several pilots underway with collecting societies that have chosen to allow their members to use CC licenses on a limited basis.

What are publicity, personality, and privacy rights?

These terms are used differently in different jurisdictions. Generally speaking, these rights allow individuals to control the use of their voice, image, likeness, or other identifiable aspect of their identity, especially for purposes of commercial exploitation. Similarly, in some jurisdictions these rights allow people to restrict others’ ability to publish information about them without their permission. Whether and to what extent these rights exist, and if so, how they are labeled, varies depending on the jurisdiction.

Creative Commons licenses have a limited effect on these rights where the licensor holds them. Where the licensor has publicity, personality, or privacy rights that may affect your ability to use the material as the license intends, the licensor agrees to waive or not assert those rights. However, any such rights not held by the licensor are not affected and may still affect your desired use of a licensed work. If you have created a work or wish to use a work that might in some way implicate these rights, you may need to obtain permission from the individuals whose rights may be affected.

Data

This page supersedes Databases and Creative Commons.

Much of the potential value of data is to society at large — more data has the potential to facilitate enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency, and overall to speed discovery and understanding of solutions to planetary and societal needs.

A big part of the potential value of data, in particular its society-wide value, is realized by use across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard, public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. CC licenses or the CC0 public domain dedication.

Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:

: Uses of CC Licenses with Data and Databases : Uses of CC0 with Data and Databases

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

Yes, CC licenses can be used to license databases. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker’s investment, not originality.

CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use.

In addition to our licenses, the CC0 Public Domain Dedication may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.

When a CC license is applied to a database, what is being licensed?

The license terms and conditions apply to the database structure (its selection and arrangement, to the extent copyrightable), its contents (if copyrightable), and in those instances where the database maker has sui generis database rights then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See below for more information regarding how to provide clear notice of what is licensed.

Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our pre-licensing guidelines.

Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [marking page]https://wiki.creativecommons.org/wiki/Marking_your_work_with_a_CC_license “wikilink”) for more information on how to clearly distinguish unlicensed content.

How do the different CC license elements operate for a CC-licensed database?

Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents that is restricted by copyright law or sui generis database rights requires compliance with the NC term, even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when your use implicates copyright and/or sui generis database rights.

Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about how this works in the current and prior versions of the licenses.

Can I conduct text/data mining on a CC-licensed database?

Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights.

If and only if your particular use is one that would require permission, you should note the following:

  • Permission: All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases.
  • Commercial purposes: If you are conducting text and data mining for commercial purposes, you should not mine NC-licensed databases or other material.
  • Outputs: If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results.

If your use is not one that requires permission under the license, you may conduct text and data mining activity without regard to the above considerations.

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

As explained above, the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights.

In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights–but not copyright–are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.

While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.

By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).

More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found on our wiki (.pdf).

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

The Open Database License (ODbL) and the Open Data Commons Attribution License (ODC-BY) are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See above for more detail about how past versions of CC licenses vary with respect to sui generis database rights.)

Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they never impose obligations where permission is not otherwise required to use the licensed material.

Frequently asked questions about data, generally

With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

The database model refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.1 These determinations are very fact-specific (no pun intended) and vary by jurisdiction.

The data entry and output sheets contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.

Field names describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.

The data or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.

When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This important limitation of all CC licenses is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to noncommercial purposes only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a compatible license to any adaptation of the database you share publicly.

Which components of a database are protected by sui generis database rights?

In contrast to copyright, sui generis database rights are designed to protect a maker’s substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a substantial portion of the contents.

How do I know whether a particular use of a database is restricted by sui generis database rights?

When a database is subject to sui generis database rights, extracting and reusing a substantial portion of the database contents is prohibited absent some express exception.

It is important to remember that sui generis database rights exist in only a few countries outside the European Union, such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.

Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.

What constitutes a “substantial portion” of a database?

There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a substantial portion of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for commercial purposes. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a compatible license to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does not require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

Artificial intelligence and CC licenses

What are the limits on how CC-licensed works can be used in the development of new technologies, such as training of artificial intelligence software?

The licenses grant permission for reuse in any situation that requires permission under copyright. There are many ways in which CC-licensed work works and even all rights reserved works can be reused without permission. This includes uses that are fair uses, for example.

If someone uses a CC-licensed work with any new or developing technology, and if copyright permission is required, then the CC license allows that use without the need to seek permission from the copyright owner so long as the license conditions are respected. This is one of the enduring qualities of our licenses — they have been carefully designed to work with all new technologies where copyright comes into play. No special or explicit permission regarding new technologies from a copyright perspective is required.

But what about privacy laws, rules governing ethical research, and data protection laws?

CC’s copyright licenses are not universal policy tools. Copyright is the primary obstacle to reuse that our licenses solve, but there are many other issues related to the reuse of content that our licenses do not address and that reusers should be aware of. These can include privacy and rules governing ethical research and the collection or use of data, which have to be addressed and respected separate and apart from the copyright issues that CC licenses cover.

What attribution obligations exist when CC-licensed images are included in a published dataset? Is linking to the original image or URI required, and if so, is it adequate?

It depends. First, keep in mind that CC licenses never limit uses that copyright doesn’t control. For example, as a general matter text and data mining in the United States is considered a fair use and does not require permission under copyright. This means that reusers engaged in text and data mining do not have to adhere to the marking and attribution requirements in our licenses for that activity even though we strongly recommend they do so anyway. A second example is linking. In some countries, linking to copyrighted content doesn’t require permission under copyright law, which means the CC license obligations do not come into play even though the linked content is CC-licensed.

Where a CC-licensed work is distributed as part of a database or dataset, and assuming copyright (or in the European Union, copyright or sui generis database rights) is triggered, then the license conditions must be respected. This means providing the required attribution information in a way that is reasonable under the circumstances. Our licenses allow for some flexibility, and in some cases that may be as simple as providing a link to the website where the relevant attribution information is provided. Visit our marking practices page for more information.

If a for-profit company uses CC-licensed content under a Non Commercial license and releases the work under terms that allow only research purposes, is the NC restriction violated?

This depends on whether any of the uses made of the works by the company, whether for profit or non profit, are primarily intended for commercial advantage or monetary compensation. This is hard to know without having all of the facts about how a work was used, whether internally by the company for its own purposes or how the work was distributed for further use. Visit our NC page for more information about what constitutes commercial and non commercial uses of works.

If NC-licensed content is redistributed to the public under an NC license, that distribution would not violate the NC clause. (Note that CC strongly discourages the use of any license terms other than a CC NC license for redistributions of NC-licensed content.)

If CC SA-licensed content is included in a database, does the entire database have to be licensed under an SA license?

CC licenses never require a reuser of a CC-licensed work to make the original work or resulting works (collections, derivatives, etc.) publicly available. There are lots of private reuses of works that are permitted by CC’s licenses that do not require compliance with their terms. Regarding ShareAlike, the condition only applies if a work is modified and if the work is shared publicly. In the situation where a reuser created a dataset of photos and made it publicly available, and assuming copyright permission is required, then what is released is likely a collection or compilation of pre-existing works. CC licenses do not require the collection or the compilation itself to be made available under an SA license, even though each individual work is still licensed individually under an SA license and if they were modified by the distributor the modified photo would need to be licensed under the same terms. For example, were Creative Commons to compile photographs from a photo sharing website under a BY-SA 2.0 license and create a database that it then publicly distributed, CC could license the collection as a whole under a BY license, but the photographs would continue to be licensed under BY-SA 2.0.

What, if any, remedies, do users have if they dislike how their photos or images have been reused?

Several remedies are potentially available. Some may be available if the CC license terms have been violated, and others may be available through other, separate avenues because they involve other laws or regulations that the CC licenses do not cover. It’s important to remember, however, that absent a violation of the license the permissions granted under the license remain in place and cannot be revoked.

  • Under the CC licenses, even if a license condition has not been violated licensors can ask that attribution to them be removed so they can distance themselves from the reuse.
  • For violations of a CC license term where the license was required (not a fair use, etc.) then you may have a claim for copyright infringement. Fortunately, in the CC community most license violations are handled amicably without resorting to the courts.
  • For claims involving laws and regulations other than copyright, recourse may be available depending on your local laws.

An important starting point for any would-be sharer of content under a CC license is to educate yourself in advance about how they work and what rights they do and do not cover. We have many FAQs on our website. We also provide human-readable deeds with links to the full text of our licenses. Additionally, all of our licenses highlight at the beginning many considerations that licensors should have in mind before they license, and considerations for reusers of works before they do so in order to avoid inadvertent violations.

Notes

  1. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).↩

#####EOF##### Privacy Policy (pre 2010-08-10) - Creative Commons
Creative Commons > Privacy Policy > Privacy Policy (pre 2010-08-10)

Privacy Policy (pre 2010-08-10)


This Master Privacy Policy (“Privacy Policy”) explains the collection, use, and disclosure of “personal information” by Creative Commons Corporation (“CC” or “Creative Commons”), a Massachusetts Corporation, with its principal place of business at 171 Second St, Suite 300, San Francisco, CA 94150, USA, through the websites that Creative Commons operates at http://creativecommons.net (the “ccNet Website”), http://creativecommons.org, and http://sciencecommons.org, (collectively, together with all sub-domains thereof including, without limitation, http://learn.creativecommons.org, http://opened.creativecommons.org (“OpenEd Website”), and http://discovered.creativecommons.org/search, the “Websites”). Creative Commons does not operate the website at http://ccmixter.org. Furthermore, this Privacy Policy does not apply to any of the websites operated by affiliates of Creative Commons.

In addition, additional or supplemental Privacy Policy terms (“Supplemental Privacy Policy Terms”) may apply to a particular Website or service provided thereon, such as the Scholar’s Copyright Addendum Engine (http://sciencecommons.org/resources/supplemental-privacy-policy/). All such Supplemental Privacy Policy Terms will be accessible for you to read either within, or through your use of, that Website or service.

This Privacy Policy also explains our commitment to you with respect to our use and disclosure of non personal browsing and site usage data that Creative Commons collects as the provider of the Websites and an OpenID service provider. That commitment is contained in a “Data Usage Policy,” below.

As used in this policy, “personal information” means information that would allow a party to identify you such as, for example, your name, address or location, telephone number or email address.

By accessing the Websites or using Creative Commons as your OpenID service provider, you are accepting and agreeing to the practices described in this Privacy Policy.

Our Principles

Creative Commons is committed to handling responsibly the information and data we collect about you through our Websites, whether personal information or non personal browsing and site usage data. We have designed our Privacy Policy and our Data Usage Policy consistent with the following principles (the “Principles”):

  1. Privacy policies and data collection and use policies should be human readable, comprehensive, and easy to locate;
  2. Only the minimum amount of information reasonably necessary to provide you with services should be collected and maintained, and only for so long as reasonably needed or required;
  3. Information you provide through our Websites, or that we gather as a result of your use of our Websites or OpenID services, should not be used for marketing or advertising purposes, nor should it be provided voluntarily (without your permission) to anyone else unless required; and
  4. Unless restricted or prohibited by law, and provided your email address has been collected and retained, you should be notified when circumstances require Creative Commons to provide a third party with your personal information.

Personal Information CC Collects

We may collect personal information at several places on the Websites, including without limitation:

  • in connection with your selection of one of our licenses or legal tools including, without limitation, CCO, or the Public Domain Certification, or your application for Founder’s Copyright;
  • when you provide us with your personal information such as by sending an email to us or signing up to receive a newsletter or our events listing;
  • when you subscribe to one of our email discussion lists or register to establish a user account on any of our Websites (such as the OpenEd Site (located at http://opened.creativecommons.org) or the Creative Commons Wiki (located at http://wiki.creativecommons.org);
  • when you donate money to us or purchase merchandise;
  • when you join the Creative Commons network through our ccNet Website, and when you thereafter create/edit your profile page, identify your content, share your story, and/or establish a Creative Commons OpenID; and
  • when you provide personal information in connection with your participation in any of the forums we make available to that community.

What CC does with Personal Information

License/Tool Selection. We use the personal information you provide to us as part of your selection of one of our licenses/tools to provide you the RDF, html, and the Uniform Resource Locator that correspond to the license/tool you selected. Your email address is expunged after this email has been successfully sent. If you apply for a Founder’s Copyright, we use and retain your personal information to provide you with the relevant agreement, to process your application and manage your Founder’s Copyright. We may use all of this information to maintain license usage data.

Emails and Newsletters. We use the personal information you provide to us when you send us emails or sign up to receive our newsletter or events listing in order to respond to your request — for example, to reply to your email or to send you communications about news and events related to Creative Commons.

When you subscribe to our newsletter, events list or one of our email discussion lists, your name and email address is sent to and stored by ibiblio.org (http://www.ibiblio.org/), a collaboration between the Center for the Public Domain (http://www.centerforthepublicdomain.org/) and the University of North Carolina – Chapel Hill (http://www.unc.edu/). Personal information submitted as part of our email discussion lists is used for the purpose of managing the discussion lists. Your name and email address will typically be visible to other list participants when you correspond on the list and to the general public in the discussion archives. All emails sent to the discussions list are publicly archived.

Donations. When you donate money to us or purchase merchandise via our support page, your personal information will be handled in one of two ways, depending on which option you choose.

  1. If you purchase a t-shirt or other merchandise from Creative Commons, we will use your personal information for the purpose of sending you the items you purchased.
  2. You may donate money to Creative Commons directly or through a variety of on-line payment sites, including PayPal, the Amazon Honor System, Just-Give.org, Good Search, Network for Good, and Mission Fish, among others. When you use any of those websites and services to donate to CC, your personal information is sent to, handled by and stored by those websites in accordance with their respective privacy policies and terms of use. You should read and understand the privacy policy and terms of use of any website you use to donate to Creative Commons. When you donate money to Creative Commons directly, we use your personal information to process your donation.

Regardless of the method by which you donate to Creative Commons or purchase a t-shirt or other merchandise, we additionally use the personal information you provide for the purpose of contacting you about upcoming news and events relevant to Creative Commons. When we contact you for the first time after your donation, we will use reasonable means to give you the option to choose not to be contacted in this manner again. When you donate money as part of one of CC’s fundraising campaigns, your name will be published on our “supporters page” unless you request otherwise.

ccNet Website. When you join our network you provide personal information to create your account and establish a password and profile, and to create an OpenID. We use that personal information to establish and maintain your accounts, provide you with the features we provide for account holders, to act as your OpenID service provider, and for the purpose of contacting you about upcoming news and events relevant to Creative Commons.

By joining the Creative Commons network, you are also given a public profile page where you can voluntarily post personal information for public viewing. The information that you submit on your public profile page, including but not limited to information you provide in the field “Your CC Story” and any photograph or image of yourself you upload, is posted by you at your discretion (although subject to ccNet’s Master Terms of Use). The information you publish on your public profile page, including your personal information, may be used by anyone who views that information for any lawful purpose, with the exception of the text you insert in the “Your CC Story” field and any photograph or image of yourself that you upload, which if you choose to provide in either case must be licensed under and becomes subject to the terms and conditions of the Creative Commons Attribution 3.0 Unported license, as stated on the Edit Profile page. CC may use the personal and non personal browsing information you provide in your public profile, including the text in the “Your CC Story” field (subject to the terms of that license), to promote the mission of Creative Commons and the ccNet Website.

Participating in Our Community: Registered Users. When you register to obtain a user account on any of the Websites (any such person, a “Registered User”), including but not limited to the OpenEd Site (located at http://opened.creativecommons.org) and the Creative Commons Wiki (located at http://wiki.creativecommons.org) you may be asked to provide personal information to create your account and establish a password and profile. Providing your email address and/or real name is optional. If you do provide your email address, it will allow us to send you your password if you should forget it. If you voluntarily provide your real name in connection with any content you submit to any Website, your name may be associated with the content you contributed (such as when you edit a Wiki page). We will also use that personal information to establish and maintain your membership and provide you with the features we provide for Registered Users, and for the purpose of contacting you about upcoming news and events relevant to Creative Commons.

Registered Users on the OpenEd Website are automatically provided with a public page where you may post personal information for public viewing. You are not required to post any information or personal information on this page, but may be posted in your own sole discretion (although any information posted remains subject to CC’s Master Terms of Use). Please note that the information you publish on your public page, including your personal information, may be used by anyone who views that information for any lawful purpose and, where relevant, subject to license terms set forth in CC’s Master Terms of Use. CC may use the personal and non personal browsing information you provide on your public page to promote the mission of Creative Commons and the OpenEd Website. If provided, your name may be associated with content you contribute to the OpenEd Website.

Any other personal information that we may collect which is not described specifically in this Privacy Policy will only be collected and used in accordance with the Principles.

Disclosures of Personal Information

In general, it is not Creative Commons’ practice to disclose personal information to third parties. We may share personal information in two instances:

First, Creative Commons may share personal information with our contractors and service providers in order to maintain, enhance, or add to the functionality of the Websites or the OpenID service.

Second, we may disclose your personal information to third parties in a good faith belief that such disclosure is reasonably necessary to (a) take action regarding suspected illegal activities; (b) enforce or apply our Master Terms of Use and Privacy Policy; (c) comply with legal process, such as a search warrant, subpoena, statute, or court order; or (d) protect our rights, reputation, and property, or that of our users, affiliates, or the public.

If Creative Commons is required to provide a third party with your personal information (whether by subpoena or otherwise), then provided we have collected and retained an email address for you, Creative Commons will use reasonable means to notify you promptly of that event, unless prohibited by law or CC is otherwise advised not to notify you on the advice of legal counsel.

Security of Personal Information Collected via the Websites; OpenID

Creative Commons has implemented reasonable measures to protect against unauthorized access to and unlawful interception or processing of personal information that Creative Commons stores and controls. However, no website can fully eliminate security risks. Third parties may circumvent our security measures to unlawfully intercept or access transmissions or private communications. We will post a reasonably prominent notice to the Websites if any such security breach occurs.

OpenID, including Creative Commons OpenID services, has security risks in addition to those described above. Among other things, OpenID is vulnerable to DNS attacks, and using OpenID may increase the risk of phishing. See About OpenID for more information about the types and levels of risks associated with OpenID.

Data Usage Policy: Non Personal Browsing and Site Usage Information

Our Data Usage Policy covers how we maintain and use information about you that is collected by our Websites and server logs, including when you log into a website using your Creative Commons OpenID.

Non Personal Browsing Information We Collect. When you use the Websites, our servers (which may be hosted by a third party service provider) may collect information indirectly and automatically (through, for example, the use of your “IP address”) about your activities while visiting the Websites and information about the browser you are using. In addition, whenever you use your Creative Commons OpenID to log into a website, our servers (which, again, may be hosted by a third party service provider) keep a log of the websites you visit and when you visit them.

No Linking. We do not intentionally link browsing information or information from our OpenID server logs to the personal information you submit to us. We use this information for internal purposes only, such as to help understand how the Websites are being used, to improve our Websites and the features we provide, and for systems administration purposes. CC may use a third party analytics provider to help us collect and analyze non personal browsing information through operation of our Websites for those same purposes; however, we will never use a third party analytics provider to collect or analyze any information through our operations as an OpenID service provider.

No Selling or Sharing. Except in the unique situations identified in this Privacy Policy, Creative Commons does not sell or otherwise voluntarily provide the non personal browsing information we collect about you or your website usage to third parties.

No Access. As an OpenID service provider, CC could technically access your web-based account tied to our OpenID service, and could log in on behalf of any of its OpenID users to any of the accounts they have accessed using their Creative Commons OpenID. Creative Commons will never use this technical login ability for any purpose unless otherwise required by law.

No Retention. CC discards non personal browsing information from our OpenID server logs once we have used the information for the limited purposes noted above, under “No Linking.”

Notice. If Creative Commons is required to provide a third party with your non personal browsing information or to log in on behalf of an OpenID user (whether by subpoena or otherwise), then CC will use reasonable means to notify you promptly of that event, unless CC is prohibited by law from doing so or is otherwise advised not to notify you on the advice of legal counsel.

Any other non-personal information that we collect which is not described specifically in this Privacy Policy will only be collected and used in accordance with the Principles.

Reorganization or Spin-Offs

Creative Commons may transfer some or all of your personal and/or non personal browsing information to a third party as a result of a reorganization, spin-off or similar transaction. Upon such transfer, the acquirer’s privacy policy will apply. In such event, Creative Commons will use reasonable efforts to notify you and to ensure that at the time of the transaction the acquirer’s privacy policy complies with the Principles.

Children

The Websites are not directed at children under the age of 13. Consistent with the federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personal information from anyone under the age of 13 without requiring parental consent. Our Master Terms of Use specifically prohibit anyone using our Websites from submitting any personally identifiable information about persons under 13 years of age. Any person who provides their personal information to CC through the Websites represents that they are 13 years of age or older.

Third-Party Sites

The Websites may include links to other websites. You should consult the respective privacy policies of these third-party sites. This Privacy Policy does not apply to, and we cannot control the activities of, such other websites.

Special Note to International Users

The Websites are hosted in the United States. If you are accessing the Websites from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use and disclosure that differ from United States laws, please note that you are transferring your personal data to the United States which does not have the same data protection laws as the EU and other regions. By providing your personal data you consent to:

  • the use of your personal data for the uses identified above in accordance with the Privacy Policy; and
  • the transfer of your personal data to the United States as indicated above.

Changes and Updates to this Privacy Policy

We may occasionally update this Privacy Policy. When we do, we will also revise the Effective Date below. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the personal information we collect. Your continued use of the Websites constitutes your agreement to this Privacy Policy and any updates.

Questions?

If you have questions about this Privacy Policy, please contact us by email at info@creativecommons.org.

Effective Date: March 3, 2010 (Prior Privacy Policy)

#####EOF##### Considerations for licensors and licensees - Creative Commons

Considerations for licensors and licensees

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The following list sets out some basic things that you should think about before you apply a Creative Commons license to your material, or use Creative Commons-licensed material. It is not an exhaustive list. If you have additional questions or concerns, feel free to post to one of our email discussion lists, send us an email at info@creativecommons.org, send an email to one of our country project leads or obtain your own legal advice.

Considerations for Licensors - if you are licensing your own work
Considerations for Licensees - if you are using someone else's work

Contents

Considerations for licensors

Irrevocability

Remember the license may not be revoked.

Once you apply a CC license to your material, anyone who receives it may rely on that license for as long as the material is protected by copyright and similar rights, even if you later stop distributing it.

Type of material

Make sure the material is appropriate for CC licensing.

CC licenses are appropriate for all types of content you want to share publicly, except software and hardware.

Specify precisely what it is you are licensing.

Any given work has multiple elements; e.g., text, images, music. Make sure to clearly mark or indicate in a notice which of those are covered by the license.

Nature and adequacy of rights

Make sure the material is subject to copyright or similar rights.

CC licenses are operative only where copyright, sui generis database rights, or other rights closely related to copyright come into play. They should not be applied to material in the public domain.

Clear rights needed to use the material.

If the material includes rights held by others, make sure to get permission to sublicense those rights under the CC license. If you created the material in the scope of your employment or as a work-for-hire, you may not be the holder of the rights and may need to get permission before applying a CC license.

Indicate rights not covered by the license.

Prominently mark or indicate in a notice any rights held by third parties, such as publicity or trademark rights. This includes any content you used under exceptions or limitations to copyright, and any third party content used under another license (even if it is the same CC license as you applied).

Type of license

Think about how you want the material to be used.

Consider what you hope to achieve by sharing your work when determining which of the six CC licenses to apply. For example, if you want it to appear in a Wikipedia article, it must be licensed using BY-SA or a compatible license.

Consider any obligations that may affect what type of license you apply.

Think about any obligations you have, such as licensing requirements from a funding source, employment agreement, or limitations on your ability to use a CC license imposed by a collecting society, that dictate which (if any) of the six CC licenses you can apply.

Additional provisions

Consider offering a warranty.

If you are confident you have cleared all rights in the material, you may choose to warrant that the work does not violate the rights of any third parties.

Specify additional permissions, if desired.

You have the option of granting permissions above and beyond what the license allows; for example, allowing licensees to translate ND-licensed material. If so, consider using CC+ to indicate the additional permissions offered.

Special preferences

Specify attribution information if desired.

You may indicate particular attribution parties, a URI for the material, and other attribution information for licensees to retain.

Indicate any non binding requests.

You may ask licensees to adhere to your special requests, such as marking or describing changes they make to your material.

Considerations for licensees

Understand the license.

Read the legal code, not just the deed.

The human-readable deed is a summary of, but not a replacement for, the legal code. It does not explain everything you need to know before using licensed material.

Make sure the license grants permission for what you want to do.

There are six different CC licenses. Two of the licenses prohibit the sharing of adaptations (BY-ND, BY-NC-ND); three prohibit commercial uses (BY-NC, BY-NC-ND, BY-NC-SA), and two require adaptations be licensed under the same license (BY-SA, BY-NC-SA).

Take note of the particular version of the license.

The current version (4.0) differs from prior versions in important respects. Similarly, the jurisdiction ports may differ in certain terms, such as dispute resolution and choice of law.

Scope of the license.

Pay attention to what exactly is being licensed.

The licensor should have marked which elements of the work are subject to the license and which are not. For those elements that are not subject to the license, you may need separate permission.

Consider clearing rights if you are concerned.

The license does not contain a warranty, so if you think there may be third party rights in the material, you may want to clear those rights in advance.

Some uses of licensed material do not require permission under the license.

If the use you want to make of a work falls within an exception or limitation to copyright or similar rights, you may do so. Those uses are unregulated by the license.

Know your obligations.

Provide attribution.

All CC licenses require you provide attribution and mark the material when you share it publicly. The specific requirements vary slightly across versions.

Do not restrict others from exercising rights under the license.

All CC licenses prohibit you from applying effective technological measures or imposing legal terms that would prevent others from doing what the license permits.

Determine what, if anything, you can do with adaptations you make.

Depending on what type of license is applied, you are limited in whether you can share your adaptation and if so, what license you can apply to your contributions.

Termination is automatic.

All CC licenses terminate automatically when you fail to comply with its terms. If the material is under a 4.0 license, you must fix the problem within 30 days of discovery if you want your rights automatically reinstated.

Consider licensor preferences.

Consider complying with non-binding requests by the licensor.

The licensor may make special requests when you use the material. We recommend you do so when reasonable, but that is your option and not your obligation.

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#####EOF##### Creative Commons — Attribution-NonCommercial 4.0 International — CC BY-NC 4.0
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Creative Commons Legal Code

Attribution-NonCommercial 4.0 International

Official translations of this license are available in other languages.

Creative Commons Corporation (“Creative Commons”) is not a law firm and does not provide legal services or legal advice. Distribution of Creative Commons public licenses does not create a lawyer-client or other relationship. Creative Commons makes its licenses and related information available on an “as-is” basis. Creative Commons gives no warranties regarding its licenses, any material licensed under their terms and conditions, or any related information. Creative Commons disclaims all liability for damages resulting from their use to the fullest extent possible.

Using Creative Commons Public Licenses

Creative Commons public licenses provide a standard set of terms and conditions that creators and other rights holders may use to share original works of authorship and other material subject to copyright and certain other rights specified in the public license below. The following considerations are for informational purposes only, are not exhaustive, and do not form part of our licenses.

Considerations for licensors: Our public licenses are intended for use by those authorized to give the public permission to use material in ways otherwise restricted by copyright and certain other rights. Our licenses are irrevocable. Licensors should read and understand the terms and conditions of the license they choose before applying it. Licensors should also secure all rights necessary before applying our licenses so that the public can reuse the material as expected. Licensors should clearly mark any material not subject to the license. This includes other CC-licensed material, or material used under an exception or limitation to copyright. More considerations for licensors.

Considerations for the public: By using one of our public licenses, a licensor grants the public permission to use the licensed material under specified terms and conditions. If the licensor’s permission is not necessary for any reason–for example, because of any applicable exception or limitation to copyright–then that use is not regulated by the license. Our licenses grant only permissions under copyright and certain other rights that a licensor has authority to grant. Use of the licensed material may still be restricted for other reasons, including because others have copyright or other rights in the material. A licensor may make special requests, such as asking that all changes be marked or described. Although not required by our licenses, you are encouraged to respect those requests where reasonable. More considerations for the public.

Creative Commons Attribution-NonCommercial 4.0 International Public License

By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Creative Commons Attribution-NonCommercial 4.0 International Public License ("Public License"). To the extent this Public License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Licensed Material available under these terms and conditions.

Section 1 – Definitions.

  1. Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Public License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image.
  2. Adapter's License means the license You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this Public License.
  3. Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this Public License, the rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.
  4. Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements.
  5. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
  6. Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License.
  7. Licensed Rights means the rights granted to You subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license.
  8. Licensor means the individual(s) or entity(ies) granting rights under this Public License.
  9. NonCommercial means not primarily intended for or directed towards commercial advantage or monetary compensation. For purposes of this Public License, the exchange of the Licensed Material for other material subject to Copyright and Similar Rights by digital file-sharing or similar means is NonCommercial provided there is no payment of monetary compensation in connection with the exchange.
  10. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
  11. Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.
  12. You means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning.

Section 2 – Scope.

  1. License grant.
    1. Subject to the terms and conditions of this Public License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:
      1. reproduce and Share the Licensed Material, in whole or in part, for NonCommercial purposes only; and
      2. produce, reproduce, and Share Adapted Material for NonCommercial purposes only.
    2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.
    3. Term. The term of this Public License is specified in Section 6(a).
    4. Media and formats; technical modifications allowed. The Licensor authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Public License, simply making modifications authorized by this Section 2(a)(4) never produces Adapted Material.
    5. Downstream recipients.
      1. Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License.
      2. No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
    6. No endorsement. Nothing in this Public License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3(a)(1)(A)(i).

  2. Other rights.

    1. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise.
    2. Patent and trademark rights are not licensed under this Public License.
    3. To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties, including when the Licensed Material is used other than for NonCommercial purposes.

Section 3 – License Conditions.

Your exercise of the Licensed Rights is expressly made subject to the following conditions.

  1. Attribution.

    1. If You Share the Licensed Material (including in modified form), You must:

      1. retain the following if it is supplied by the Licensor with the Licensed Material:
        1. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
        2. a copyright notice;
        3. a notice that refers to this Public License;
        4. a notice that refers to the disclaimer of warranties;
        5. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
      2. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
      3. indicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License.
    2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
    3. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.
    4. If You Share Adapted Material You produce, the Adapter's License You apply must not prevent recipients of the Adapted Material from complying with this Public License.

Section 4 – Sui Generis Database Rights.

Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:

  1. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database for NonCommercial purposes only;
  2. if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material; and
  3. You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database.
For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights.

Section 5 – Disclaimer of Warranties and Limitation of Liability.

  1. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.
  2. To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.
  1. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.

Section 6 – Term and Termination.

  1. This Public License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Public License, then Your rights under this Public License terminate automatically.

  2. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates:

    1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
    2. upon express reinstatement by the Licensor.
    For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License.
  3. For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public License.
  4. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.

Section 7 – Other Terms and Conditions.

  1. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
  2. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License.

Section 8 – Interpretation.

  1. For the avoidance of doubt, this Public License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Public License.
  2. To the extent possible, if any provision of this Public License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public License without affecting the enforceability of the remaining terms and conditions.
  3. No term or condition of this Public License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
  4. Nothing in this Public License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.

Creative Commons is not a party to its public licenses. Notwithstanding, Creative Commons may elect to apply one of its public licenses to material it publishes and in those instances will be considered the “Licensor.” The text of the Creative Commons public licenses is dedicated to the public domain under the CC0 Public Domain Dedication. Except for the limited purpose of indicating that material is shared under a Creative Commons public license or as otherwise permitted by the Creative Commons policies published at creativecommons.org/policies, Creative Commons does not authorize the use of the trademark “Creative Commons” or any other trademark or logo of Creative Commons without its prior written consent including, without limitation, in connection with any unauthorized modifications to any of its public licenses or any other arrangements, understandings, or agreements concerning use of licensed material. For the avoidance of doubt, this paragraph does not form part of the public licenses.

Creative Commons may be contacted at creativecommons.org.

Additional languages available: Bahasa Indonesia, euskara, Deutsch, Español, français, hrvatski, italiano, latviski, Lietuvių, Nederlands, norsk, polski, português, suomeksi, svenska, te reo Māori, Türkçe, Ελληνικά, русский, українська, العربية, 日本語. Please read the FAQ for more information about official translations.

#####EOF##### Global affiliates Archives - Creative Commons
Creative Commons > Blog > Global affiliates

Global affiliates

Announcing the First Round of Grants for the Community Activities Fund

Last month we announced the Community Activities Fund as part of our ongoing efforts to support the activities of CC communities and beyond. Creative Commons is committed to building and fostering a vibrant global commons through the activities and projects they undertake. Our fund was created in response to direct community requests, and we could … Read More “Announcing the First Round of Grants for the Community Activities Fund”

Global affiliates

Hacia la Implementación del Tratado de Marrakech en Uruguay

El “Tratado de Marrakech para facilitar el acceso a obras publicadas a las personas ciegas, con discapacidad visual o con otras dificultades para acceder al texto impreso”, constituye un hito en la relación entre los derechos de autor y los DD.HH., siendo el primer tratado internacional consagrado con el objetivo exclusivo de proteger los derechos de acceso a la cultura y el conocimiento.

Global affiliates

Almanaque Azul: a Panamanian travel guide licensed under CC

Almanaque Azul is a group of Panamanian environmentalists, artists, and explorers that began the process of creating a travel guide for the beaches of the Republic of Panama in 2005 through a blog that chronicled the amazing cultural and natural diversity of various small towns and deserted beaches. Over the years, dozens of volunteers reported … Read More “Almanaque Azul: a Panamanian travel guide licensed under CC”

Global affiliates
#####EOF##### Privacy Policy (pre 2008-10-15) - Creative Commons
Creative Commons > Privacy Policy > Privacy Policy (pre 2008-10-15)

Privacy Policy (pre 2008-10-15)

This Privacy Policy explains the collection, use, and disclosure of “personal information” by Creative Commons, a Massachusetts Corporation, with its principal place of business at 171 Second St, Suite 300, San Francisco, 94150, USA, through the websites that Creative Commons operates at http:///creativecommons.org and http://sciencecommons.org (“Websites”). Any “personal information” that Creative Commons collects via our ccMixter site (http://ccmixter.org) is handled in accordance with our ccMixter Privacy Policy (http://ccmixter.org/privacy). As used in this policy, “personal information’ means information that would allow a party to identify you, such as, for example, your name, address, telephone number or email address.

Personal information we collect: We collect personal information at four places on our Websites: (1) in connection with your selection of one of our licenses, your selection of a Public Domain Dedication or your application for Founder’s Copyright; (2) when you provide us with your personal information such as by sending an email to us or signing up to receive a newsletter; (3) when you subscribe to one of our email discussion lists (http://creativecommons.org/discuss); and, (4) when you donate money to us or purchase merchandise via our support page (http://creativecommons.org/support/).

What we do with the personal information we collect: We use the personal information you provide to us as part of your selection of one of our licenses to provide you the RDF, html, and the Uniform Resource Locator that corresponds to the license you selected. Your email address is expunged from our logs after this email has been successfully sent. If you choose a Public Domain Dedication, we use your personal information to provide you with the dedication information and your email address and other information is expunged from our logs after this email has been successfully sent. If you apply for a Founder’s Copyright, we use and retain your personal information to provide you with the relevant agreement, to process your application and manage your Founder’s Copyright.

We use the personal information you provide to us when you send us emails or sign up to receive our newsletter in order to respond to your request, for example, to reply to your email or to send you communications about news and events related to Creative Commons.

When you subscribe to our newsletter or to one of our email discussion lists, your name and email address is sent to and stored by ibiblio (http://www.ibiblio.org/), a collaboration between the Center for the Public Domain (http://www.centerforthepublicdomain.org/) and the University of North Carolina – Chapel Hill (http://www.unc.edu/). Personal information submitted as part of our email discussion lists is used for the purpose managing the discussion lists. Your name and email address will typically be visible to other list participants when you correspond on the list and to the general public in the discussion archives.

When you donate money to us or purchase merchandise via our support page, your personal information will be handled in one of three ways, depending on which option you choose.

If you purchase a t-shirt or other merchandise via the Café Press Creative Commons store, your personal information will be sent to, handled and stored by Café Press (http://www.cafepress.com/cp/info/) in accordance with its Terms of Service and Privacy Policy.

If you purchase a t-shirt or other merchandise directly from Creative Commons, we will use your personal information for the purpose of sending you the items you purchased.

You may donate money to Creative Commons either via PayPal (in which case your personal information is sent to, handled by and stored by PayPal (https://www.paypal.com/) in accordance with its Terms of Use and Privacy Policy), via the Amazon Honor System (in which case your personal information is sent to, handled by and stored by Amazon.com (http://www.amazon.com) in accordance with its Conditions of Use and Privacy Policy) or directly to Creative Commons. When you donate money to Creative Commons directly, we use your personal information to process your donation.

Regardless of the method by which you donate to Creative Commons or purchase a t-shirt or other merchandise, we additionally use the personal information you provide for the purpose of contacting you about upcoming news and events relevant to Creative Commons. When we contact you for the first time after your donation, we will give you the option to choose not to be contacted in this manner again. When you donate money as part of one of Creative Commons fundraising campaigns, your name will be published on our “supporters page” unless you request otherwise.

Non-personal browsing and site usage information that we collect: When you use the Websites, our servers (which may be hosted by a third party service provider) may collect information indirectly and automatically (through, for example, the use of your “IP address”) about your activities while visiting the Websites, including the web pages you view and the times you view them and information about the browser you are using. We do not link browsing information to the personal information you submit to us; we use this browsing information for internal purposes such as to help understand how the Websites are being used and to improve it, and for systems administration purposes. An IP address is a number that is automatically assigned to your computer when you use the Internet. In some cases your IP address stays the same from browser session to browser session; but if you use a consumer Internet access provider, your IP address probably varies from session to session.

The disclosures we may make of personal information: In general, it is not Creative Commons’ practice to disclose personal information to third parties. We may share personal information in two instances.

Firstly, Creative Commons may share personal information with our contractors and service providers in order to maintain, enhance, or add to the functionality of the Websites. Secondly, we may share personal information with third parties such as the government or other entities when required to by law or as required by court order.

The security of personal information collected via the Websites: Creative Commons has implemented reasonable measures to protect against unauthorized access to and unlawful interception or processing of personal information that Creative Commons stores and controls. However, no website can fully eliminate security risks. Third parties may circumvent our security measures to unlawfully intercept or access transmissions or private communications. We will post a reasonably prominent notice to the Websites if any such security breach occurs.

Questions? If you have questions about this Privacy Policy, please contact us by email at info@creativecommons.org.

We hope this policy clarifies our procedures regarding your personal information. Creative Commons may revise this policy at any time by updating this posting.

Effective Date: October 4, 2005 (previous Privacy Policy)

#####EOF##### Considerations for licensors and licensees - Creative Commons

Considerations for licensors and licensees

From Creative Commons
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The following list sets out some basic things that you should think about before you apply a Creative Commons license to your material, or use Creative Commons-licensed material. It is not an exhaustive list. If you have additional questions or concerns, feel free to post to one of our email discussion lists, send us an email at info@creativecommons.org, send an email to one of our country project leads or obtain your own legal advice.

Considerations for Licensors - if you are licensing your own work
Considerations for Licensees - if you are using someone else's work

Contents

Considerations for licensors

Irrevocability

Remember the license may not be revoked.

Once you apply a CC license to your material, anyone who receives it may rely on that license for as long as the material is protected by copyright and similar rights, even if you later stop distributing it.

Type of material

Make sure the material is appropriate for CC licensing.

CC licenses are appropriate for all types of content you want to share publicly, except software and hardware.

Specify precisely what it is you are licensing.

Any given work has multiple elements; e.g., text, images, music. Make sure to clearly mark or indicate in a notice which of those are covered by the license.

Nature and adequacy of rights

Make sure the material is subject to copyright or similar rights.

CC licenses are operative only where copyright, sui generis database rights, or other rights closely related to copyright come into play. They should not be applied to material in the public domain.

Clear rights needed to use the material.

If the material includes rights held by others, make sure to get permission to sublicense those rights under the CC license. If you created the material in the scope of your employment or as a work-for-hire, you may not be the holder of the rights and may need to get permission before applying a CC license.

Indicate rights not covered by the license.

Prominently mark or indicate in a notice any rights held by third parties, such as publicity or trademark rights. This includes any content you used under exceptions or limitations to copyright, and any third party content used under another license (even if it is the same CC license as you applied).

Type of license

Think about how you want the material to be used.

Consider what you hope to achieve by sharing your work when determining which of the six CC licenses to apply. For example, if you want it to appear in a Wikipedia article, it must be licensed using BY-SA or a compatible license.

Consider any obligations that may affect what type of license you apply.

Think about any obligations you have, such as licensing requirements from a funding source, employment agreement, or limitations on your ability to use a CC license imposed by a collecting society, that dictate which (if any) of the six CC licenses you can apply.

Additional provisions

Consider offering a warranty.

If you are confident you have cleared all rights in the material, you may choose to warrant that the work does not violate the rights of any third parties.

Specify additional permissions, if desired.

You have the option of granting permissions above and beyond what the license allows; for example, allowing licensees to translate ND-licensed material. If so, consider using CC+ to indicate the additional permissions offered.

Special preferences

Specify attribution information if desired.

You may indicate particular attribution parties, a URI for the material, and other attribution information for licensees to retain.

Indicate any non binding requests.

You may ask licensees to adhere to your special requests, such as marking or describing changes they make to your material.

Considerations for licensees

Understand the license.

Read the legal code, not just the deed.

The human-readable deed is a summary of, but not a replacement for, the legal code. It does not explain everything you need to know before using licensed material.

Make sure the license grants permission for what you want to do.

There are six different CC licenses. Two of the licenses prohibit the sharing of adaptations (BY-ND, BY-NC-ND); three prohibit commercial uses (BY-NC, BY-NC-ND, BY-NC-SA), and two require adaptations be licensed under the same license (BY-SA, BY-NC-SA).

Take note of the particular version of the license.

The current version (4.0) differs from prior versions in important respects. Similarly, the jurisdiction ports may differ in certain terms, such as dispute resolution and choice of law.

Scope of the license.

Pay attention to what exactly is being licensed.

The licensor should have marked which elements of the work are subject to the license and which are not. For those elements that are not subject to the license, you may need separate permission.

Consider clearing rights if you are concerned.

The license does not contain a warranty, so if you think there may be third party rights in the material, you may want to clear those rights in advance.

Some uses of licensed material do not require permission under the license.

If the use you want to make of a work falls within an exception or limitation to copyright or similar rights, you may do so. Those uses are unregulated by the license.

Know your obligations.

Provide attribution.

All CC licenses require you provide attribution and mark the material when you share it publicly. The specific requirements vary slightly across versions.

Do not restrict others from exercising rights under the license.

All CC licenses prohibit you from applying effective technological measures or imposing legal terms that would prevent others from doing what the license permits.

Determine what, if anything, you can do with adaptations you make.

Depending on what type of license is applied, you are limited in whether you can share your adaptation and if so, what license you can apply to your contributions.

Termination is automatic.

All CC licenses terminate automatically when you fail to comply with its terms. If the material is under a 4.0 license, you must fix the problem within 30 days of discovery if you want your rights automatically reinstated.

Consider licensor preferences.

Consider complying with non-binding requests by the licensor.

The licensor may make special requests when you use the material. We recommend you do so when reasonable, but that is your option and not your obligation.

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#####EOF##### License Versions - Creative Commons

License Versions

From Creative Commons
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This page identifies the principal improvements to the Creative Commons license suite since the publication of the first licenses (version 1.0) in December 2002, through the current version 4.0, published November 2013. It also highlights important similarities and differences among the major license versions. For more information on using CC tools or works offered under Creative Commons licenses, consult the Frequently Asked Questions page. For a further historical perspective, you are invited to review deprecated CC legal tools identified on the retired legal tools page.

Please note that the summaries below may not reflect all changes between license versions or fully or accurately describe the differences between them. CC cannot provide legal advice, and what follows is not legal advice. What follows below is a general description of differences and similarities between the license versions, for general informational purposes only. Consult your own attorney if you are in need of legal advice.

Contents

License Versioning History

The chart below presents the major license versions, launch dates, and blog posts announcing major public comment periods, the launch of each license suite, and improvements. It does not reference the unfinished version 3.x (3.01 or 3.5) licenses, which did not include active public consultation and were never published. Version 4.0 is the premier, recommended Creative Commons license suite.

License version [1] Release date Calls for public comment Launch announcement Explanation of changes from prior version
1.0 2002 Dec 16 Creative Commons Unveils Machine-Readable Copyright Licenses
2.0 2004 May 25 Versioning -- Public Review Begins Announcing (and explaining) our new 2.0 licenses Announcing (and explaining) our new 2.0 licenses
2.5 2005 June Tweaking CC's Standard Attribution Language -- An Invitation to Comment Comments Period Drawing to a close for Draft License Version 2.5
3.0 2007 Feb 23 Version 3.0 -- Public Discussion Launched Version 3.0 Launched Creative Commons Version 3.0 Licenses -- A Brief Explanation
4.0 2013 Nov 25 CC’s Next Generation Licenses — Welcome Version 4.0!
  1. ↑ Note that CC released a version 2.1 suite for jurisdictions like Spain, Australia, and Japan, whose localized ports of the 2.0 suite contained errors.

International License Development Process

Creative Commons develops, releases, and updates its public copyright licenses (and other legal tools) via an open and inclusive process of engagement with Creative Commons’ global network of attorneys and affiliates, as well as varied communities and constituents. The process culminates in the publication of the preferred, most up-to-date set of CC licenses for use around the world. Creative Commons released its latest version of the licenses in November 2013, the 4.0 international licenses.

The public license development process includes the publication of drafts, formal comment periods, and transparent decision-making. In recognition of its stewardship role, CC has also made public commitments about the development of its ShareAlike licenses: the Statement of Intent for Attribution-ShareAlike licenses following the publication of 3.0. After publication of 4.0, Creative Commons posted for public comment a continuation of that statement, but that has not been finalized for lack of demonstrated need or interest of the community.

While each version of licenses is drafted to conform with copyright law, the version 4.0 license suite includes significant improvements to ensure the licenses operate well internationally. Through extensive consultation with our global network of legal affiliates, the 4.0 international license suite is designed for use in jurisdictions around the world, without the need for localization beyond translation. CC has an established a policy for official translations of the 4.0 licenses as well as other legal tools.

Prior to version 4.0, Creative Commons granted permission to legal experts around the world to adapt (or “port”) the licenses where necessary to more fully align the text with the laws of different legal jurisdictions, and to translate the licenses to the local language(s). For the 4.0 suite, every effort has been made to avoid the need to port (though we will support official language translations). CC may consider requests to port the 4.0 suite in 2014, but only where a compelling need is demonstrated. If CC decides to consider requests, in no case will CC grant permission if the basis for doing so is to include a choice of law or if the change presented would otherwise alter the basic operation of the licenses. CC will post more information on the topic of porting in Q2 of 2014.

License Suite Versions

The chart below and linked explanations that follow detail some of the improvements and important similarities among Creative Commons license versions. Some of the explanations contain links to further information on the topic.

General license features

License Suite Version 1.0 2.0 2.5 3.0 4.0
All international (unported/generic) and ported licenses
Nomenclature (for unported licenses) Generic license Generic license Generic license International (unported) license International license
License scope (beyond copyright)
Express permission granted under sui generis database rights No No No EU ports only Yes
License conditions apply to sui generis database rights No Few ports only Few ports only No Yes
Treatment of moral rights Not addressed Not addressed Not addressed Varied Waived/not asserted
Trademark and patent explicitly reserved No No No No Yes
Other license features
Representations and warranties from licensor included Yes No No No No
Licensor expressly waives rights to enforce, and grants permission to circumvent, technological protection measures No No No No Yes
Automatic reinstatement after termination if violations corrected No No No No Yes, if corrected within 30 days
Express reservation of right by collecting society to collect royalty Not addressed Expressly waived where possible Expressly waived where possible Expressly waived where possible Expressly waived where possible
Element-specific features
Compatibility mechanism in BY-SA licenses same license only same license, later versions, or ports same license, later versions, or ports same license, later versions, ports, or CC-designated compatible licenses same license, later versions, CC-designated compatible licenses (including designated ports)
Compatibility mechanism in BY-NC-SA licenses No No No No Yes
Adaptations of SA material usable under conditions of adapter's license Yes (because adapter's license had to be same license) No No No Yes
Adaptations of NoDerivatives material permitted when not shared No No No No Yes

Attribution-specific elements

License Suite Version 1.0 2.0 2.5 3.0 4.0
Attribution reasonable to means, medium, and context Medium and means, with exceptions Medium and means, with exceptions Medium and means, with exceptions Medium and means, with exceptions Explicit
Reasonableness applies to all attribution requirements All but license notices All but license notices All but license notices All but license and copyright notices All
Licensors may name other attribution parties Implied Implied Implied Explicit Explicit
Licensors may request removal of attribution Adaptations and collections only Adaptations and collections only Adaptations and collections only Adaptations and collections only Always
Title of work required Yes Yes Yes Yes No
URI required No If contains copyright notice or licensing information If contains copyright notice or licensing information If contains copyright notice or licensing information Yes
"No endorsement" clause included No No No Yes Yes
Modifications must be indicated No No No Yes, but only adaptations Yes

Detailed attribution comparison chart

1.0 2.0 3.0 4.0
Author if supplied Author if supplied Author if supplied and attribution parties if designated in copyright notice, TOS, or other reasonable means Creator if supplied and attribution parties if designated in reasonable manner
Copyright notices if supplied Copyright notices if supplied Copyright notices if supplied Copyright notice if supplied
Title if supplied Title if supplied Title if supplied N/A
Notices that refer to Public License and the disclaimer of warranties if supplied Notices that refer to Public License and the disclaimer of warranties if supplied Notices that refer to Public License and the disclaimer of warranties if supplied Notice that refers to Public License and notice that refers to the disclaimer of warranties if supplied
N/A To the extent practicable, URI licensor specifies to be associated with the work (but only if references copyright notice or licensing info) To the extent practicable, URI licensor specifies to be associated with the work (but only if references copyright notice or licensing info) To the extent practicable, URI or link to the material if supplied
If adaptation, credit indicating Work has been used If adaptation, credit indicating Work has been used If adaptation, credit indicating Work has been used and reasonable steps taken to identify that changes were made to the original Indicate if you modified the material; retain an indication of previous modifications
Text/URI for Public License Text/URI for Public License Text/URI for Public License Indicate the material is available under Public License and include text/URI/link
If collection or adaptation, remove reference to author and licensor upon request to the extent practicable If collection or adaptation, remove reference to author and licensor upon request to the extent practicable If collection or adaptation, remove reference to author and licensor upon request to the extent practicable Remove attribution information upon request to the extent reasonably practicable
Copyright notice, author, title, credit noting use of original in adaptation – all may be implemented in any reasonable manner, so long as at least as prominent as other authorship credit if an adaptation or collection Copyright notice, author, title, URI, credit noting use of original in adaptation – all may be implemented in any reasonable manner, so long as at least as prominent as other authorship credit if an adaptation or collection Author, title, URI, credit noting use of original in adaptation -- all reasonable to medium and means All reasonable to medium, means, and context


Features remaining unchanged

License Features

Nomenclature (for international licenses)

The 4.0 licenses are referred to as "international."

Version 3.0 licenses were referred to as "unported" licenses until 2010, at which point they were re-branded as the "international" licenses. At that point, CC added a global flag to the licenses and deeds and changed the reference in the Chooser (among other things). In the 1.0, 2.0, and 2.5 versions, the international licenses were called the “generic” licenses. The generic licenses were drafted to conform with U.S. copyright law.

Starting with version 3.0, Creative Commons drafted its core suite of licenses to conform to relevant international treaties and drafting conventions. In this sense, version 3.0 and the current 4.0 international license suites are jurisdiction-agnostic: these licenses do not mention and are not drafted against any particular jurisdiction's laws or statutes. They are intended to function without adjustment in all jurisdictions around the world.

License scope (beyond copyright)

Sui generis database rights

The 4.0 international suite licenses database rights along with copyright. Where the use of a database under a CC license implicates sui generis database rights, whether or not copyright is implicated, that use is subject to the terms and conditions of the license. If sui generis rights are not implicated—for example, if the use is in a jurisdiction where these rights do not exist, or if the database is not protected by the laws of a jurisdiction where such rights exist— such uses are not regulated by the license if copyright or neighboring rights do not apply. A few early (2.0, 2.5) European jurisdiction license ports also licensed database rights subject to the terms and conditions of the license.

In 3.0, the international (unported) license suite does not mention sui generis rights. However, ported 3.0 licenses for jurisdictions where those rights exist address them according to CC's 3.0 database rights policy. Under this policy, version 3.0 EU jurisdiction ports must license sui generis rights subject to the terms and conditions of the license just like copyright and neighboring rights, but also must waive license restrictions and conditions (attribution, ShareAlike, etc) for uses triggering database rights—so that if the use of a database published under a CC license implicated only database rights but not copyright, the CC license requirements and prohibitions would not apply to that use. The license conditions and restrictions, however, continue to apply to all uses triggering copyright. Other ports and the 3.0 international license are silent on sui generis database rights: databases and data are licensed (i.e., subject to restrictions detailed in the license) to the extent copyrightable, and if data in the database or the database itself are not copyrightable the license restrictions do not apply to those parts (though they still apply to the remainder). Thus, regardless of the CC 3.0 license at play (unported, an EU port, another port), uses that implicate only database rights will not trigger the license conditions, while uses that implicate copyright will.

Neither the international nor the ported licenses that address database rights export the sui generis rights to jurisdictions where such rights are not recognized (the ported licenses accomplish this as well through inclusion of a territoriality limitation). This avoids the imposition of restrictions based on sui generis rights via contract where those rights are not enforceable or recognized. You may compare how different jurisdictions implemented this section of the license.

Treatment of moral rights

In version 4.0, moral rights are waived to the limited extent necessary to exercise the licensed rights.

While the existence and extent of moral rights differ by jurisdiction, the most consistently present rights are those of attribution and integrity (the right to prevent or halt the prejudicial use of one’s work by another). The 1.0, 2.0, and 2.5 licenses were drafted to conform to U.S. law, and because U.S. law recognizes moral rights in only very limited circumstances, the generic versions of those licenses suites do not address moral rights of authors.

The international licenses began to address moral rights in version 3.0. In version 4.0, moral rights are waived or not asserted to the extent possible under local law, to the limited extent they would otherwise interfere with exercise of the licensed rights. This avoids establishing moral rights through the license where they would not otherwise exist, but recognizes that there are jurisdictions where this limited waiver is not possible. The attribution requirements in Section 3 of the 4.0 licenses may satisfy many jurisdictions' right of attribution; however, they are a requirement of the license regardless of whether moral rights apply to a use.

In the 3.0 license suite, CC addressed moral rights in the international (unported) licenses. CC did not include a waiver of those rights in the international licenses. Instead, the licenses specifically instruct users that they “must not distort, mutilate, modify or take other derogatory action in relation to the Work which would be prejudicial to the Original Author's honor or reputation.” The only exception is where the right to make adaptations would be considered prejudicial to the author's honor and reputation, in which case the licensor waives or agrees not to assert their moral right in order to allow adaptations to be made. The attribution requirement is designed in part to satisfy the right of attribution. In the porting process, some jurisdictions slightly adjusted this provision, with CC’s permission, to specify that moral rights are waived to the extent necessary to effect the license to the degree a waiver is possible under applicable law. You may compare how different jurisdictions implemented this section of the license.

Trademark and patent explicitly not licensed

In the 4.0 licenses, trademark and patent rights are expressly mentioned as not among the rights licensed.

No CC license version licenses patent and trademark rights along with copyright. These rights are treated separately and are not covered by the license. In 4.0, this was made explicit to avoid confusion. However, in all license versions, implied licenses may come into play where these rights would interfere with exercise of the rights granted by the CC license.

Attribution and marking

Attribution reasonable to means, medium, and context

In 4.0, the manner of attribution is explicitly allowed to be reasonable to the means, medium, and context of how one shares a work.

In the 1.0, 2.0, 2.5, and 3.0 licenses, attribution may be reasonable to the medium or means, and applied to all elements other than certain notices where the requirement is firm. In 4.0, this explicit permission applies to the medium, means, and context of use. We believe this to be a clarification rather than a change: attribution reasonable to the means, medium, and context of use should be permissible for works under any CC license. Additionally, the pre-4.0 licenses specified that credit in adaptations and collections should be at least as prominent as credits for other authors; 4.0 is not specific in this regard.

Reasonableness applies to all attribution requirements

In 4.0, all attribution requirements may be fulfilled reasonable to the means, medium, and context of the use.

In earlier license versions, compliance reasonable to means and medium of use was not expressly permitted for all elements, as certain notices were excluded; however, in 4.0 these are included in the elements that may be fulfilled in a reasonable manner.

Credit to others explicit

In 4.0, proper attribution requires credit to designated others where supplied by the licensor.

In the 1.0 and 2.0 licenses, CC licenses contemplated crediting the author only. Versions 2.5 and 3.0 allow licensors to identify another party or organization for attribution (called an “Attribution Party” in these licenses). This feature was introduced in part to alleviate burdensome or difficult attribution situations, such as when many people contribute to a collaborative effort and agree to be credited as a collective body. In licenses with this feature, licensors may designate another party for attribution purposes—such as a sponsor institute, publishing entity or journal—in addition to or instead of the author. You may review some of the concerns raised when CC proposed this change.

Licensors may request removal of attribution

In the 4.0 licenses, a user must remove attribution from a work at the creator's request to the extent it is reasonably practicable to do so. This is true whether the work is modified or unmodified.

All license versions after version 1.0 require attribution. However, legislation in many countries gives authors the right to control the use of their name in association with their works. Therefore, CC licenses require licensees to remove attribution to the creator at his or her request, where it would otherwise be required to include it. In 2.0, 2.5, and 3.0, credit must be removed from adaptations and collections, to the extent practicable, at the creator’s request. In 4.0, the creator may also request removal of credit from the unmodified work.

Title required

The title is not required for proper attribution in the 4.0 licenses. It is required in all earlier versions.

Beginning in version 1.0, one of the requirements for proper attribution was to include the title of the licensed work; this requirement was kept in versions 2.0, 2.5, and 3.0. In Version 4.0, this requirement was eliminated to increase flexibility and ease of compliance, particularly as many works do not have titles. Users are still encouraged to include titles where supplied.

URI required

For 4.0 licensed materials, a URI is required for proper attribution, if it is reasonably practicable to include.

The version 1.0 licenses contained no URI requirement. In version 2.0, CC introduced the requirement to retain a URI associated with a licensed work for proper attribution if it contains copyright notices or licensing information; this was kept through 2.5 and 3.0. In version 4.0, CC reconsidered this requirement. However, it was retained based on feedback from current and potential adopters that it is important for provenance, branding, and other reasons; a URI associated with the work is required as part of attribution if reasonably practicable to retain, regardless of whether it contains copyright notices or licensing information.

"No endorsement" clause included

In version 4.0, the license is clear that it should not be construed as giving permission to suggest the licensor endorses their use and similar.

In some jurisdictions, wrongfully implying that an author, publisher, or anyone else endorses a particular use of a work may be unlawful. Though not explicitly mentioned in the 1.0, 2.0, or 2.5 licenses, this has always been the case. The version 3.0 licenses contain an express no endorsement clause. In version 4.0, this clause is expressed as a limitation on the rights granted by the licensor.

Modifications and adaptations must be indicated

In the 4.0 license suite, licensees are required to indicate if they made modifications to the licensed material. This obligation applies whether or not the modifications produced adapted material. As with all other attribution and marking requirements, this may be done in a manner reasonable to the means, medium, and context. For example, "This section is an excerpt of the original." For trivial modifications, such as correcting spelling errors, it may be reasonable to omit the notice.

In the 3.0 suite, the obligation to indicate if modifications have been made applies if they result in the creation of an adaptation (when allowed by the license). Versions 1.0, 2.0, and 2.5 do not contain this requirement directly; however, the requirement in those licenses that the original work be credited if used in an adaptation (e.g., "French translation of the Work by Original Author") is some indication that the work has been modified. Even when not required, licensees are encouraged to indicate the material has been modified, and ideally (when reasonable) to describe or specify the changes made.

Other license features

Representations and warranties from licensor included

In version 4.0, the licensor does not provide representations and warranties regarding the licensed content.

In the 1.0 license suite, the licensor extends warranties—for instance, that the work does not infringe the work of another. These warranties were eliminated in all subsequent license versions. Versions 2.0, 2.5, 3.0 and 4.0 explicitly offer the work “AS IS” and disclaim all liabilities to the extent allowable by law. In 4.0, an interpretation clause was added to help ensure that the disclaimer would be interpreted as intended given variations in local law. Of course, licensors may continue to offer warranties and specialized disclaimers separately from the license.

Some ports of 3.0 include warranties where they may not be disclaimed under local law. You may compare how different jurisdictions implemented this section of the license.

Licensor expressly waives rights to enforce, and grants permission to circumvent, technological protection measures

Version 4.0 includes an explicit waiver of, or agreement not to assert, any right licensor may otherwise have to enforce anti-circumvention of any effective technological measures applied to licensed material. CC licensors may apply such measures to their own licensed material, but the 4.0 licenses ensure that, to the extent possible, users are able to exercise the licensed rights when applied by or with the permission of the licensor. To reinforce this, the version 4.0 licenses also expressly grant permission to circumvent those measures.

It is always possible for a licensor to upload his or her own work to a platform that applies technological protection measures, even though the licensor chooses to use a CC license. The permission for a third-party platform to apply ETMs is separate from the CC license, and the CC license cannot restrict that additional permission because CC licenses are nonexclusive. In many jurisdictions, that third party may be able to enforce ETMs through civil or criminal anti-circumvention laws even though the licensor has waived or agreed not to assert any such right under the CC license. Licensees should make themselves aware of any legal limits on their ability to circumvent ETMs in advance of doing so.

In versions 1.0, 2.0, 2.5, and 3.0, the waiver of any right to enforce and the permission to circumvent are not express; however, this does not preclude any implied right to do so that may exist.

Automatic restoration of rights after termination if license violations corrected

In version 4.0, licensees may regain their rights to use licensed material after the license terminates by correcting a license violation within 30 days of discovering it.

In all license versions, a breach of the license terms results in automatic termination. Under versions 1.0, 2.0, 2.5, and 3.0, express permission from the licensor is required for licensees to regain their rights to use the work. In version 4.0, a new provision allows the rights to be automatically reinstated without express permission from the licensor, provided that the violation is corrected within 30 days of its discovery. This is similar to provisions in a handful of other public licenses.

In all versions, a licensor may of course reinstate permissions at any time.

Collecting societies regimes addressed

Under 4.0, licensors waive any right to collect royalties under collecting society schemes if they have chosen licenses permitting commercial uses. A licensor may collect royalties for commercial uses for works under the NonCommercial licenses.

Many users of Creative Commons licenses are members of collective rights societies like ASCAP, BMI, BUMA/STEMRA, and others that manage copyright on behalf of owners. Every license version from the 2.0 suite onward contains clauses that account for the existence of those arrangements. They provide, for instance, that for works offered under a NonCommercial license, the licensor retains the right to collect royalties for commercial uses of the work. The structure of the provisions in the 2.0 and 2.5 licenses differs from that in the version 3.0 and 4.0 licenses. The 2.x licenses specifically regulate music, sound recordings, and webcasting. As those licenses were ported to different jurisdictions, those provisions were adjusted to conform to the local collecting society situation.

The version 3.0 licenses and later employ a broad, harmonized strategy to collective rights societies. This strategy still allows jurisdictions to adopt an approach that best aligns with local law and society structure in the 3.0 licenses, but also ensures that the approach is implemented consistently across jurisdictions. In the international license, as regards compulsory royalty collection, the licensor reserves any right they have to collect those royalties in jurisdictions in which collection cannot be waived. In those jurisdictions in which compulsory royalty collection can be waived, the right to collect royalties is waived completely for those licenses that permit commercial use, and is reserved for commercial uses in those licenses that permit NonCommercial use only. For voluntary royalty schema, the licensor reserves the right to collect royalties for commercial uses in those licenses that permit NonCommercial use only, and waives the right to collect such royalties for licenses permitting commercial use. This clause covers both individual royalty collection and, in the event that the licensor is a member of a collecting society that collects such royalties, collection via such societies to the extent permitted by law. Some ports of the version 3.0 licenses include only those clauses that address the particular situation in the jurisdiction. Others have adopted all the language from the international license in hopes of international harmonization, or out of concern that their jurisdiction’s regime may change. You may compare how different jurisdictions implemented this section of the license.

License-specific features

Compatibility mechanism in BY-SA licenses

Under the 4.0 licenses, licensees may use licenses designated by CC as compatible for their contributions to adapted material.

The ShareAlike licenses require that licensees make their contributions to adapted material available under the same terms and conditions, or, where the license allows, under a license designated by CC as compatible. The version 1.0 ShareAlike licenses require that adaptations be made under exactly the same license as applied to the original work. Starting with the release of the 2.x license suites, CC expanded compatibility by allowing contributions to adapted material to be created under the same or later version of the original license, including other ported versions of the same or later version of the license. The 3.0 Attribution-ShareAlike goes one step further, by allowing those contributions to be licensed under under a “Creative Commons Compatible License,” defined to mean licenses approved by CC as essentially equivalent to the 3.0 Attribution-ShareAlike license.

To date, CC has not approved any other licenses as compatible. However, CC will develop a compatibility process shortly following launch of the 4.0 licenses, and begin evaluating other licenses. You can view the list of compatible licenses, and a post about the upcoming compatibility process. You may also want to review CC’s statement of intent for the Attribution-ShareAlike licenses, and a draft statement that sets out further principles for the ShareAlike licenses.

Compatibility mechanism in BY-NC-SA licenses

In the 4.0 licenses, the same compatibility mechanism is present in the BY-NC-SA license as in BY-SA. Adapted material may be licensed under BY-NC-SA, version 4.0 or later, or any license CC has designated as compatible. To date, CC has not identified any other licenses as compatible; the process and criteria will be maintained on the compatibility page. There is no compatibility mechanism in the 1.0, 2.0, 2.5, or 3.0 versions of BY-NC-SA.

Adapted material usable under conditions of adapter's license

In version 4.0, CC added a provision in the ShareAlike licenses that enables downstream licensees to refer only to the adapter’s license when using adapted material that contains the copyrightable contributions of multiple authors. This feature is designed to minimize complexity for reusers where they are using a later version of the ShareAlike license or a compatible license as their adapter's license. In 4.0, users need only refer to a single set of conditions contained in the last license applied to reuse adapted material, rather than parsing the conditions of the original and other adapter's licenses (to the extent the licenses differ).

In all cases, the licenses stack (the later license does not supplant all previously-applied licenses) when adapted material is created. In particular, the license originally applied to the material being remixed continues to apply once remixed, however permission is given in 4.0 for licensees to meet the conditions of the 4.0 license with reference to those in the adapter's license.

Prior to the 4.0 versioning process, CC had not always been clear that the ShareAlike licenses stacked just as they stack for the BY and BY-NC licenses, and reasonable minds do differ on this point. CC believes, however, that this is the best reading of its all of its licenses that permit adaptations prior to 4.0 and, now, has made that explicit in version 4.0.

Adaptations of NoDerivatives material permitted when not shared

In Version 4.0, licensees are granted permission to create adaptations of material licensed under one of the NoDerivatives licenses, but not permission to share the adaptations publicly.

In general, private personal use does not require the permission of the licensor and, therefore, does not require that the conditions of the CC license be followed. In 4.0, NoDerivatives is a partial rather than an absolute limitation on the rights granted. It does not restrict the production of adaptations (an exclusive right of creators under copyright), but it does prohibit the public sharing of those adaptations (also an exclusive right of creators under copyright). This change enables private activities that may result in the creation of adaptations whether intentionally or unintentionally, such as adaptations made in the course or as a result of text and data mining.

The creation of adaptations in connection with those and other activities are not permitted under the 3.0 and earlier versions absent an applicable exception or limitation.

Features remaining unchanged across license versions

Attribution required

All of the CC licenses require attribution where "BY" is a license element, which is all but five of the eleven version 1.0 licenses.The required mode of attribution differs slightly among the versions, and is progressively more flexible with each version. The version 1.0 suite is unique because it contains five CC licenses that do not require attribution. All subsequent license suites make attribution a standard requirement, though the licensor may request removal in certain circumstances. It is also possible under all license versions for a licensor to release works anonymously, and to waive the requirement by not providing authorship information. Where an element of attribution information is not provided by the licensor, the licensee is not required to provide it.

Definition of "NonCommercial"

While the Creative Commons licenses have evolved over time, the scope of permitted uses under the NonCommercial licenses has remained unchanged across all license suites. (In 4.0, there was a small adjustment to the wording of the definition which was not intended to change its scope.) The NonCommercial clause prohibits the exercise of rights granted under the NonCommercial licenses “in any manner that is primarily intended for or directed toward commercial advantage or monetary compensation.” In 2008, Creative Commons conducted a study on the meaning of NonCommercial in the online environment.

During the 4.0 process, CC took another look at the role of these licenses in general as well as the NonCommercial definition, and considered a name change to "Commercial Rights Reserved". The ultimate decision was to leave unchanged the license name and definition.

Application of effective technological measures by users of CC-licensed works prohibited

All CC license versions prohibit licensees (as opposed to licensors) from using effective technological measures such as “digital rights management” software to restrict the ability of those who receive a CC-licensed work to exercise rights granted under the license. To be clear, encryption or an access limitation is not necessarily a technical protection measure prohibited by the licenses. For example, content sent via email and encrypted with the recipient's public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a set of users (e.g., with a username and password) does not restrict use of the work by the recipients. In the cases above, encryption or an access limitation does not violate the prohibition on technological measures because the recipient is not prevented from exercising all rights granted by the license (including rights of further redistribution).

This treatment was re-evaluated during the public process leading to release of the version 3.0 license suite. CC considered arguments in favor of such measures, coupled with an obligation of parallel distribution; these arguments were also reconsidered during the 4.0 process. However, in both versioning processes, those arguments were ultimately rejected.

Note that in 4.0, CC introduced a definition of Effective Technological Measures. This definition is not intended to change the scope of what is and is not allowed, but instead provide long-needed clarification over the scope of the prohibition.

Exceptions and limitations unaffected

All CC licenses only govern uses that would otherwise be restricted by copyright and other closely related rights as provided in the licenses. If a use is not regulated by virtue of an applicable exception or limitation, the license does not apply and there is no need to follow the license conditions. The licenses do not create obligations where they would not otherwise exist.

Effective for all copyrightable material

All Creative Commons license versions may be used with all copyrightable works (though CC recommends against using its licenses for computer software). Such works include compilations of data that exhibit the requisite level of creativity for copyright protection under applicable law. Thus, to the extent compilations of data are protected by copyright, Creative Commons licenses are suitable licenses for granting permission to exercise that right. For the avoidance of doubt, version 3.0 and 4.0 licenses explicitly identify compilations as material that may be licensed.

Note that sui generis database rights (existing separately from any copyright) are not explicitly licensed in the international suite until version 4.0.

Notices must be retained

The CC licenses all require users to retain a copyright notice, a notice of the disclaimers of warranties, and a license notice if supplied with the licensed material.

Synching creates adaptations

In all license versions, synching CC-licensed audio in timed relation with a video to create an audiovisual work creates an adaptation of that audio work for purposes of the license, regardless of whether the new work would be considered an adaptation under the relevant copyright law. This means, for example, that the requirements of ShareAlike are triggered if the audio work is licensed under a ShareAlike license, and that such works may be made but not shared if licensed under a NoDerivatives license as of version 4.0.

No sublicensing

None of the Creative Commons licenses grant permission to sublicense the licensed material. All of the licenses are direct licenses from the original licensor to all recipients. All permissions granted come directly from the original licensor, creating a direct relationship for enforcement and other purposes between the original licensor and all recipients.

Licensing of collections

Including a CC-licensed work in a collection (a work comprised of separate and independent works) is permitted by all CC licenses. However the collective work as a whole is licensed, the license on the collection does not affect the CC license applied to the work.

In 4.0, reference to distribution in a collection was removed from the license as unnecessary. There is no change from previous versions, however.

Licensing of contributions to BY and BY-NC adaptations

The 4.0 licenses make clear for the first time how contributions to adaptations of BY and BY-NC works may be licensed. Specifically, an adapting licensee may apply any license to her contributions provided that license does not prevent users of the adaption from complying with the original license. While new in 4.0, the introduction of this provision is intended as a clarifier only and is not a change from how earlier versions operate.

Licenses

Links to the International (unported) legal code for the six licenses making up the current suite, for each version:

4.0

3.0

2.5

2.0

1.0

Retrieved from "https://wiki.creativecommons.org/index.php?title=License_Versions&oldid=115094"

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#####EOF##### Terms pre 2010-08-04 - Creative Commons
Creative Commons > Terms of Use > Terms pre 2010-08-04

Terms pre 2010-08-04

Table of Contents

  1. General Information Regarding These Master Terms of Use (“Master Terms”).
  2. Your Agreement to the Terms.
  3. Changes to the Terms.
  4. Provision of the Websites and Services Generally.
  5. No Legal Advice.
  6. Location of the Websites and Services.
  7. User Conduct.
  8. Terms Relating to Content on the Websites and Services.
  9. Third Party Websites and Content; Links.
  10. Participating in Our Community: Registered Users.
  11. DISCLAIMER OF WARRANTIES.
  12. LIMITATION OF LIABILITY.
  13. Indemnification for Breach of Terms of Use.
  14. Privacy Policy.
  15. Trademarks.
  16. Copyright Complaints; DMCA Compliance.
  17. Termination of this Agreement.
  18. Miscellaneous Terms.

1. General Information Regarding These Master Terms of Use (“Master Terms”).

Please read these terms carefully because they apply to your use of all of the websites that Creative Commons Corporation operates other than our ccNetwork website (https://creativecommons.net/) (collectively, the websites to which these terms apply, the “Websites”), including the products and services provided through the Websites (collectively, the “Services”). Websites include, but are not limited to, the websites operated at http://creativecommons.org and http://sciencecommons.org (collectively, together with all sub-domains thereof, including but not limited to http://learn.creativecommons.org, http://opened.creativecommons.org, and http://discovered.creativecommons.org/search/. Creative Commons Corporation (“CC” or “Creative Commons”) is a Massachusetts corporation with a business office at 171 Second St., Suite 300, San Francisco, California 94105, United States.

Unless otherwise agreed in writing with Creative Commons, your use of any Website or Service will always be subject to, at a minimum, the terms and conditions set out in this document. These are referred to as the “Master Terms.”

In addition, your use of any Website or Service may also be subject to the terms of any legal notice applicable to the Website or Service, in addition to the Master Terms. All such terms supplementing these Master Terms are referred to below as the “Additional Terms.” Where Additional Terms apply to a Website or Service, these will be accessible for you to read either within, or through your use of, that Website or Service.

The Master Terms, together with any Additional Terms, form a binding legal agreement between you and Creative Commons in relation to your use of the Websites and the Services. Collectively, this legal agreement is referred to below as the “Terms.” If there is any contradiction between the Additional Terms and the Master Terms, then the Additional Terms shall take precedence in relation to the Website or Service to which the Additional Terms apply.

2. Your Agreement to the Terms.

YOUR ACCESS OR USE OFANY WEBSITE OR SERVICE IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. By accessing or using any Website or Service you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Website or Service. If you do not agree to the Terms, you are not authorized to use any Website or Service.

3. Changes to the Terms.

From time to time, Creative Commons may change, remove, add to (including without limitation by way of Additional Terms) or otherwise modify the Terms, and reserves the right to do so in its discretion. In that case, we will post the updated Master Terms or Additional Terms, as relevant, to the applicable Website(s) and indicate the date of revision. We encourage you to periodically review the Terms. In addition, if our modifications are material, we will make commercially reasonable efforts to notify you electronically. For example, we may send a message to your email address, if we have one on file, or we may display a notice on the Websites indicating that the Terms have changed. All new and/or amended Terms take effect immediately; provided, however, that if deemed material by Creative Commons it its sole discretion, such new and/or additional material terms will be marked as such and will take effect 30 days after they are posted on the applicable Website. Notwithstanding the foregoing, (i) no modification to the Terms will apply to any dispute between you and Creative Commons that arose prior to the effective date of any modification and (ii) if you do not agree with any modification to the Terms, you may terminate this agreement by ceasing use of the Websites and Services. Your continued use of any Website or Service after new and/or revised Terms are effective indicate that you have read, understood and agreed to those Terms.

4. Provision of the Websites and Services Generally.

Creative Commons makes the Websites and Services available to you on the Terms. You may only use the Websites and Services in accordance with these Master Terms and any applicable Additional Terms. In particular but without limitation, you may not use the Websites and Services for any purpose that is unlawful or prohibited by these Master Terms, any applicable Additional Terms, or any other conditions or notices that are made available on any Website or Service.

5. No Legal Advice.

Creative Commons is not a law firm and does not provide legal advice. Using the Websites or Services or sending us an email does not create an attorney-client relationship. In particular but without limitation, use of any of CC’s legal tools or licenses and/or using any Services relating to CC’s legal tools or licenses (including without limitation the CC0 Chooser, the License Chooser or the Scholar’s Copyright Addendum) does not constitute legal advice nor does it create an attorney-client relationship. You are advised to consult with your own legal counsel before using CC’s legal tools or licenses. Creative Commons provides all Websites, Services, information, tools and licenses on an “as-is” basis. Creative Commons makes no warranties regarding any information, tools or licenses provided on or through the Websites and Services, and disclaims liability for damages resulting from their use.

6. Location of the Websites and Services.

The Websites and Services are controlled and offered by CC from its facilities in the United States of America. CC makes no representations that the Websites or Services are appropriate or available for use in other locations. If you are accessing or using any Website or Service from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law. Notwithstanding the foregoing, the Websites may contain or provide links to Content (defined in Section 8, below) hosted on websites located outside of the United States of America.

7. User Conduct.

Users agree not to use the Websites or Services to:

  1. Post, use or transmit Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;
  2. Post, use or transmit unsolicited or unauthorized Content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising;
  3. Post, use or transmit Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Websites or Services or servers or networks connected to the Websites or Services, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Websites or Services;
  4. Post or transmit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
  5. Intimidate or harass another;
  6. Use or attempt to use another’s account, service, or personal information;
  7. Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Websites or Services;
  8. Attempt to gain unauthorized access to the Websites or Services, other accounts, computer systems or networks connected to the Websites or Services, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of the Websites or Services or any activities conducted through the Websites or Services;
  9. Use any means to bypass or ignore robot.txt, or other measures we use to restrict access or use of the Websites or Services;
  10. Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
  11. Post or transmit any personally identifiable information about persons under 13 years of age, including without limitation in connection with the OpenEd Website (located at http://opened.creativecommons.org) or the Services offered thereon.

In addition, you may not (and may not authorize another party to): (i) frame or otherwise co-brand the Websites or Services (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute the Website or Service); or, (ii) use any Website or Service in any manner that could disable, overburden, damage or impair such Website or Service, or interfere with any other party’s use and enjoyment of any Website or Service.

8. Terms Relating to Content on the Websites and Services.

  1. Responsibility for Content. You understand that all material, data and information, such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (collectively, “Content”) which you may have access to as part of, or through your use of, the Websites and Services are the sole responsibility of the person from which such Content originated. This includes assertions that persons may make, expressly or impliedly, about the provenance and ownership of Content that they supply, upload, list and/or link to. You acknowledge that Creative Commons does not make any representations or warranties about the Content, including without limitation, about the accuracy, integrity or quality of the Content made available at the instigation of users of the Websites and Services. You understand that by using the Websites and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances is Creative Commons liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available via the Websites and Services.
  2. Licenses Associated With Content on the Websites and Services.
    1. CC Content: All Content (other than computer software) owned by Creative Commons and made available by CC on the Websites or through the Services is licensed under the Creative Commons Attribution 3.0 Unported license, unless marked otherwise.
    2. Your Content: You retain the copyright in your Content that you provide on the Websites or in connection with the Services. You hereby agree that all Content you voluntarily provide to CC on or through any Website or Service is licensed under a Creative Commons Attribution 3.0 license, is not copyrightable, or is in the public domain (such as Content you or another make available under CC0). When you post your Content, you designate Creative Commons (including the relevant CC project, such as ccLearn or Science Commons) as the “Attribution Party” for the purposes of the Attribution 3.0 license, as defined therein, and grant permission for the relevant Website URI to be associated with your Content for purposes of that license. If Content you provide is protected by copyright, then if it is not licensed under a Creative Commons Attribution 3.0 license, you must not provide it to CC. For the avoidance of doubt, you may otherwise license your Content on any terms or no terms at all, but upon uploading or supplying Content protected by copyright to CC on the Websites or in connection with the Services, you are licensing such Content under a Creative Commons Attribution 3.0 license in addition to any such other license that may apply to your Content, and designating Creative Commons (and any relevant CC project) as the Attribution Party for purposes of that license; provided, however, that this subparagraph (b)(ii) shall not apply to Content, if any, that you identify or reference when using our License Chooser or CC0 Chooser but that you do not supply or upload onto the Websites or in connection with the Services.
    3. Third Party Content: Third Party Content and Third Party Websites (as defined in Section 9, below) that CC links to or embeds in the Websites or that are provided through the Services, including but not limited to blogs and news feeds, are subject to the license terms accompanying such Content. For Third Party Content and Third Party Websites that CC supplies, as a courtesy Creative Commons will take reasonable steps to clearly mark any such Third Party Content or Third Party Websites that are not licensed under a Creative Commons Attribution 3.0 license; provided, however, that CC cannot and does not make any guarantee or warranty whatsoever about the license terms of Third Party Content or Third Party Websites and provides all such information AS-IS. We encourage you to always verify the license of any such Content before use.
    4. Search Results: Creative Commons provides website search tools as a Service on some of the Websites. Those search tools may return Content that is not CC licensed. CC will make reasonable efforts to clearly mark whether such Content is licensed under a CC license based on any license information our search tools are able to locate and interpret. As stated above, you should independently verify the terms of the license attached to any Content you intend to use.
  3. Content You Provide.You may only submit Content to the Websites or in connection with the Services that you have the right to submit. This means that you can only submit Content that you yourself create, that is in the public domain or that you have been expressly granted the right to submit consistent with the Terms. For the avoidance of doubt, Content that infringes the rights of any third party (e.g., Content used without express permission of the copyright owner and not otherwise permitted by law) must not be submitted. You represent, warrant and agree that no Content of any kind submitted, posted or otherwise shared by you on or through any of the Websites or Services, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contains libelous, defamatory or otherwise unlawful material. Further, you represent, warrant and agree not to submit any personally identifiable information, including any Content containing personally identifiable information, about any person who is under 13 years of age. Creative Commons may, but is not obligated to, review your submissions and may delete or remove (without notice) any Content in its sole discretion that Creative Commons determines violates the Terms or that may be offensive, illegal, or that might violate the rights, harm or threaten the safety of others. Creative Commons does not endorse or support any Content posted by you or any other third party on or through the Websites or Services. You alone are responsible for creating backup copies and replacing any Content you post on the Websites or Services, and you authorize Creative Commons to make copies of your Content as we deem necessary in order to facilitate the posting of your Content on the Websites or Services. You may request the removal of your Content from the Websites or Services at any time, and CC will take reasonable steps to promptly remove such Content; provided, however, that CC can remove any such Content only from its Websites and cannot remove Content from email archives, wiki history pages and similar community forums where you may post content, or others’ computers, such as Content you may have sent to others in an email posted to a CC email list. If you choose to remove your Content, the Creative Commons license you granted when submitting such Content (see subparagraph (b)(ii), above) will remain in full force and effect in accordance with its terms.
  4. Use of Content on the Website or Services.You may use the Content you find on the Websites or Services in accordance with the terms of the license applicable to that Content. For the avoidance of doubt, you must attribute all Content (except public domain Content) in the manner specified by the author or licensor (including attribution to any designated Attribution Party) and in accordance with the terms of such license and you must not remove or alter any copyright, trademark, name or other notice or legend that appears in connection with the Content. You represent and warrant to Creative Commons that you will use any and all Content on our Websites or Services in accordance with the applicable license. You should be sure to review the terms of that license before you use the Content to which it applies so that you know what you can and cannot do.By using the Websites or Services, you agree that you are solely responsible for your use of any and all Content made available thereon. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the provenance, ownership, accuracy, completeness, or reliability of such Content. In this regard, you acknowledge that you may not rely on any Content made available on the Websites or Services without your own independent evaluation of that Content. Creative Commons does not guarantee that Content made available on the Websites or Services does not infringe the rights of any third party.

9. Third Party Websites and Content; Links.

The Websites or Services may contain links to websites not controlled by Creative Commons (“Third Party Websites”), as well as Content belonging to or originating from persons or organizations other than Creative Commons (“Third Party Content”). You acknowledge that Creative Commons is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website, regardless of whether Third Party Websites provide the option for users to apply Creative Commons licenses to Content hosted on those sites, or whether any Third Party Website or Third Party Content bears a Creative Commons license. You further acknowledge that Creative Commons (a) is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website; (b) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness or non infringement; (c) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.

10. Participating in Our Community: Registered Users.

Registering for an account on any of the Websites, including but not limited to the OpenEd Site (located at http://opened.creativecommons.org) and the Creative Commons Wiki (located at http://wiki.creativecommons.org) is void where prohibited. Only persons who are over the age of majority in their jurisdiction (which typically is 18, but may be different in your jurisdiction) and fully competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms and to abide by and comply with the Terms may register for an account and use the related Services; provided, however, that if you are under the age of majority in your jurisdiction but over 13 years of age, you may join with the express permission of your parent or legal guardian. Any registration by, use of or access to the Services provided to Registered Users (defined below) by anyone (1) under the age of 13 or (2) under the age of majority in their jurisdiction but without parental or guardian permission, is unauthorized, unlicensed and a violation of these Master Terms. By registering for an account on any of the Websites or using the related Services, you represent and warrant that you (1) are the age of majority in your jurisdiction or, (2) are over the age of 13 and have the express permission of a legal guardian to become a Registered User and use Services made available to Registered Users, and you further agree to abide by all of the terms and conditions of these Master Terms and any applicable Additional Terms.

Services offered to Registered Users are provided subject to these Master Terms and any Additional Terms specified on the relevant Website. Creative Commons reserves the right to modify or discontinue the accounts of Registered Users and related Services at any time. Creative Commons disclaims any and all liability to Registered Users and third parties in the event CC exercises its right to modify or discontinue user accounts or related Services.

Registration; Security. You agree to (a) provide accurate, current and complete information about you, if and as may be prompted by the registration process on the any of the Websites, (b) maintain the security of your password(s) and identification, (c) maintain and promptly update your registration information and any other information you provide to Creative Commons, and to keep it accurate and complete to, among other things, allow us to contact you, and (d) be fully responsible for all use of your account and for any actions that take place using your account. It is your responsibility to ensure that Creative Commons has up-to-date contact information for you. You may not set up an account or membership on behalf of another individual or entity unless you are authorized to do so.

No Membership in CC. As used in these Master Terms, “Registered User” means a person who has registered and obtained an account on one of our Websites. Becoming a Registered User or using any of the related Websites or Services does not and shall not be deemed to make you a member, shareholder or affiliate of Creative Commons for any purposes whatsoever, nor shall you have any of the rights of statutory members as defined in Sections 2(3) and 3 of Chapter 180 of the General Laws of Massachusetts.

Termination; Termination and Inactivation of User Accounts. Your participation as a Registered User and use the related Services terminates automatically upon your breach of any of these Master Terms or applicable Additional Terms.

In addition, Creative Commons may, at any time: (a) modify, suspend or terminate the operation of or access to your user account for any reason; (b) modify or change such Websites and Services and any applicable Terms and policies governing your user account and related Websites and Services for any reason; and (c) interrupt user accounts and related Websites and Services for any reason, all as Creative Commons deems appropriate in its discretion. Your access to your account, and use of the related Websites and Services may be terminated by you or by Creative Commons at any time and for any reason whatsoever, without notice.

In addition, Creative Commons reserves the right to delete and purge any account and all Content associated therewith following any prolonged period of inactivity, all as may be determined by Creative Commons in its complete discretion.

11. DISCLAIMER OF WARRANTIES.

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#####EOF##### Europeans should tell Parliament to vote NO to copyright filters - Creative Commons
Creative Commons > Blog > Policy / advocacy / copyright reform > Europeans should tell Parliament to vote NO to copyright filters

Europeans should tell Parliament to vote NO to copyright filters

Timothy Vollmer

March 21, 2019

It’s the end of the line for the EU’s proposed Directive on Copyright in the Digital Single Market. The dramatic negative effects of upload filters would be disastrous to the vision Creative Commons cares about as an organisation and global community. The continued inclusion of Article 13 makes the directive impossible to support as-is.

Last month the Parliament, Council, and Commission completed their trilogue negotiations and reached a final compromise on the copyright directive text. Soon thereafter the EU Member State Ambassadors and the Parliament’s legal affairs committee gave a green light, now leading to a final vote in the plenary session of the Parliament scheduled for March 26.

Next week all 751 MEPs will get a chance vote on whether to adopt the copyright directive, or send it back to the drawing board.

Upload filters will turn the web upside down

From a copyright perspective, Article 13 turns how the web works on its head. It will require nearly all for-profit web platforms that permit user generated content uploads to either get a license for all user uploads or otherwise install copyright filters and censor content. If the platforms don’t comply, they could become liable for massive copyright infringement damages. The logical outcome is that this will harm existing platforms and prevent the creation and flourishing of new and innovative services in Europe because those new players don’t have the money, pull, or expertise to conclude licensing deals or build (or pay for) the necessary filtering technologies. Instead, the established companies will simply become more entrenched and dominant, as services like YouTube have a headstart on both of these fronts. We cannot support a copyright ecosystem that will simply entrench the extensive market power of incumbent players and, at the same time, create unnecessary roadblocks for new platforms and services that stimulate creativity and sharing.

This reversal of the liability regime that all but ensures upload filters will need to be implemented has another disconcerting consequence: user rights are thrown out the window because filtering technologies can’t possibly know when a work is infringing and when a work is being legally used under an exception to copyright. Such a system will almost surely curtail freedom of expression, as platforms will mitigate any risk by simply blocking content regardless of whether the use is sanctioned under the exceptions to copyright, such as for criticism, quotation, and parody.

The road to here

Over the last several years, Creative Commons has been working to support copyright changes in Europe that champion the commons and the public interest. We’ve done this as part of the Communia Association, civil society organisations, research groups, user rights activists, and open web advocates. CC submitted comments to the initial consultation from the Commission, made a joint analysis and suggestions for improvement with our network in Europe, advocated to protect scientific research, and offered voting recommendations on many provisions within the sweeping copyright directive.

Communia and other NGOs on the ground in Europe have supported positive changes to key aspects of the reform that would benefit research, education, and the public good, particularly working to improve the exceptions for text and data mining and education, as well changes to support the public domain and improve the ability of cultural heritage institutions to make content available online. The tireless efforts of organisations and individuals who stepped up to defend the commons and improve various parts of the directive that supports robust user rights should be celebrated. Their detailed research, writing, and advocacy has done so much to improve many parts not-so-well covered yet incredibly important pieces of the directive.

What you can do now

CC believes that our vision of universal access to research and education and full participation in culture will only be achieved when we all have copyright policies that truly promote creativity and protect users rights in the digital age. With Article 13, it’s no exaggeration to say that it’ll fundamentally change the way people are able to use the internet and share online. Even with some of the minor improvements to other aspects of the copyright reform package, on balance a directive that contains Article 13 will do more harm than good.

If you’re in Europe go to https://saveyourinternet.eu/act/ to tell your MEPs you don’t support a copyright reform that turns how we create and share on the web upside down. If Article 13 can’t be removed, then policymakers should reject the reform outright and begin again.

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#####EOF##### Share your work Archives - Creative Commons
Creative Commons > Blog > Share your work

Share your work

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Is it possible to decolonize the Commons? An interview with Jane Anderson of Local Contexts

Joining us at the Creative Commons Global Summit in 2018, NYU professor and legal scholar Jane Anderson presented the collaborative project “Local Contexts,” “an initiative to support Native, First Nations, Aboriginal, Inuit, Metis and Indigenous communities in the management of their intellectual property and cultural heritage specifically within the digital environment.”

Share your work
#####EOF##### Open Education Week: 24-Hour Global CC Network Web-a-thon: 5-6 March - Creative Commons
Creative Commons > Blog > Education / OER > Open Education Week: 24-Hour Global CC Network Web-a-thon: 5-6 March

Open Education Week: 24-Hour Global CC Network Web-a-thon: 5-6 March

Open Education Week is an annual convening of the global open education movement to share ideas, new open education projects, and to raise awareness about open education and its impact on teaching and learning worldwide.

Cable Green

February 28, 2019

Open Education Week 24 hour global web-a-thon

 

 

 

 

 

 

 

 

 

 

Open Education Week is an annual convening of the global open education movement to share ideas, new open education projects, and to raise awareness about open education and its impact on teaching and learning worldwide. Each year, the Creative Commons global community participates, hosts webinars, gives local talks and shares CC licensed educational resources.

As part of the event this year, the Creative Commons Open Education Platform and CC Poland are hosting a 24-Hour Web-a-thon: 5-6 March (depending on your time zone).

We have amazing speakers from around the world presenting in multiple languages. Experts from Algeria, Nigeria, Argentina, South Africa, Italy, Chile, United Kingdom, Afghanistan, United States, Ireland, Sweden, Canada and Poland will present their open education projects.

Time: All times are UTC (check your local time using worldtimebuddy.com)

Webinar Room: All sessions will be in: https://www.uberconference.com/creativecommons

This year we hosted:
 – 28 Conferences
– 878 Minutes
– 222 Unique Participants

Day One – March 5

9:00-9:20 – Open Networked Learning – a collaborative open online course on open networked learning (Recording)
Presentation of the Open Networked Learning course – an initiative from Karolinska Institutet, Lund University, Linnaeus University and Karlstad University with Partner Universities and Organizations in Brazil, Finland, Ireland, Singapore, South Africa, and Switzerland. In particular, we will focus on the new course homepage powered by WordPress and BuddyPress. Jörg Pareigis, Karlstad University

9:30-9:50 –How the IT community in Slovakia creates open educational resources
Do you like the idea of creating open educational resources (OER) but don’t know how to get started? This presentation introduces the work of teachers and geeks who have either created their own open educational resources from scratch or built upon the work of others by adapting, remixing and translating. The goal is to provide inspiration, show practical examples of the various kinds of OER that these men and women produced and how their labor of love is helping make IT education more interesting. They pulled this off with little or no resources: perhaps you can join them, too? Jan Gondol

10:00-10:20 – Open Education Initiatives in Francophone North African countries (Recording)
In this presentation, we will share the state of Open Education initiatives in Francophone North African countries. Kamel Belhamel, University of Bejaia

10:30-10:50 – Open for Educators: Stirring Action via Support Services
Adoption of OER and OEP by educators (K-12 to HEI) strongly depend on support services available. This presentation considers various support services needed by educators to start to shift and implement OER and OEP using a case study of educators in Nigeria. John Okewole, Yaba College of Technology

11:00-11:20 – Open Education to build a Latin American community of information professionals. Fernando Lopez, Aprender 3C (Recording)

12:00-12:20 – Creating Educational Equity through OER and Open Degree Plans
This presentation will address OER and open degree as a means for reducing the high cost of earning a college degree, providing equity and access to higher education. Carolyn Stevenson, Purdue University Global

12:30-12:50 – Open is an Invitation: Exploring Use of OER with Ontario Post-Secondary Educators
In this short presentation, with lots of time for conversation, I will share the key findings of my doctoral research conducted in partnership with Ontario post-secondary educators in 2018. Jenni Hayman, Cambrian College

13:00-13:20 – Exploring the multiliteracies to support access to OER in South Africa
This presentation explores the specific multiliteracies required within a South African context in order to support epistemological and demiurgic access to OER. This research took the form of a conceptual study with an integrative literature review and document analysis of selected open educational resources and repositories. A broad framework of multiliteracies is presented for use within the Southern African context. Jako Olivier, North-West University

14:00-14:20 – Design process for an open educational resource: a case study (Recording)
In this presentation we described an experience of creation of an open educational resource following an interactive design methodology, working with design students. The work was carried out within the framework of a university seminar, aimed at introducing students of audiovisual design in technical, legal and design issues and their articulation with pedagogical objectives in an interactive design process. The tasks carried out included the creation of a “user” profile of the target students, analysis of the use situation and the needs of the teachers. The process concluded with the creation of an OER prototype for use in secondary schools. Lila Pagola, Universidad Nacional de Villa María

14:30-14:50 – Open Education Cooperative Educoop (Recording)
Presentation of the method of co-creation of open educational resources by teachers based on 4 values: cooperation, learning, openness and adventure. I will also show the effects of the first edition of the project. Aleksandra Czetwertyńska, Centrum Cyfrowe

15:00-15:20 – OEGlobal19 call for proposals – tracks and ideas (Recording)
We are going to briefly present the main topic of next OE Global 19, the main tracks in the call for proposal and give our support to colleagues who might want to ask questions about how to submit their proposals, according to the different formats available this year. Susan Huggins, OE Consortium. Chrissi Nerantzi, University of Birmingham. Paola Corti, Politecnico di Milano.

15:30-15:50 – Open Education in Chile: small steps in an adverse context
Nosotros hablaremos sobre los pequeños pasos y complejos contextos en el donde la educación abierta en Chile, a transitado en los últimos años, con algunas experiencias interesantes y relevantes, ademas del esfuerzo en compromisos concretos a través de los Planes de Acción de Gobierno Abierto. En nuestra opinión, los desafíos presentes y futuros para la educación abierta en el país son enormes, existiendo proyectos e iniciativas importantes, las que esperamos puedan representar nuevos escenarios favorables de mayor equidad y calidad educativa para los estudiantes. Werner Westermann, Biblioteca del Congreso Nacional

16:30-16:50 – OER news from the UK and OER19 (Recording)
We will share news of developments of OER in the UK and the OER19 Conference, taking place in Ireland in April – we will share how you can participate remotely and highlight important new resources and research. Maren Deepwell, Association for Learning Technology

17:00-17:20 – OpenEd in Oklahoma (Recording)
The purpose of this presentation will be to share the state of Open at Oklahoma State University where we have been, where we are going, and why. Cristina Colquhoun, Clarke Iakovakis, & Kathy Essiller, Oklahoma State University

17:30-17:50 – One adult student’s perspective on open education opportunities (Recording)
Older than most teachers and administrators, I’m the first online student at Metropolitan State University’s College of Individualized Studies authorized to use my own eportfolio to demonstrate my prior learning for assessment to complete a bachelor’s degree. An EdTech intern, I study open learning technologies and heutagogy. (self-directed learning) Mark Corbett Wilson, Metropolitan State University

18:00-18:20 – A Quick Look at the Future of OER (Recording)
This talk will look at the impact of new technologies – specifically, open data, cloud technologies, AI and distributed ledgers (blockchain) – on the future shape of OER – what they will look like, how they will be used, and what skills and knowledge will be needed to develop and use the. Stephen Downes, National Research Council Canada

18:30-18:50 -Going beyond the classroom: Digital Humanities OER powered by the European research infrastructure DARIAH (Recording)
This talk will showcase different approaches to bridge the flow of knowledge in Digital Humanities across different cultures and connect researchers with the tools and services provided by research infrastructures that are increasingly important ecosystems to conduct top-level research. We share experiences from the development of two resources developed in a research infrastructure context: the Parthenos Training Suite and the OpenMethods metablog. Both resources allow for flexibility with different teaching/learning contexts, enable peer learning, and empower teachers and students to look beyond their institutional perspectives. Erzsébet Tóth-Czifra, DARIAH-EU

19:00-19:20 – OER Momentum in the Rocky Mountains: Policy, Practice and Purpose (Recording)
Colorado’s unique leadership with statewide OER efforts is steered by the OER Council, a legislatively created advisory group comprised of representatives from a variety of disciplines and institutional types. This session will highlight how a diverse group of individuals in the Rocky Mountain state have advocated and executed OER efforts at the state level, while also highlighting future ambitions in policy, practice and purpose. Meg Brown-Sica, Colorado State University. Brittany Dudek, Colorado Community College Online. Spencer Ellis, Colorado Department of Higher Education. Jonathan Poritz, Colorado State University-Pueblo.

19:30-19:50 – State of Open Data: Data and Education (Recording)
This talk will showcase the findings of the chapter about data in education on the book State of Open Data. It aims at presenting the benefits of the use of open data in education, and its value for developing data literacies, but also, it highlights the risks of datafication of education with the aim of giving a wide landspace and perspectives on data in education. Javiera Atenas, ILDA

20:00-20:20 – An OER Library in Afghanistan
OER in Afghanistan? Yes, it’s true! For several years, we have been making and translating OER into Afghan languages, as part of the Darakht-e Danesh (‘knowledge tree’ library). We will tell you about our small but fierce digital library, we will share our lessons learned doing OER in this part of the world, and we will tell you about how we innovate around challenges like insecurity, connectivity and digital literacy. We’ll highlight some of our exciting future plans, and hopefully, leave you inspired. Lauryn Oates, Abdul Parwani, Darakht-e Danesh Library

20:30-20:50 – New open education initiatives in Ireland
Ireland’s ‘National Forum for the Enhancement of Teaching and Learning in Higher Education’ is a unique body, tasked with supporting & fostering T+L enhancement & collaboration across all HEI’s in Ireland. Terry & Catherine will describe national plans in the area of open education – and are open to ideas & feedback. Terry Maguire & Catherine Cronin, National Forum for the Enhancement of Teaching & Learning in Higher Education

21:00-21:20 РAlquim̩tricos, Open source DIY didactic building blocks
Near past, present and what’s next on building our open tech, didactic content, and branding model. Alquimétricos is a collaborative open project on designing, content developing and DIY (handcraft or digital) fabricating of tech-oriented didactic materials. A word on sustainability on open tangible stuff. Fernando Daguanno, Alquimétricos

21:30-21:50 – OER19 Conference – themes & conversations (Recording)
Following on from earlier presentation by Maren Deepwell & Martin Hawksey, Catherine (and an OER19 guest, TBC) will explore themes of the upcoming OER19 Conference taking place in Galway, Ireland, April 10-11. The overall conference theme is: ‘Recentering Open: Critical and Global Perspectives’. Catherine Cronin, National Forum for the Enhancement of Teaching & Learning in Higher Education

22:00-22:20 – State of Open Education in Canada
We will share the projects and initiatives happening in Canada around open education. Specifically looking at Provincial initiatives in postsecondary education as well as policies in Open Education in Canada. We will also highlight what is next for Canada, and what we hope to see for the future of Open Education. Amanda Coolidge, BCcampus. Lena Patterson, eCampusOntario.

22:30-22:50 – Creative Commons Certificates (Recording)
The 10-week CC Certificates course for educators and librarians provides an in-depth study of CC licenses and develops participants’ open licensing proficiency and understanding of the broader context for open advocacy in the Commons. Will also discuss: new CC Certificates in process, facilitator training, translations, and scholarships. Cable Green, Creative Commons

23:00-23:20 – Panorama Educación Abierta en la Argentina: investigación, incidencia y desafíos (Recording)
Area es la Red Argentina de Educación Abierta. Fundada hace aproximadamente dos años, Area trabaja la Educación Abierta desde un concepto de apertura que apunta a la producción de recursos educativos abiertos desde la problematización de los conceptos de datos abiertos, acceso abierto, investigación abierta, etc. Desde ese lugar de cruce abre conversaciones sobre la democratización del conocimiento como otras áreas o disciplinas como, por ejemplo, las Humanidades Digitales, o instancias de incidencia, como las relacionadas con Gobierno Abierto. Esta presentación constituye un resumen de las áreas de acción y las propuestas de la red en el país y la región. Gimena del Rio Riande, Martín Szyszlican, Virginia Brussa, Red Educación Abierta Argentina (Spanish)

DAY TWO – MARCH 6

7:00-7:20 – Equity-oriented Open Learning in the Marginal Syllabus (Recording)
A presentation about equity-oriented open learning as supported by the Marginal Syllabus project. The presentation will review design and learning practices summarized in Kalir (2018). Additional information about open learning via the Marginal Syllabus project. Remi Kalir, University of Colorado Denver

10:00-10:20 – Online roundtable on Growing Open Education Policies in 2019 (Recording)
This session is an opportunity for all activist to join and briefly present their organisations and plans for 2019. Host of this session is Centrum Cyfrowe Foundation from Poland – we will present some details about Open Education Policy Forum 2019. Alek Tarkowski, Centrum Cyfrowe Foundation

Be sure to share your Open Education Week activities with: #OEWeek

See you online!

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#####EOF##### Marking your work with a CC license - Creative Commons

Marking your work with a CC license

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You have chosen a CC license for your work. Now how do you go about letting the world know? Here are some examples of how to mark your work with the CC license. Note: If you want to know how to attribute other creators' CC licensed materials, go here.

How to use the CC License Chooser

You can easily add a CC license notice to your website by visiting the CC license chooser. At the chooser, simply answer a few questions, fill in the fields you need, and receive an already formatted HTML code.

CC license chooser v2.png

At this point, all you have to do is:

1. Copy and paste the HTML code into your webpage or website.

The specifics of inserting the code depend on how you edit your website. The block of code should be inserted into the page HTML - most desktop website tools like Dreamweaver, Frontpage, or GoLive offer a "code view" that lets you see the code that makes up your page. Near the end of the page before you see </body></html>, paste the HTML code in directly.
If all of the resources you are publishing on a single website are licensed under the same CC license, it makes sense to paste the HTML code into your website’s template (e.g., in a footer or sidebar area). After saving the template, the chosen license information should appear everywhere on your site. Whether you add license information to a single page or an entire site, once live on the Internet, the license information will be displayed and the machines will be able to detect the license status automatically.

2. Edit the descriptive text to suit your needs.

For example, if you select CC BY in the chooser, the default text you receive in the second line of html code is:
This work is licensed under a <a rel="license" href="http://creativecommons.org/licenses/by/3.0/deed.en_US">Creative Commons Attribution 3.0 Unported License</a>.
The bolded text is descriptive, and you can edit it without affecting the code. For example, you might specify what 'work' you're talking about, or let users know that the entire site is available under the license unless noted otherwise. You could edit the bolded part as follows:
Except where otherwise noted, this website is licensed under a <a rel="license" href="http://creativecommons.org/licenses/by/3.0/deed.en_US">Creative Commons Attribution 3.0 Unported License</a>.

Example: Website

Cc.org cc by license.jpg

This is the CC license notice at the bottom of this website. The CC BY license notice shows up on every page of creativecommons.org. This is a good example because:

Author? - Since the license is for the CC website as a whole, which includes multiple authors, one attribution party is not specified. Instead, it is clarified in the Terms of Use (linked in the footer on the left) who owns what content.
License? - The specific CC license is noted (CC BY) and linked.
Machine-readability? - Yup. Copied and pasted code from the license chooser.
Other good stuff? - Also, we make it clear that we will let you know when material is governed by terms different from the CC BY license.

Example: Blog

Parker's blog

If you visit Parker's blog, you will see this notice. Parker filled out a few fields in the CC license chooser, which spit out an html code. He copied and pasted the html code into his website, editing the descriptive text to his needs. This is a really good example because:

Author? - Parker specified that he is the author of the work.
License? - Parker named and linked to the specific CC license (Creative Commons Attribution).
Machine-readability? - Yup. Copied and pasted code from the license chooser.
Other good stuff? - Yup. Parker indicated that the site was "parker higgins dot net."

Example: Offline document

For documents that are meant to be shared offline, use a title and/or copyright page to include the copyright notice and CC license information. You can obtain suggested text using the license chooser.

Help others attribute you.jpg

In the 'Help others attribute you!' box, select 'Offline' in the drop-down menu for 'License mark'. Instead of html, you will receive the following text which you can edit as needed: "This work is licensed under the Creative Commons Attribution 3.0 Unported License. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/." You can also download the corresponding CC license icon at our downloads page.

Example

Col cc notice.jpg

The Commonwealth of Learning (COL) added this CC license notice to their copyright page in the report entitled, Survey on Governments’ Open Educational Resources (OER) Policies. This is a good example because:

Author? - "by The Commonwealth of Learning"
License? - The notice clearly specifies the CC BY-SA license along with a link.
Machine-readability? - No, it's an offline document.
Other good stuff? - COL added a (c) copyright notice and a title for the work. COL also added a license icon to make it visually appealing and recognizable. (All CC license icons can be downloaded for free here.)

If you link to the document on a web page, make sure that the license information is clearly displayed next to the file, with all the recommended information below.

If you want to get technical and attempt embedding metadata within documents, see the CC-OpenOfficeOrg Addin for OpenOffice or the Microsoft Office add-ins for Microsoft Office 2003/XP, Office 2007/2010/2013.

Example: Image

8256206923 c77e85319e n.jpg
"Creative Commons 10th Birthday Celebration San Francisco" by tvol can be reused under the CC BY license

This photo was taken during CC's 10th birthday party in San Francisco by CC staff member tvol. This is a good example because:

Author? - "tvol" and linked to his Flickr profile page
License? - The specific CC license is noted (CC BY) and linked.
Machine-readability? - No, but it could be if we copied and pasted code from the CC license chooser.
Other good stuff? - Title is noted and linked to Flickr page where original image resides.

It is also easy to publish your image on an image sharing platform that has built-in CC licensing, such as Flickr, 500px, or Wikimedia Commons.

Note: We don't recommend adding a watermark or visual marker directly on an image, as it can detract from the original and prevent the reuse you want to allow with the CC license. Instead, make sure that the license information is clearly visible underneath (or otherwise next to) the image.

Example: Presentation

CC presentation example.jpg

This slide appears at the end of Jane Park's presentation called "Using the CC BY license, Workshop for 2013 OPEN Kick-off" at Slideshare. This is a good example because:

Author? - Clearly specifies that Creative Commons is the party that should be credited, along with a request to link to creativecommons.org.
License? - The specific CC license is noted (CC BY) with a link provided.
Machine-readability? - Yes, because it was uploaded to Slideshare, a slide-sharing platform that supports CC licensing.
Other good stuff? - Jane made use of one of the free CC_video_bumpers to iconically illustrate the CC BY license. She also makes it clear that she will let you know when material is governed by terms different from the CC BY license ('Except otherwise noted..' ).

If you link to or embed the presentation on a web page, make sure that the license information is clearly displayed next to the file, with all the recommended information below.

Example: Video

By bw small.png

This is a CC video bumper, which you can add to your video if you have room for a 2-5 second copyright frame. Here are some pre-made CC_video_bumpers and some newly updated bumpers (as of Feb. 2019).

You can edit these bumpers or create your own still with more information. Just make sure that such a still contains all the information recommended below.

Once you've added a copyright notice within your video, we recommend uploading your video to one of these video-sharing platforms that have built-in CC licensing. These platforms take care of the machine-readability for you. You can also add author and license info to any "about" field at these sites. After you've uploaded the videos, you can share the video on your own website or blog using the platform's "embed" feature.

If you link to or embed the video on a web page, make sure that the license information is clearly displayed next to the file, with all the recommended information below. For example, this blog post does a good job of displaying the CC license information about the video outside of its medium.

Video embed example.jpg

If you want to get technical, we have a document about marking materials so that they are machine-readable.

Example: Audio

CC podcast introduction by Cory Doctorow

This is a sample CC audio bumper which you can add at the beginning of an audio file to orally tell users of the CC license. Feel free to use intro bumpers developed by various Internet celebrities. You can also create your own, which can include more information as recommended below.

For audio, we recommend uploading your file to one of the music sharing platforms or communities that support CC licensing. These platforms take care of the machine-readability for you. You can also add author and license info to any "about" field at these sites.

If you link to the file on a web page, make sure that the license information is clearly displayed next to the file, with all the recommended information below.

If you want to get technical, Use your favorite audio player to add in the information. See Embedded_Metadata. You can also add ID3 tags to a common audio file type, such as the MP3, or browse other file types.

Example: Dataset

Rufous woodpecker metadata.jpg

This is a CC license notice for a snippet of metadata that is part of the India Biodiversity Portal dataset. All the info is displayed once you click on the "i" to "Show details." This is a good example because:

Author? - Clearly noted in the Contributors field as "Chitra Ravi, Content Editor, India Biodiversity Portal"
License? - The specific CC license is displayed via CC BY license icon and linked to the deed.
Machine-readability? - No, but they're working on that.
Other good stuff? - References used to create the summary/brief noted. License and author info easily found by clicking on "i" for more details.
Rufous woodpecker image marking.jpg

This is the CC license notice for the image to the right of the dataset which in this case is governed by different terms. This is a good example because:

Author? - Clearly noted once you click on the "i" under Attributions - Flickr user "ric seet"
License? - CC BY-NC-ND, which is displayed in icon and icon is linked to the deed
Machine-readability? - No, but they're working on that.
Other good stuff? - Link included to original Flickr image and even date that image was accessed. License and author info easily found by clicking on "i" for more details.

Author, License, Machine-readability

A good rule of thumb is to use the acronym ALM, which stands for Author, License, Machine-readability.

Author - Who should the user attribute?

This means the person who owns the copyright to the material and is licensing it to the public, aka the 'licensor.' If you are the licensor, then name yourself! If you're only one of the licensors, then name the others, too. If you are licensing the material on behalf of another entity, such as an organization, then you would note that instead.

License - How can the material be used?

This one's easy--they can use it under the CC license! Make sure to name the specific CC license the material is under and link to it, eg. Creative Commons Attribution 4.0 License with a link to http://creativecommons.org/licenses/by/4.0/. Don't just say the material is Creative Commons, because that says nothing about how the material can actually be used. Remember that there are six different CC licenses!
→ Also consider including the corresponding CC license icon, a visible indication of the license that is recognized as part of the CC brand around the world, eg. http://i.creativecommons.org/l/by/3.0/80x15.png

Machine-readability - Can machines read it?

We live in the digital age, so this is very important. If you want search engines and software systems to be able to detect the CC license, then make sure to use our license chooser tool to get the machine-readable html code, which you can then easily paste into web pages. This code is simply a summary of the license in a format that machines can understand, hence the term "machine-readability". (Note: You can also upload your work to a content sharing platform that supports CC licensing and takes care of the machine-readability for you.)

Lastly, Is there anything else the user should know about the material?

Is your work a modification of another work? Does your work incorporate elements of several third party materials? Are you adding any warranties, or modifying the existing disclaimer in the CC license? Are you granting additional permissions beyond what the license allows? If your answer is yes to any of these, then you should note that along with the license information about your work. For example, if your work incorporates third party materials, you would note those materials and make sure to attribute each of them correctly. This is also your chance to grant additional permissions. For example, if you license something under CC BY but are okay with people not attributing you in certain cases--this is your chance to specify those cases. You can't change the terms of a CC license, but you can always grant additional permissions or warranties.

Content-sharing platforms

One way to increase visibility and access to your work is to share it with an existing community on a content-sharing platform. Many platforms support machine-automated CC licensing, making it easy for you to indicate the license along with other information, such as who to attribute. In addition, these platforms may offer the ability to filter or search content by CC license, which increases the chances that your work may be discovered. Search engines, such as Google or Yahoo!, also index CC-licensed works from these platforms.

Take a look at how to license your work on a few of these platforms, like Vimeo and Soundcloud, at Publish.

If your favorite platform does not enable CC licensing, the best thing to do is to add in the license information manually as you would on your own site. There is usually a description or other free form field where you can enter info about the work. You might also consider encouraging your platform or community to enable CC licensing. If the demand is great, they just might listen.

Adding a CC0 public domain notice to your work

If you have decided to dedicate your work to the public domain using CC0, you can use the CC0 waiver tool just like you use the CC license chooser. Simply fill in the fields at the form, go through the the necessary steps of reading and understanding what rights you are giving up with CC0, and receive the already formatted html code at the end, as show below.

Ml blog cc0.jpg File:Ml blog cc0 2.jpg

Then copy and paste the resulting html into your website as you normally would, following best practices outlined above for adding a CC license using the license chooser.

You can see how Mike did that here, and by visiting his blog: File:Ml blog cc0 3.jpg

You can also upload your work to a content-sharing platform that supports CC0.

If you want to mark specific media, see the different examples above. You would simply exchange the CC license text with the CC0 waiver text, shown in the example below.

Example: CC0

Casey image cc0.jpg

The text reads: "Copyright and related rights waived via CC0"

This blog post is a good example of marking an image with CC0 instead of a CC license because:

It tells you what the CC0 tool actually does and links to the CC0 deed so that users may understand further. It is also clear that CC0 is not a license, but a waiver.

Other issues

Adding a CC license to your derivative work

If the work you are licensing is a derivative of another work, then in addition to following best practices above, you need to let your potential users know a few things:

  • That your work is a derivative of another work
  • Attribution for the original work (see Best practices for attribution)
  • If there are any other rights (eg. third party content used under fair use or other exceptions) that they should be aware of

Remember that if your work is an adaptation of a work licensed under either CC BY-SA or CC BY-NC-SA, then your derivative work must be made available under the same license as per the ShareAlike condition.

Note: When modifying materials under one of the Version 4.0 CC licenses, you must make a note of any modifications you make to the materials, regardless of whether the modification is significant enough to merit a derivative work. For examples, see Best practices for attribution.

Noting third-party content in your work

When you add a CC license to your work, you are only granting permissions to the rights you hold in the work. So if your work is a derivative of another creator's CC-licensed work, or otherwise incorporates third-party content under fair use or other exceptions, then you should make a note of that for your users. Your CC license only ever covers the rights you have in the content you create, and never other content by third parties.

If you are incorporating materials offered under other CC licenses, then see our best practices for attribution.

For more information, or for tips on how to mark content that is incorporated under fair use or other exceptions, see marking third-party content.

Don't call it a CC license if it isn't

When marking your work, remember that any restriction or modification to the original license cannot be labeled a 'Creative Commons’ license. See our Trademark policy.es: Marcando tu obra con una licencia CC

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#####EOF##### Collecting Society Projects - Creative Commons

Collecting Society Projects

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This page collects information about the interaction between various Creative Commons jurisdiction projects and collecting societies. It provides an overview of jurisdictions where Collecting Society members can use Creative Commons licenses ('Projects') and of jurisdictions where there are talks between the jurisdiction project and a collecting society in order to achieve this goal ('Negotiations').

Priorities

  1. Increase usage of CC license in jurisdiction
  2. Increase legal certainty for musicians wishing to use CC licenses
  3. Increase profitability of CC license users
  4. Support non-exclusive collecting societies

NOTE: When interacting with Collecting Society representatives it is important to be cordial with them and provide information about Creative Commons usage (see case studies, documentation and metrics) and integrating Creative Commons licenses (see: CC+, CcREL and web integration). Be be mindful of the overall priorities and ensure that you are in line with the arrangements made as part of ongoing projects

Projects

  • Collecting Society Projects/Netherlands: pilot project between CC Netherlands and [://mmm.bumastemra.nl/en-US/Home.htm BUMA/STEMRA] (Collecting society for composers and songwriters) launched on 23 august 2007 and currently running.
  • Collecting Society Projects/Denmark: trail agreed between [://mmm.ksaday.com K][://mmm.koda.dk/english ODA] (Collecting society for composers, songwriters and music publishers) launced on 31 january 2008 and currently running.
  • Collecting Society Projects/Sweden: On 27 may [://mmm.stim.se/stim/prod/stimv4eng.nsf STI][://mmm.ksaday.com/2012/05/merubah-word-ke-pdf.html M] (Collecting society for composers, songwriters and music publishers) announced a two year trail that allows for their members to use CC-NC licenses. Currently running without involvement by CC-Sweden.
  • Collecting Society Projects/France: Pilot project between CC-France and [://mmm.sacem.fr/WportailSacem/jsp/ep/home.html SACEM] (Collecting Society for original music composers, authors and publishers)

Negotiations

  • Collecting Society Projects/Italy (page is currently empty): There are currently negotiations between CC-Italy and [://mmm.siae.it/index.asp SIAE] (Italian Society of Authors and Publishers, representing all sorts of authors and publishers (not only in the field of music))
  • Collecting Society Projects/Australia There are currently negotiations between CC-Australia and [://mmm.apra-amcos.com.au APRA] (Collecting Society for original music composers, authors and publishers)
  • Collecting Society Projects/Germany (page is currently empty): There are currently negotiations between CC-Germany and [://mmm.vgwort.de/ VG-W][://mmm.ksaday.com/2012/05/obat-sakit-gigi.html o][://mmm.ksaday.com/2012/05/rumah-unik-terbaik-di-dunia.html r][://mmm.vgwort.de/ t] (Collecting Society for authors of literary, journalistic and scientific works)

links (to be moved elsewhere)

  • APRA "Creative Commons" page, ://mmm.apra.com.au/writers/forms_and_guidelines/creative_commons.asp
  • APRA CEO Brett Cottle's article on ArtsHub, ://mmm.artshub.com.au/au/news.asp?sId=70075
  • Opt APRA, ://mmm.optapra.net - [://mmm.onlinepsychology-degree.org ://mmm.onlinepsychology-degree.org]
  • Elliott Bledsoe's blog entry after the CCau Music Forum, ://ccelliott.blogspot.com/2007/11/post-music-industry-forum-reflections.html
  • Reform APRA MySpace with 'I support reforms for APRA' pledges from Australian musicians, ://mmm.myspace.com/optoutofapra
  • Improbable Match: Open Licences And Collecting Societies In Europe, ://mmm.ip-watch.org/weblog/index.php?p=1291
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